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H.R.7194

Labor and Employment

Employee Rights Act This bill makes various changes with respect to the collective bargaining process and labor relations. For example, the bill permits an employer to refuse to collectively bargain with a union within 90 days prior to the expiration of a collective bargaining agreement if the employer receives evidence that the majority of the employees in the bargaining unit do not support the union. The bill requires support from a majority of the employees in the bargaining unit (not just a majority of the employees voting) when electing union representation. The bill also requires unions to provide bargaining unit employees with the right to vote by secret ballot, including when voting whether to engage in a strike or refusal to work. Further, union dues, fees, assessments, and other contributions may be used for only collective bargaining or contract administrative functions. Additionally, the bill establishes a process for nullifying executive orders that the Office of Management and Budget determines are likely to result in an employer ordering a plant closure or mass layoff.

To reform the labor laws of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Rights Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--ENHANCING EMPLOYEE RIGHTS Sec. 101. Enhanced employee rights. Sec. 102. Interference with commerce by threats or violence. Sec. 103. Additional labor rights under the National Labor Relations Act. TITLE II--EMPLOYEE BENEFITS AND ADVANCEMENT Sec. 201. Payment of higher wages. Sec. 202. Employment relationships. Sec. 203. Preventing Federal actions that cause job losses. TITLE III--STRUCTURAL REFORMS Sec. 301. Tribal sovereignty. Sec. 302. Labor organizations required to file Form T-1 Trust Annual Reports. TITLE IV--ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS AND PROTECTIONS Sec. 401. Notice of rights and protections; voter registration lists. Sec. 402. Labor organization use of personal information. Sec. 403. Notices for labor organization cards declaring purpose and disclosure of dues and fees. TITLE I--ENHANCING EMPLOYEE RIGHTS SEC. 101. ENHANCED EMPLOYEE RIGHTS. (a) Amendments to the National Labor Relations Act.-- (1) Unfair labor practices.--Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by striking ``restrain or'' and inserting ``interfere with, restrain, or''. (2) Representatives and elections.--The National Labor Relations Act is amended-- (A) in section 8 (29 U.S.C. 158), by adding at the end the following: ``(h)(1) Except as described in paragraph (3), it shall not be an unfair labor practice under subsection (a) for an employer that, not more than 90 days prior to the expiration of a collective bargaining agreement in effect between a representative of employees of the employer in a bargaining unit and the employer, receives evidence that the majority of the employees in the unit do not support the representative for purposes of collective bargaining to refuse to bargain collectively with the representative prior to the expiration of the agreement for the purpose of negotiating a new or renewed collective bargaining agreement. ``(2) An employer that refuses to bargain collectively in accordance with paragraph (1) shall provide notice of the refusal to the representative of the bargaining unit on the date of such refusal. ``(3)(A) It shall be an unfair labor practice for an employer described in paragraph (1) to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph (B) that a majority of the employees in the unit for purposes of collective bargaining support the representative. ``(B) A representative reestablishes majority support under subparagraph (A), if, not more than 45 days after the date of the notice of refusal under paragraph (2), the representative, in accordance with section 9, files a petition with the Board and is selected for purposes of collective bargaining by secret ballot, in an election conducted by the Board, by the majority of the employees in the unit.''; and (B) in section 9(a) (29 U.S.C. 159(a))-- (i) by striking ``designated or selected for the purposes of collective bargaining'' and inserting ``for the purposes of collective bargaining selected by secret ballot in an election conducted by the Board,''; and (ii) by inserting before the period the following: ``: Provided further, That, for purposes of determining the majority of the employees in a secret ballot election in a unit, the term `majority' shall mean the majority of all the employees in the unit, and not the majority of employees voting in the election: Provided further, That, for any bargaining unit that is voluntarily recognized for the purposes of collective bargaining as of the date of enactment of the Employee Rights Act, the Board shall, not later than 120 days after such date of enactment, conduct a secret ballot election among the represented employees in the bargaining unit and, if a majority of the votes cast in such election reject the continuing representation by the labor organization, the labor organization shall cease representation of employees in the bargaining unit and any obligations to or on behalf of the labor organization in a collectively bargained contract then in effect shall terminate''. (3) Fair representation in elections.--Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended-- (A) in subsection (b), by inserting ``prior to an election'' after ``in each case''; and (B) in subsection (c)-- (i) in the flush matter following paragraph (1)(B)-- (I) by inserting ``of 14 days in advance'' after ``appropriate hearing upon due notice''; (II) by inserting ``, and a review of post-hearing appeals,'' after ``the record of such hearing''; and (III) by adding at the end the following: ``The employer shall provide the Board a list consisting only of employee names and home addresses of all eligible voters within 7 days following the Board's determination of the appropriate unit or following any agreement between the employer and the labor organization regarding the eligible voters. Any employee may elect to be excluded from such list by notifying the employer in writing.''; and (ii) by adding at the end the following: ``(6)(A) No election shall take place after the filing of any petition unless and until-- ``(i) a hearing is conducted before a qualified hearing officer in accordance with due process on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and ``(ii) the issues are resolved by a regional director, subject to appeal and review, or by the Board. ``(B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until-- ``(i) the Board has ruled on each pre-election issue not resolved before the election; and ``(ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election.''. (4) Penalties.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by inserting before ``And provided further'' the following: ``Provided further, That in a case the Board has found that any labor organization has interfered with, restrained, or coerced employees in the exercise of their rights under section 7 to form or join a labor organization or to refrain therefrom, including the filing of a decertification petition, the Board shall order the labor organization to be liable to the affected employees for wages lost and labor organization dues or fees collected unlawfully, if any, and an additional amount as liquidated damages: Provided further, That any labor organization found to have interfered with, restrained, or coerced an employee in connection with the filing of a decertification petition shall be prohibited from filing objections to an election held pursuant to such petition:''. (b) Amendments to the Labor-Management Reporting and Disclosure Act of 1959.-- (1) Definition.--Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking ``ballot, voting machine, or otherwise, but'' and inserting ``paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and''. (2) Rights of members.--Section 101(a)(1) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)(1)) is amended by adding at the end the following ``Every employee in a bargaining unit represented by a labor organization, regardless of membership status in the labor organization, shall have the same right as members to vote by secret ballot regarding whether to ratify a collective bargaining agreement with, or to engage in a strike or refusal to work of any kind against, their employer.''. (3) Right not to subsidize labor organization nonrepresentational activities.--Title I of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the following: ``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION NONREPRESENTATIONAL ACTIVITIES. ``No employee's labor organization dues, fees, assessments, or other contributions shall be used or contributed to any person, organization, or entity for any purpose not directly related to the labor organization's collective bargaining or contract administration functions on behalf of the represented unit employee unless the employee member, or nonmember required to make such payments as a condition of employment, authorizes such expenditure in writing, after a notice period of not less than 35 days. An initial authorization provided by an employee under the preceding sentence shall expire not later than 1 year after the date on which such authorization is signed by the employee. There shall be no automatic renewal of an authorization under this section.''. (4) Limitations.--Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended by adding at the end the following: ``(6) Limitation.--No strike shall commence without the consent of a majority of all represented unit employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization involved. In any case in which the employer involved has made an offer for a collective bargaining agreement, the represented unit employees involved shall be provided the opportunity for a secret ballot vote on such offer prior to any vote relating to the commencement of a strike. The cost of any such election shall be borne by the labor organization.''. (5) Reporting by labor organizations.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended-- (A) by inserting ``and the independently verified annual audit report of the labor organization's financial condition and operations'' after ``required to be contained in such report''; (B) by inserting ``and represented unit nonmembers'' after ``members''; (C) by inserting ``and represented unit nonmember'' after ``any member''; (D) by inserting ``or represented unit nonmember'' after ``to permit such member''; (E) by striking ``and'' after ``any books, records,''; and (F) by striking ``necessary to verify such report'' and inserting ``, and independently verified annual audit report of the labor organization's financial condition and operations necessary to verify such report required to be submitted under this title''. (6) Acts of violence.--Section 610 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is amended-- (A) by striking ``It shall'' and inserting ``(a) It shall''; and (B) by adding at the end the following: ``(b) It shall be unlawful for any person, through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any person for the purpose of obtaining from any person any right to represent employees or any compensation or other term or condition of employment. Any person who willfully violates this subsection shall be fined not more than $100,000 or imprisoned for not more than 10 years, or both. ``(c) The lawfulness of a labor organization's objectives shall not remove or exempt from the definition of extortion conduct by the labor organization or its agents that otherwise constitutes extortion as defined by section 1951(b)(2) of title 18, United States Code.''. SEC. 102. INTERFERENCE WITH COMMERCE BY THREATS OR VIOLENCE. Section 1951 of title 18, United States Code, is amended to read as follows: ``Sec. 1951. Interference with commerce by threats or violence ``(a) Prohibition.--Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. ``(b) Definitions.--For purposes of this section-- ``(1) the term `commerce' means any-- ``(A) commerce within the District of Columbia, or any territory or possession of the United States; ``(B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; ``(C) commerce between points within the same State through any place outside that State; and ``(D) other commerce over which the United States has jurisdiction; ``(2) the term `extortion' means the obtaining of property from any person, with the consent of that person, if that consent is induced-- ``(A) by actual or threatened use of force or violence, or fear thereof; ``(B) by wrongful use of fear not involving force or violence; or ``(C) under color of official right; ``(3) the term `labor dispute' has the same meaning as in section 2(9) of the National Labor Relations Act (29 U.S.C. 152(9)); and ``(4) the term `robbery' means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future-- ``(A) to his or her person or property, or property in his or her custody or possession; or ``(B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. ``(c) Exempted Conduct.-- ``(1) In general.--Subsection (a) does not apply to any conduct that-- ``(A) is incidental to otherwise peaceful picketing during the course of a labor dispute; ``(B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and ``(C) is not part of a pattern of violent conduct or of coordinated violent activity. ``(2) State and local jurisdiction.--Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. ``(d) Effect on Other Law.--Nothing in this section shall be construed-- ``(1) to repeal, amend, or otherwise affect-- ``(A) section 6 of the Clayton Act (15 U.S.C. 17); ``(B) section 20 of the Clayton Act (29 U.S.C. 52); ``(C) any provision of the Norris-LaGuardia Act (29 U.S.C. 101 et seq.); ``(D) any provision of the National Labor Relations Act (29 U.S.C. 151 et seq.); or ``(E) any provision of the Railway Labor Act (45 U.S.C. 151 et seq.); or ``(2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue-- ``(A) is also a violation of State or local law; or ``(B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective.''. SEC. 103. ADDITIONAL LABOR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (a) Religious Conscientious Exemption.--Section 19 of the National Labor Relations Act (29 U.S.C. 169) is amended-- (1) by striking ``Any employee'' and inserting ``(a) Any employee''; (2) by striking ``; except that'' and all that follows through ``chosen by the employee''; and (3) by adding at the end the following: ``(b)(1) Notwithstanding any other provision in this Act, a qualified employer shall not be required to comply with any provision in this Act that requires the employer to recognize, bargain with, or financially support any labor organization. ``(2) For purposes of this subsection-- ``(A) the term `qualified employer' means an employer-- ``(i) that has a board of directors, of which a majority of the individuals serving on such board are qualified individuals; ``(ii) that has a stock, of which the majority is owned or controlled by a qualified individual or qualified individuals; or ``(iii) whose management is controlled, in majority, by a qualified individual or qualified individuals; and ``(B) the term `qualified individual' means an individual who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to recognizing, bargaining with, or financially supporting labor organizations.''. (b) New Elections in Cases of Labor Organization Misconduct.-- Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as amended by section 101(a)(3)(B), is further amended by adding at the end the following: ``(7) In any case in which the Board determines that the results of an election under this subsection were influenced by the misconduct of a labor organization, including misconduct through interference, restraint, or coercion of an employee with respect to such election, the Board shall set aside the results of such election and order a new election with appropriate additional safeguards necessary to ensure a fair election process.''. (c) Rights of Employers Regarding Employer-Issued Technology.--The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended-- (1) by inserting after section 7 (29 U.S.C. 157) the following: ``SEC. 7A. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY. ``An employer shall have the right to determine how technology issued by the employer (including communication devices and systems) is used by employees and to prohibit employees from using any such technology for efforts to form, join, or assist a labor organization.''; and (2) in section 8 (29 U.S.C. 158), as amended by section 101(a)(2)(A), by adding at the end the following: ``(i) It shall be an unfair labor practice for an employee or a labor organization to interfere with the right of an employer under section 7A, including by violating or encouraging employees to violate a prohibition of an employer described in such section.''. (d) Rejecting Arbitrated First Collective Bargaining Agreements.-- Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended by adding at the end the following: ``(f) Notwithstanding any other provision of law, in the case of any collective bargaining agreement that was made through arbitration and that is the first such agreement between an employer and a labor organization, the employees covered by such agreement shall have the right to vote on the ratification of such agreement through a secret ballot election. In the case that such employees exercise such right and a majority of the employees vote against ratifying the agreement, the agreement shall be null and void.''. (e) Waiting Period After Failed Labor Organization Vote.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as amended by subsection (b), is further amended-- (1) in paragraph (3), by striking the first sentence; and (2) by adding at the end the following: ``(8)(A) Subject to subparagraph (B), no election shall be conducted pursuant to this subsection in any bargaining unit within which, in the preceding 2-year period, a valid election was held and a majority of the employees in such bargaining unit voted against representation. ``(B) An election may be held in a case described in subparagraph (A) during the period described in such subparagraph if the bargaining unit described in such subparagraph experiences turnover, expansion, or alteration by merger of unit represented employees exceeding 50 percent of the bargaining unit on the date on which the election resulting in a majority of the employees in the unit voting against representation occurred.''. (f) Collective or Class Actions.--Section 7 of the National Labor Relations Act (29 U.S.C. 157) is amended by adding at the end the following: ``Nothing in this section shall confer the right of an employee to support or engage in a class or collective action.''. TITLE II--EMPLOYEE BENEFITS AND ADVANCEMENT SEC. 201. PAYMENT OF HIGHER WAGES. Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Notwithstanding a labor organization's exclusive representation of employees in a unit, or the terms and conditions of any collective bargaining contract or agreement then in effect, nothing in either-- ``(A) paragraph (1) or (5) of section 8(a), or ``(B) a collective bargaining contract or agreement renewed or entered into after the date of enactment of the Employee Rights Act, shall prohibit an employer from paying an employee in the unit greater wages, pay, or other compensation for, or by reason of, his or her services as an employee of such employer, than provided for in such contract or agreement.''. SEC. 202. EMPLOYMENT RELATIONSHIPS. (a) Amendments to the Fair Labor Standards Act of 1938 To Harmonize the Definition of Employee.-- (1) Definition of employee.--Section 3(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by inserting before the period the following: ``, as determined under the usual common law rules''. (2) Definition of employ.--Section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) is amended by inserting ``an employee'' after ``permit''. (b) Clarification of Joint Employment.-- (1) National labor relations act.--Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended-- (A) by striking ``The term `employer''' and inserting ``(A) The term `employer'''; and (B) by adding at the end the following: ``(B) An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees.''. (2) Fair labor standards act of 1938.--Section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is amended-- (A) by striking ```Employer' includes'' and inserting ``(1) `Employer' includes''; and (B) by adding at the end the following: ``(2) An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for purposes of determining joint-employer status under this Act, the terms `employee' and `employer' referenced in such section shall have the meanings given such terms in this section.''. (c) Benefits for Individuals Accessing Work Through a Digital Marketplace Company.-- (1) In general.--Notwithstanding any other provision of law, the fact that an individual accessing work through a digital marketplace company receives retirement or fringe benefits from such digital marketplace company shall not establish, or support the establishment of, an employee and employer relationship between the individual accessing work through a digital marketplace company and the digital marketplace company, respectively, under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.), or any other Federal law. (2) Definitions.--In this subsection: (A) Digital marketplace company.--The term ``digital marketplace company'' means a business entity affecting commerce that-- (i)(I) maintains an online-enabled application or platform to facilitate the exchange of goods or services by users of the online-enabled application or platform; or (II) licenses access to an online-enabled application or platform to facilitate the exchange of goods or services; and (ii) does not require a licensee using the online-enabled application or platform to generate business to accept any specific job request as a condition of maintaining access to the entity's online-enabled application or platform. (B) Individual accessing work through a digital marketplace company.--The term ``individual accessing work through a digital marketplace company'' means an individual who-- (i) is provided with the option to accept or reject job requests through an online- enabled application or platform maintained by a digital marketplace company; and (ii) provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee. (d) Provision of Technical Assistance.--Notwithstanding any other provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.), or any other Federal law, none of the following may be construed, alone or in combination with any other factor, as establishing an employer and employee relationship between a franchisor (or any employee of the franchisor) and a franchisee (or any employee of the franchisee): (1) The franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with, or requires such franchisee (or any employee of the franchisee) to use, a handbook, or other training, on sexual harassment, human trafficking, workplace violence, discrimination, or opportunities for apprenticeships or scholarships. (2) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, child care, or paid leave, including a requirement for such franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. (e) Protection of Employer Rights.-- (1) Purposes.--The purposes of this subsection are-- (A) to preserve the balance of rights between employers, employees, and labor organizations; and (B) to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business. (2) Clarification of employer rights regarding hiring.-- Section 8 of the National Labor Relations Act (29 U.S.C. 158), as amended by section 103(c)(2), is further amended by adding at the end the following: ``(j) Nothing in subsection (a) shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or membership in a labor organization.''. SEC. 203. PREVENTING FEDERAL ACTIONS THAT CAUSE JOB LOSSES. (a) Definitions.--In this section: (1) Agency; rule.--The terms ``agency'' and ``rule'' have the meanings given those terms in section 551 of title 5, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Employer.--The term ``employer'' has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101). (4) Mass layoff; plant closing.--The terms ``mass layoff'' and ``plant closing'' have the meanings given those terms in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101), except that those terms do not include a mass layoff or plant closing described in section 4 of that Act (29 U.S.C. 2103). (5) Rescission resolution.--The term ``rescission resolution'' means a joint resolution-- (A) relating to an Executive order for which the Director has submitted notice to Congress under subsection (d)(2) that the Executive order is likely to result in an employer ordering a plant closing or mass layoff; (B) which does not have a preamble; (C) the title of which is as follows: ``Joint resolution relating to nullifying the Executive order relating to ___.'', the blank space being filled in with the title of the Executive order; and (D) the matter after the resolving clause of which is as follows: ``That-- ``(1) effective as if enacted on the date on which the Executive order was issued, the provisions of Executive Order ____, entitled `______' are rescinded and shall have no force or effect; and ``(2) none of the funds appropriated or otherwise made available by any Act may be used to implement, administer, or otherwise carry out the Executive order described in paragraph (1), or any successor Executive order or regulation.'', the blank spaces being filled in with the number and title, respectively, of the Executive order. (6) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Review Process of Agency Rules.-- (1) In general.--The head of an agency shall include in each report relating to a rule submitted to each House of Congress and the Comptroller General of the United States under section 801(a)(1)(A) of title 5, United States Code, a regulatory impact statement that includes-- (A) a determination of whether the rule is likely to result in an employer ordering-- (i) a plant closing; or (ii) a mass layoff; and (B) if the head of the agency makes a positive determination under subparagraph (A), a list of each State in which an employer is likely to order a plant closing or mass layoff as a result of the rule. (2) Considerations.--In making a determination on a rule under paragraph (1)(A), the head of an agency shall consider comments received from the public. (3) Notification.--Not later than the date on which the head of an agency issues a rule for which the head of the agency makes a positive determination under paragraph (1)(A), the head of the agency shall notify-- (A) the Governor of any State included in a list described in paragraph (1)(B) of the likelihood of an employer ordering a plant closing or mass layoff in that State as a result of the rule; and (B) any employees likely to be impacted by an employer ordering a plant closing or mass layoff that may occur as a result of the rule. (c) Time Limit for Congressional Review Inapplicable.--With respect to a rule for which the head of an agency makes a positive determination under subsection (b)(1)(A), the period during which a joint resolution described in section 802(a) of title 5, United States Code, relating to the rule may be introduced shall be unlimited. (d) Review Process of Executive Orders.-- (1) In general.--Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing. (2) Notification.--Not later than 15 days after the date on which the President issues an Executive order for which the Director makes a positive determination under paragraph (1), the Director shall submit a notice to Congress and the Governor of any State in which an employer is likely to order a plant closing or mass layoff as a result of the Executive order, which shall contain the following message: ``In accordance with section 203 of the Employee Rights Act, I am notifying you that the President has issued Executive Order Number ___, which I have determined would likely result in an employer ordering a plant closing or mass layoff at _____.'', the blank spaces being filled in with the number of the Executive order and the address of the single site of employment at which an employer is likely to order a plant closing or mass layoff, respectively. (e) Nullification of Executive Actions.-- (1) In general.--It shall be in order, not later than 60 days (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress) after the date on which the Director notifies Congress of an Executive order that is likely to result in an employer ordering a plant closing or mass layoff under subsection (d)(2), to introduce a rescission resolution in the House of Representatives or the Senate with respect to the Executive order. (2) Congressional consideration of proposed rescission resolutions.-- (A) Procedure in house and senate.-- (i) Referral.--Any rescission resolution introduced under paragraph (1) shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (ii) Discharge of committee.-- (I) In general.--If the committee to which a rescission resolution with respect to an Executive order has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move to-- (aa) discharge the committee from further consideration of the rescission resolution; or (bb) discharge the committee from further consideration of any other rescission resolution with respect to the same Executive order, which has been referred to the committee. (II) Motion to discharge.--A motion to discharge may be made only by an individual favoring the rescission resolution and may be made only if supported by one-fifth of the Members of the House involved (a quorum being present). The motion is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a rescission resolution with respect to the same Executive order) and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the rescission resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (iii) Floor consideration in the house.-- (I) When the committee of the House of Representatives has reported, or has been discharged from further consideration of a rescission resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the rescission resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (II) Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to reconsider the vote by which a rescission resolution is agreed to or disagreed to. (III) Motions to postpone, made with respect to the consideration of a rescission resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (IV) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission resolution shall be decided without debate. (V) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other rescission resolutions and resolutions, amendments, and conference reports in similar circumstances. (iv) Floor consideration in the senate.-- (I) Debate in the Senate on any rescission resolution, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (II) Debate in the Senate on any amendment to a rescission resolution shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the rescission resolution. Debate on any amendment to an amendment to such a rescission resolution and debate on any debatable motion or appeal in connection with such a rescission resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the rescission resolution, except that in the event the manager of the rescission resolution is in favor in any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (III) A motion to further limit debate is not debatable. A motion to recommit a rescission resolution (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, excluding any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. (IV) The conference report on any rescission resolution shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to. (V) During Senate consideration of the conference report on any rescission resolution, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (VI) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided, between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. (VII) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received. (3) Continuity of session of congress.--For the purpose of this subsection, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die. TITLE III--STRUCTURAL REFORMS SEC. 301. TRIBAL SOVEREIGNTY. Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended-- (1) in paragraph (2), by inserting ``or any Indian tribe, or any enterprise or institution owned and operated by an Indian tribe and located on its Indian lands,'' after ``subdivision thereof,''; and (2) by adding at the end the following: ``(15) The term `Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(16) The term `Indian' means any individual who is a member of an Indian tribe. ``(17) The term `Indian lands' means-- ``(A) all lands within the limits of any Indian reservation; ``(B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or Indian or held by any Indian tribe or Indian subject to restriction by the United States against alienation; and ``(C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a Federally recognized Indian tribe.''. SEC. 302. LABOR ORGANIZATIONS REQUIRED TO FILE FORM T-1 TRUST ANNUAL REPORTS. Section 201 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431) is amended by adding at the end the following: ``(d) Form T-1 Annual Trust Report.-- ``(1) Definition of covered labor organization.--In this subsection, the term `covered labor organization' means a labor organization whose total annual receipts equal or exceed $250,000. ``(2) Conditions.--Each covered labor organization shall file an annual report containing the information described in paragraph (3) for each trust in which a labor organization is interested if the labor organization (alone or in combination with other labor organizations)-- ``(A) has, at any time during or prior to the reporting period, selected or appointed the majority of the governing board of the trust in office at any time during the reporting period; or ``(B) contributes more than 50 percent of the receipts of the trust during the reporting period. ``(3) Report.--A report required under paragraph (2) shall contain information pertaining to the financial operations of the labor organization and the trust, including any transactions or major receipts or disbursements by the trust during the reporting period.''. TITLE IV--ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS AND PROTECTIONS SEC. 401. NOTICE OF RIGHTS AND PROTECTIONS; VOTER REGISTRATION LISTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158), as amended by section 202(e), is further amended by adding at the end the following: ``(k)(1) The Board shall promulgate regulations requiring each employer to post and maintain, in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically, a notice setting forth the rights and protections afforded to employees under this Act, which shall include the right and process to rescind the authority of a labor organization under section 9(e), an explanation that any employee in a collective bargaining unit may be exempt from the activities of the labor organization, and that any fees collected by such labor organization may not be used for political activities, and with respect to a State or Territory in which membership in a labor organization may not be a condition of employment, an employee may opt out of any such fees, and with respect to a State or Territory in which such membership may be a condition of employment, such fees may only be used by the labor organization for collective bargaining and representational activities. ``(2) Whenever the Board directs an election under section 9(c) or approves an election agreement, the employer of employees in the bargaining unit shall, not later than two business days after the Board directs such election or approves such election agreement, provide a voter list to a labor organization that has petitioned to represent such employees. Such voter list shall include the names of all employees in the bargaining unit and not more than one additional form of personal contact information for the employee (such as a telephone number, an email address, or a mailing address) chosen by the employee in writing. The voter list shall be provided in a searchable electronic format generally approved by the Board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form. Not later than nine months after the date of enactment of the Employee Rights Act, the Board shall promulgate regulations implementing the requirements of this paragraph. ``(3) It shall be an unfair labor practice for an employer to violate any requirement under this subsection.''. SEC. 402. LABOR ORGANIZATION USE OF PERSONAL INFORMATION. Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (1) in paragraph (6), by striking ``; and'' and inserting a semicolon; (2) in paragraph (7), by striking ``8(b).'' and inserting ``8(b); and''; and (3) by adding at the end the following: ``(8) to fail to protect the personal information of an employee received for an organizing drive, to use such information for any reason other than a representation proceeding, or to use such information after the conclusion of a representation proceeding.''. SEC. 403. NOTICES FOR LABOR ORGANIZATION CARDS DECLARING PURPOSE AND DISCLOSURE OF DUES AND FEES. Section 8 of the National Labor Relations Act (29 U.S.C. 158), as amended by section 401, is further amended by adding at the end the following: ``(l)(1) Labor organization authorization cards shall be accompanied by a written notice-- ``(A) specifying that such cards will be used to certify the labor organization as the exclusive bargaining representative of the employee; and ``(B) clarifying the rights of the employee and the total monthly dues and fees charged by the labor organization. ``(2) A card shall not be considered valid without the written notice required under paragraph (1). ``(3) Failure by a labor organization to comply with paragraph (1) shall constitute an unfair labor practice.''. <all>

Employee Rights Act

To reform the labor laws of the United States, and for other purposes.

Employee Rights Act

Rep. Allen, Rick W.

R

GA

This bill makes various changes with respect to the collective bargaining process and labor relations. For example, the bill permits an employer to refuse to collectively bargain with a union within 90 days prior to the expiration of a collective bargaining agreement if the employer receives evidence that the majority of the employees in the bargaining unit do not support the union. The bill requires support from a majority of the employees in the bargaining unit (not just a majority of the employees voting) when electing union representation. The bill also requires unions to provide bargaining unit employees with the right to vote by secret ballot, including when voting whether to engage in a strike or refusal to work. Further, union dues, fees, assessments, and other contributions may be used for only collective bargaining or contract administrative functions. Additionally, the bill establishes a process for nullifying executive orders that the Office of Management and Budget determines are likely to result in an employer ordering a plant closure or mass layoff.

To reform the labor laws of the United States, and for other purposes. SHORT TITLE. 1. Enhanced employee rights. Interference with commerce by threats or violence. Employment relationships. Notice of rights and protections; voter registration lists. Labor organization use of personal information. ``(3)(A) It shall be an unfair labor practice for an employer described in paragraph (1) to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph (B) that a majority of the employees in the unit for purposes of collective bargaining support the representative. is amended by adding at the end the following: ``SEC. The cost of any such election shall be borne by the labor organization.''. 101 et seq. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY. 201. (B) Individual accessing work through a digital marketplace company.--The term ``individual accessing work through a digital marketplace company'' means an individual who-- (i) is provided with the option to accept or reject job requests through an online- enabled application or platform maintained by a digital marketplace company; and (ii) provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee. 203. (c) Time Limit for Congressional Review Inapplicable.--With respect to a rule for which the head of an agency makes a positive determination under subsection (b)(1)(A), the period during which a joint resolution described in section 802(a) of title 5, United States Code, relating to the rule may be introduced shall be unlimited. (d) Review Process of Executive Orders.-- (1) In general.--Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (II) Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Section 2 of the National Labor Relations Act (29 U.S.C. ``(16) The term `Indian' means any individual who is a member of an Indian tribe. 158(b)) is amended-- (1) in paragraph (6), by striking ``; and'' and inserting a semicolon; (2) in paragraph (7), by striking ``8(b).'' SEC.

To reform the labor laws of the United States, and for other purposes. SHORT TITLE. 1. Enhanced employee rights. Interference with commerce by threats or violence. Employment relationships. Notice of rights and protections; voter registration lists. ``(3)(A) It shall be an unfair labor practice for an employer described in paragraph (1) to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph (B) that a majority of the employees in the unit for purposes of collective bargaining support the representative. is amended by adding at the end the following: ``SEC. The cost of any such election shall be borne by the labor organization.''. 101 et seq. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY. (d) Review Process of Executive Orders.-- (1) In general.--Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (II) Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Section 2 of the National Labor Relations Act (29 U.S.C. ``(16) The term `Indian' means any individual who is a member of an Indian tribe. 158(b)) is amended-- (1) in paragraph (6), by striking ``; and'' and inserting a semicolon; (2) in paragraph (7), by striking ``8(b).'' SEC.

To reform the labor laws of the United States, and for other purposes. SHORT TITLE. 1. Enhanced employee rights. Interference with commerce by threats or violence. Employment relationships. Labor organizations required to file Form T-1 Trust Annual Reports. Notice of rights and protections; voter registration lists. Labor organization use of personal information. ``(3)(A) It shall be an unfair labor practice for an employer described in paragraph (1) to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph (B) that a majority of the employees in the unit for purposes of collective bargaining support the representative. (b) Amendments to the Labor-Management Reporting and Disclosure Act of 1959.-- (1) Definition.--Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking ``ballot, voting machine, or otherwise, but'' and inserting ``paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and''. is amended by adding at the end the following: ``SEC. The cost of any such election shall be borne by the labor organization.''. 101 et seq. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY. 201. (B) Individual accessing work through a digital marketplace company.--The term ``individual accessing work through a digital marketplace company'' means an individual who-- (i) is provided with the option to accept or reject job requests through an online- enabled application or platform maintained by a digital marketplace company; and (ii) provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee. (d) Provision of Technical Assistance.--Notwithstanding any other provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C. (2) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, child care, or paid leave, including a requirement for such franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. 203. (c) Time Limit for Congressional Review Inapplicable.--With respect to a rule for which the head of an agency makes a positive determination under subsection (b)(1)(A), the period during which a joint resolution described in section 802(a) of title 5, United States Code, relating to the rule may be introduced shall be unlimited. (d) Review Process of Executive Orders.-- (1) In general.--Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing. (2) Congressional consideration of proposed rescission resolutions.-- (A) Procedure in house and senate.-- (i) Referral.--Any rescission resolution introduced under paragraph (1) shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (II) Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (3) Continuity of session of congress.--For the purpose of this subsection, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die. Section 2 of the National Labor Relations Act (29 U.S.C. ``(16) The term `Indian' means any individual who is a member of an Indian tribe. 158(b)) is amended-- (1) in paragraph (6), by striking ``; and'' and inserting a semicolon; (2) in paragraph (7), by striking ``8(b).'' SEC.

To reform the labor laws of the United States, and for other purposes. SHORT TITLE. TABLE OF CONTENTS. 1. Enhanced employee rights. Interference with commerce by threats or violence. Payment of higher wages. Employment relationships. Preventing Federal actions that cause job losses. Tribal sovereignty. Labor organizations required to file Form T-1 Trust Annual Reports. Notice of rights and protections; voter registration lists. Labor organization use of personal information. ``(3)(A) It shall be an unfair labor practice for an employer described in paragraph (1) to refuse to bargain collectively with the representative of the bargaining unit described in such paragraph for the purpose of negotiating a new or renewed collective bargaining agreement prior to the expiration of the agreement in effect between the representative and the employer if the representative reestablishes in accordance with subparagraph (B) that a majority of the employees in the unit for purposes of collective bargaining support the representative. ``(B) No election results shall be final and no labor organization shall be certified as the bargaining representative of the employees in an appropriate unit unless and until-- ``(i) the Board has ruled on each pre-election issue not resolved before the election; and ``(ii) the Board conducts a hearing in accordance with due process and resolves each issue pertaining to the conduct or results of the election.''. (b) Amendments to the Labor-Management Reporting and Disclosure Act of 1959.-- (1) Definition.--Section 3(k) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking ``ballot, voting machine, or otherwise, but'' and inserting ``paper ballot, voting machine, or electronic ballot cast in the privacy of a voting booth and''. is amended by adding at the end the following: ``SEC. The cost of any such election shall be borne by the labor organization.''. 102. 1951. 152(9)); and ``(4) the term `robbery' means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future-- ``(A) to his or her person or property, or property in his or her custody or possession; or ``(B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. 101 et seq. 103. 7A. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY. 201. 202. (B) Individual accessing work through a digital marketplace company.--The term ``individual accessing work through a digital marketplace company'' means an individual who-- (i) is provided with the option to accept or reject job requests through an online- enabled application or platform maintained by a digital marketplace company; and (ii) provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee. (d) Provision of Technical Assistance.--Notwithstanding any other provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C. (2) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, child care, or paid leave, including a requirement for such franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. 203. 2101). '', the blank spaces being filled in with the number and title, respectively, of the Executive order. (c) Time Limit for Congressional Review Inapplicable.--With respect to a rule for which the head of an agency makes a positive determination under subsection (b)(1)(A), the period during which a joint resolution described in section 802(a) of title 5, United States Code, relating to the rule may be introduced shall be unlimited. (d) Review Process of Executive Orders.-- (1) In general.--Not later than 7 days after the date on which the President issues an Executive order, the Director shall determine whether the Executive order is likely to result in an employer ordering a mass layoff or plant closing. (2) Congressional consideration of proposed rescission resolutions.-- (A) Procedure in house and senate.-- (i) Referral.--Any rescission resolution introduced under paragraph (1) shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (II) Debate on a rescission resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the rescission resolution or resolution. (III) Motions to postpone, made with respect to the consideration of a rescission resolution, and motions to proceed to the consideration of other business, shall be decided without debate. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (3) Continuity of session of congress.--For the purpose of this subsection, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die. 301. Section 2 of the National Labor Relations Act (29 U.S.C. ``(16) The term `Indian' means any individual who is a member of an Indian tribe. 302. 401. 158(b)) is amended-- (1) in paragraph (6), by striking ``; and'' and inserting a semicolon; (2) in paragraph (7), by striking ``8(b).'' SEC. 403.

H.R.4720

Taxation

Energy Sector Innovation Credit Act of 2021 This bill adds new tax credits for investment in qualified emerging technology energy property and for the production of electricity from emerging energy technology. The bill defines qualified emerging energy property as property that is constructed, reconstructed, erected, or acquired by the taxpayer and is (1) a facility for the production of electricity from emerging energy technology, (2) carbon capture equipment, or (3) energy storage technology. The bill also adds a new tax credit for the production of electricity from clean hydrogen. The bill defines clean hydrogen as hydrogen that is produced through a production method for which the rate of the greenhouse gas emission is greater than zero and not greater that 2,500g CO2-e per kilogram of hydrogen produced, or is equal to or less than zero.

To amend the Internal Revenue Code of 1986 to provide investment and production tax credits for emerging energy technologies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Sector Innovation Credit Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Promising energy resources with zero or very low market penetration often face significant incumbency disadvantages as they establish a foothold, including suboptimal resource location relative to existing grid infrastructure and the lack of economies of scale. (2) Energy sector innovation can confer numerous benefits to jobs and the economy, the environment and climate, and the general social welfare. (3) Energy sector innovation can come in numerous forms, not all of which are readily quantifiable, including-- (A) diversifying and increasing the Nation's energy generation portfolio and energy security, (B) improving the dispatchability and reliability of energy generation, and (C) improving energy efficiency, emissions reductions, or other markers of performance. SEC. 3. INVESTMENT CREDIT FOR EMERGING ENERGY TECHNOLOGY. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. EMERGING ENERGY TECHNOLOGY CREDIT. ``(a) Establishment of Credit.--For purposes of section 46, the emerging energy technology credit for any taxable year is an amount equal to the applicable percentage (as determined under subsection (c)) of the basis of any qualified emerging energy property placed in service by the taxpayer during such taxable year. ``(b) Qualified Emerging Energy Property.-- ``(1) In general.--The term `qualified emerging energy property' means property which is constructed, reconstructed, erected, or acquired by the taxpayer, and the original use of which commences with the taxpayer, which is-- ``(A) a qualified production facility (as defined in section 45U(d)), ``(B) carbon capture equipment, or ``(C) energy storage technology. ``(2) Carbon capture equipment.-- ``(A) In general.--For purposes of this section, the term `carbon capture equipment' means property which contains equipment that can separate and capture qualified carbon oxide (as defined in section 45Q(c)) and is placed in service at, and used in connection with, a facility-- ``(i) which satisfies the requirements under section 45Q(d)(2), and ``(ii) which is-- ``(I) an electric generating facility which-- ``(aa) was originally placed in service before such property, and ``(bb) is a point source of air pollutants, ``(II) a manufacturing or industrial facility-- ``(aa) which was originally placed in service before such property, ``(bb) which is a point source of air pollutants, and ``(cc) for which such property is primarily used to capture qualified carbon oxide (as defined in section 45Q(c)) which would otherwise be released into the atmosphere as a result of-- ``(AA) the production of ammonia, helium, or ethanol at such facility, or ``(BB) the processing of natural gas at such facility, or ``(III) a manufacturing or industrial facility described in subclause (II) for which item (cc) of such subclause does not apply. ``(B) Direct air capture.-- ``(i) In general.--For purposes of this section, the term `carbon capture equipment' shall include any direct air capture facility which can capture not less than 5,000 metric tons of qualified carbon oxide (as defined in section 45Q(c)) annually. ``(ii) Direct air capture facility.--The term `direct air capture facility' has the same meaning given such term under section 45Q(e)(1) (as in effect on the date of enactment of this section). ``(C) Rules regarding capture of carbon oxide.-- With respect to any qualified carbon oxide captured using property described in subparagraph (A) or (B), the taxpayer shall physically or contractually ensure the disposal, utilization, or use of such qualified carbon oxide in a manner consistent with the requirements under section 45Q. ``(3) Energy storage technology.--For purposes of this section, the term `energy storage technology' means stationary equipment which-- ``(A) is capable of absorbing energy, storing energy for a period of time, and dispatching the stored energy using batteries, compressed air, pumped hydropower, thermal energy storage, liquid air, regenerative fuel cells, flywheels, capacitors, superconducting magnets, stacked objects, or other technologies identified by the Secretary, in consultation with the Secretary of Energy, and ``(B) has a capacity of not less than 1 megawatt. ``(4) Application with other credits.-- ``(A) In general.--The term `qualified emerging energy property' shall not include any property for which, for the taxable year or any prior taxable year-- ``(i) electricity produced from such property is taken into account for purposes of the credit allowed under section 45, 45J, or 45U, ``(ii) qualified carbon oxide captured by such property is taken into account for purposes of the credit allowed under section 45Q, ``(iii) the basis of such property is taken into account for purposes of the credit allowed under section 48, 48A, 48B, or 48C, or ``(iv) hydrogen produced from such property is taken into account for purposes of the credit allowed under section 45V. ``(B) Denial of double benefit.--With respect to any section described in clause (i), (ii), (iii), or (iv) of subparagraph (A), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year. ``(C) Additional rule.--Subparagraphs (A)(ii) and (B) shall not apply for purposes of the credit allowed under this section or section 45Q with respect to any qualified carbon oxide captured using property described in subparagraph (A) or (B) of paragraph (2) if such carbon oxide is disposed of in a manner consistent with section 45Q(a)(3)(B). ``(c) Applicable Percentages.-- ``(1) Qualified production facilities.--In the case of any qualified production facility which satisfies the requirements for-- ``(A) a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent, ``(B) a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent, ``(C) a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and ``(D) a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent. ``(2) Carbon capture equipment.-- ``(A) In general.--With respect to carbon capture equipment, the applicable percentage shall be-- ``(i) in the case of tier 1 equipment, 40 percent, ``(ii) in the case of tier 2 equipment, 30 percent, ``(iii) in the case of tier 3 equipment, 20 percent, ``(iv) in the case of tier 4 equipment, 10 percent, and ``(v) in the case of any other such equipment, zero percent. ``(B) Equipment tiers.-- ``(i) In general.--For purposes of this paragraph-- ``(I) Tier 1 equipment.--The term `tier 1 equipment' means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent. ``(II) Tier 2 equipment.--The term `tier 2 equipment' has the same meaning given the term `tier 1 equipment' under subclause (I), except that `at least 0.75 percent but less than 1.5 percent' shall be substituted for `less than 0.75 percent'. ``(III) Tier 3 equipment.--The term `tier 3 equipment' has the same meaning given the term `tier 1 equipment' under subclause (I), except that `at least 1.5 percent but less than 2.25 percent' shall be substituted for `less than 0.75 percent'. ``(IV) Tier 4 equipment.--The term `tier 4 equipment' has the same meaning given the term `tier 1 equipment' under subclause (I), except that `at least 2.25 percent but less than 3 percent' shall be substituted for `less than 0.75 percent'. ``(ii) Market penetration level.--For purposes of this subparagraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(I) the amount (expressed as a percentage) equal to the quotient of-- ``(aa) the total amount (expressed in metric tons) of carbon oxide captured and disposed of, used, or utilized in a manner consistent with the requirements under section 45Q by carbon capture equipment within the United States during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration and the Environmental Protection Agency), divided by ``(bb) the total amount of greenhouse gas emissions in the United States (expressed in metric tons of CO2-e) during the most recent calendar year ending prior to the date of enactment of this section for which such data is available to the Administrator of the Environmental Protection Agency, or ``(II) the amount determined under this clause for the preceding calendar year. ``(C) Division of equipment for purposes of determining tier.--For purposes of determining the applicable tier for any carbon capture equipment under subparagraph (B), such subparagraph shall be applied separately (and the total amount of carbon oxide captured by such equipment shall be determined separately) with respect to-- ``(i) any such equipment described in subclause (I) of subsection (b)(2)(A)(ii), ``(ii) any such equipment described in subclause (II) of such subsection, ``(iii) any such equipment described in subclause (III) of such subsection, and ``(iv) any such equipment described in subparagraph (B) of subsection (b)(2). ``(D) Determination of tier.--For purposes of this paragraph, the determination as to whether any carbon capture equipment qualifies as a tier 1, 2, 3, or 4 equipment shall be made-- ``(i) during the year in which construction of such equipment begins (as determined under rules similar to the rules in section 45U(e)), and ``(ii) based on the determinations included in the report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year. ``(E) Reporting.--The Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for any carbon capture equipment (as determined separately for such equipment pursuant to subparagraph (C)). ``(3) Energy storage technology.-- ``(A) In general.--With respect to energy storage technology, the applicable percentage shall be-- ``(i) in the case of tier 1 technology, 40 percent, ``(ii) in the case of tier 2 technology, 30 percent, ``(iii) in the case of tier 3 technology, 20 percent, ``(iv) in the case of tier 4 technology, 10 percent, and ``(v) in the case of any other such technology, zero percent. ``(B) Technology tiers.-- ``(i) In general.--For purposes of this paragraph-- ``(I) Tier 1 technology.--The term `tier 1 technology' means any energy storage technology for which the market penetration level for the calendar year preceding the calendar year in which construction of such technology began is less than 0.75 percent. ``(II) Tier 2 technology.--The term `tier 2 technology' has the same meaning given the term `tier 1 technology' under subclause (I), except that `at least 0.75 percent but less than 1.5 percent' shall be substituted for `less than 0.75 percent'. ``(III) Tier 3 technology.--The term `tier 3 technology' has the same meaning given the term `tier 1 technology' under subclause (I), except that `at least 1.5 percent but less than 2.25 percent' shall be substituted for `less than 0.75 percent'. ``(IV) Tier 4 technology.--The term `tier 4 technology' has the same meaning given the term `tier 1 technology' under subclause (I), except that `at least 2.25 percent but less than 3 percent' shall be substituted for `less than 0.75 percent'. ``(ii) Market penetration level.--For purposes of this subparagraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(I) the amount (expressed as a percentage) equal to the quotient of-- ``(aa) the total nameplate capacity (expressed in megawatts) of energy storage technology in operation within the United States at the beginning of such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by ``(bb) the total domestic electricity production nameplate capacity (expressed in megawatts) at the close of such year, or ``(II) the amount determined under this clause for the preceding calendar year. ``(C) Division of technology for purposes of determining tier.-- ``(i) In general.--For purposes of determining the applicable tier for any energy storage technology under subparagraph (B), such subparagraph shall be applied separately (and the total capacity of such technology shall be determined separately) with respect to-- ``(I) any such technology which is lithium-ion based, ``(II) any such technology which uses pumped hydropower, ``(III) any such technology which-- ``(aa) is not described in subclause (I) or (II), and ``(bb) is classified as short-duration storage under clause (ii), and ``(IV) any such technology which-- ``(aa) is not described in subclause (I) or (II), and ``(bb) is classified as long-duration storage under clause (ii). ``(ii) Classification.--The Secretary of Energy (in consultation with the Secretary) shall issue such regulations or other guidance as the Secretary of Energy determines necessary or appropriate to define the terms `short- duration storage' and `long-duration storage' for purposes of classifying energy storage technology under clause (i). ``(D) Determination of tier.--For purposes of this paragraph, the determination as to whether any energy storage technology qualifies as a tier 1, 2, 3, or 4 technology shall be made-- ``(i) during the year in which construction of such technology begins (as determined under rules similar to the rules in section 45U(e)), and ``(ii) based on the determinations included in the report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year. ``(E) Reporting.--The Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for any energy storage technology (as determined separately for such technology pursuant to subparagraph (C)). ``(d) Special Rules.-- ``(1) Certain qualified progress expenditure rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(2) Transfer of credit.-- ``(A) In general.--If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this paragraph for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(B) Eligible project partner.-- ``(i) In general.--For purposes of this paragraph, the term `eligible project partner' means, with respect to any qualified emerging energy property, any person who-- ``(I) has an ownership interest in such property, ``(II) provided equipment for or services in the construction of such property, ``(III) provides electric transmission or distribution services for such property, ``(IV) purchases electricity from such property pursuant to a contract, or ``(V) provides financing for such property. ``(ii) Financing.--For purposes of clause (i)(V), any amount paid as consideration for a transfer described in subparagraph (A) shall not be treated as financing for qualified emerging energy property. ``(C) Deduction for payments in connection with transfer.--A deduction under part VI of subchapter B shall be allowed in an amount equal to the amount paid by the taxpayer as consideration for a transfer described in subparagraph (A). ``(D) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under subparagraph (A), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the electing taxpayer's taxable year with respect to which the credit was determined. ``(E) Limitations on election.-- ``(i) Time for election.--An election under this paragraph to transfer any portion of the credit allowed under subsection (a) shall be made not later than the due date for the return of tax for the electing taxpayer's taxable year with respect to which the credit was determined. ``(ii) No further transfers.--No election may be made under this paragraph by a taxpayer with respect to any portion of the credit allowed under subsection (a) which has been previously transferred to such taxpayer under this paragraph. ``(F) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this paragraph shall not be taken into account as a private business use. ``(G) Special rules for public property.-- ``(i) In general.--If, with respect to a credit under subsection (a) for any taxable year-- ``(I) a qualified public entity would be the taxpayer (but for this subparagraph), and ``(II) such entity elects the application of subparagraph (A) for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the qualified public entity, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(ii) Qualified public entity.--For purposes of this subparagraph, the term `qualified public entity' means-- ``(I) any State or local government, or a political subdivision thereof, or ``(II) an Indian tribal government. ``(H) Property used by certain tax-exempt organizations and governmental units.--In the case of a taxpayer making an election under this paragraph, the credit subject to such an election shall be determined notwithstanding-- ``(i) section 50(b)(3), and ``(ii) in the case of any entity described in section 50(b)(4)(A)(i), section 50(b)(4). ``(I) Additional election requirements.--The Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this paragraph, including-- ``(i) rules for determining which persons are eligible project partners with respect to any qualified emerging energy property, and ``(ii) requiring information to be included in an election under subparagraph (A) or imposing additional reporting requirements. ``(e) Regulations.--The Secretary (in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency) shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including rules for reporting-- ``(1) for purposes of paragraph (2)(B)(ii) of subsection (c), the amount of carbon oxide captured by carbon capture equipment, and ``(2) for purposes of paragraph (3)(B)(ii) of such subsection, the capacity of energy storage technology.''. (b) Special Rule for Proceeds of Transfers for Mutual or Cooperative Electric Companies.--Section 501(c)(12)(I) of such Code is amended by inserting ``or 48D(d)(2)'' after ``section 45J(e)(1)''. (c) Conforming Amendments.-- (1) Section 46 of such Code is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``, and'', and by adding at the end the following new paragraph: ``(7) the emerging energy technology credit.''. (2) Section 49(a)(1)(C) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) the basis of any qualified emerging energy property (as defined in section 48D(b)(1)).''. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: ``Sec. 48D. Emerging energy technology credit.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY. (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. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY. ``(a) General Rule.--For purposes of section 38, the emerging energy technology production credit determined under this section for any taxable year beginning in the credit period with respect to a qualified production facility of the taxpayer is an amount equal to the applicable percentage of the lesser of-- ``(1) the annual gross receipts of the taxpayer from the sale of electricity generated at the qualified production facility to an unrelated person (within the meaning of section 45(e)(4)) during such taxable year, or ``(2) the product of-- ``(A) 150 percent of the national average wholesale price of a kilowatt hour of electricity in the calendar year which began 2 years prior to the calendar year in which such taxable year begins, multiplied by ``(B) the number of kilowatt hours of electricity produced at the qualified production facility and sold to an unrelated person (within the meaning of section 45(e)(4)) during such taxable year. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage is-- ``(A) in the case of a tier 1 facility, 60 percent, ``(B) in the case of a tier 2 facility, 45 percent, ``(C) in the case of a tier 3 facility, 30 percent, ``(D) in the case of a tier 4 facility, 15 percent, and ``(E) in the case of any other facility, zero percent. ``(2) Facility tiers.-- ``(A) In general.--For purposes of this section-- ``(i) Tier 1 facility.--The term `tier 1 facility' means any qualified production facility which generates electricity from an individual energy production technology-- ``(I) described in subsection (d)(2)(A), and ``(II) for which the market penetration level for the calendar year preceding the calendar year in which construction of such facility began is less than 0.75 percent. ``(ii) Tier 2 facility.--The term `tier 2 facility' has the same meaning given the term `tier 1 facility' under clause (i), except that `at least 0.75 percent but less than 1.5 percent' shall be substituted for `less than 0.75 percent'. ``(iii) Tier 3 facility.--The term `tier 3 facility' has the same meaning given the term `tier 1 facility' under clause (i), except that `at least 1.5 percent but less than 2.25 percent' shall be substituted for `less than 0.75 percent'. ``(iv) Tier 4 facility.--The term `tier 4 facility' has the same meaning given the term `tier 1 facility' under clause (i), except that `at least 2.25 percent but less than 3 percent' shall be substituted for `less than 0.75 percent'. ``(B) Market penetration level.--For purposes of this paragraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(i) the amount (expressed as a percentage) equal to the quotient of-- ``(I) the sum of all electricity produced (expressed in terawatt hours) from the individual energy production technology by all qualified production facilities (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by ``(II) the total domestic power sector electricity production (expressed in terawatt hours) for such calendar year, or ``(ii) the amount determined under this subparagraph for the preceding calendar year. ``(C) Construction begins.--For purposes of this subsection and section 48D, the determination as to whether a facility qualifies as a tier 1, 2, 3, or 4 facility shall be-- ``(i) made during the calendar year in which construction of such facility begins, ``(ii) based on the determinations included in the report described in subparagraph (D)(i)(II) with respect to such calendar year, and ``(iii) contingent on the taxpayer maintaining a continuous program of construction or continuous efforts to advance towards completion of the facility. ``(D) Guidance and reports.-- ``(i) Reports.-- ``(I) Estimates.--During the month of December of the calendar year which includes the date of enactment of this section, and during the month of December of each subsequent year, the Secretary of Energy (in consultation with the Secretary) shall publish an annual report which contains estimates with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such calendar year. ``(II) Final report.--During the month of February of each calendar year beginning after the date of enactment of this section, the Secretary of Energy (in consultation with the Secretary) shall publish an annual report which provides the final determination with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during the preceding calendar year. ``(III) Previous years.--In the case of a facility which began construction during a calendar year preceding the calendar year which includes the date of enactment of this section, for purposes of determining whether such facility qualifies as a tier 1, 2, 3, or 4 facility under subparagraph (C), the Secretary of Energy (in consultation with the Secretary) shall include, as part of the first report described in subclause (II) which is published after the date of enactment of this section, the final determination with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such preceding calendar years as are determined by the Secretary to be relevant for purposes of the administration of this section. ``(ii) Classification of energy production technology.--The Secretary of Energy (in consultation with the Secretary) shall issue such regulations or other guidance (as well as any subsequent updates to such regulations or guidance) as the Secretary of Energy determines necessary or appropriate to ensure that any qualified production facility or technology used for the production of electricity is classified within a single energy production technology for purposes of subsection (d)(2). In the case of any technology used for the production of electricity which may be classified within 2 or more different categories of energy production technology under such subsection, the Secretary of Energy shall make the determination as to the correct category with respect to such technology as rapidly as possible, with such determinations to be included in any report described in clause (i). ``(iii) National average wholesale price.-- For purposes of determining the amount applicable under subsection (a)(2)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in clause (i) a determination with respect to the national average wholesale price of a kilowatt hour of electricity during such calendar year. ``(c) Credit Period.--For purposes of this section, the credit period with respect to any qualified production facility is the 10-year period beginning with the date the facility was originally placed in service. ``(d) Qualified Production Facility.-- ``(1) In general.--For purposes of this section, the term `qualified production facility' means any electric generating facility which-- ``(A) is located in the United States or a possession of the United States (as such terms are used in section 638), ``(B) generates electricity using energy production technology, ``(C) produces such electricity with an emissions rate less than 100g CO2-e per kWh, and ``(D) is placed in service after the date of enactment of this section. ``(2) Energy production technology.-- ``(A) In general.--For purposes of paragraph (1), each of the following shall be treated as an individual energy production technology: ``(i) Traditional nuclear fission. ``(ii) Light water reactor-based advanced nuclear fission. ``(iii) Non-light water reactor-based advanced nuclear fission. ``(iv) Nuclear fusion. ``(v) Concentrating solar thermal power. ``(vi) Silicon photovoltaic. ``(vii) Cadmium telluride and copper indium gallium selenide solar. ``(viii) Emerging photovoltaics. ``(ix) Enhanced geothermal. ``(x) Hydrothermal. ``(xi) Marine energy. ``(xii) Fixed bottom offshore wind. ``(xiii) Floating offshore wind. ``(xiv) Traditional onshore wind. ``(xv) New onshore wind. ``(xvi) Coal. ``(xvii) Natural gas. ``(xviii) Petroleum. ``(xix) Open-loop biomass. ``(xx) Closed-loop biomass. ``(xxi) Hydropower. ``(B) Additional specifications.-- ``(i) Nuclear fission.-- ``(I) Traditional nuclear fission.--For purposes of clause (i) of subparagraph (A), the term `traditional nuclear fission' means any nuclear fission which is not described in subclause (II) or (III). ``(II) Light water reactor-based advanced nuclear fission.--For purposes of clause (ii) of such subparagraph, the term `light water reactor-based advanced nuclear fission' shall include small modular light water reactors. ``(III) Non-light water reactor- based advanced nuclear fission.--For purposes of clause (iii) of such subparagraph, the term `non-light water reactor-based advanced nuclear fission' means any advanced nuclear fission which is not included under clause (ii) of such subparagraph. ``(ii) Nuclear fusion.--For purposes of clause (iv) of subparagraph (A), only nuclear fusion for which net power is produced from the fusion reaction shall be included. ``(iii) Emerging photovoltaics.--For purposes of clause (viii) of such subparagraph, the term `emerging photovoltaics' includes perovskite-based and perovskite-enhanced solar, quantum dots, organic photovoltaics, multi- junction tandem devices, and any photovoltaic solar technology not included under clause (vii) of such subparagraph. ``(iv) Marine energy.--For purposes of clause (xi) of such subparagraph, the term `marine energy' has the same meaning given such term under section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211). ``(v) Traditional onshore wind.--For purposes of clause (xiv) of subparagraph (A), the term `traditional onshore wind' means any energy production technology of a design which is the same as or substantially similar to wind technology that has achieved megawatt scale or larger deployment in the United States as of the date of enactment of this section. ``(vi) New onshore wind.--For purposes of clause (xv) of such subparagraph, the term `new onshore wind' means any energy production technology which is not included in clause (xiv) of such subparagraph. ``(vii) Open-loop biomass.--For purposes of clause (xix) of such subparagraph, the term `open-loop biomass' has the same meaning given such term under section 45(c)(3). ``(viii) Closed-loop biomass.--For purposes of clause (xx) of such subparagraph, the term `closed-loop biomass' has the same meaning given such term under section 45(c)(2). ``(3) Emissions rate.-- ``(A) Exclusions.--For purposes of paragraph (1)(C), the emissions rate shall not include-- ``(i) any emissions which are captured using carbon capture equipment, provided that any carbon oxide captured using such equipment is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q, or ``(ii) in the case of electricity generated from any fossil fuel, any upstream or fugitive emissions, such as emissions related to the extraction, transportation, storage of such fuel. ``(B) Lifecycle analysis.--For purposes of paragraph (1)(C), in the case of any facility which generates electricity through combustion of a non- fossil fuel, the emissions rate shall be determined based on a lifecycle analysis. ``(4) Application with other credits.-- ``(A) In general.--The term `qualified production facility' shall not include any facility for which, for the taxable year or any prior taxable year-- ``(i) electricity produced from such facility is taken into account for purposes of the credit allowed under section 45 or 45J, ``(ii) qualified carbon oxide captured by such facility is taken into account for purposes of the credit allowed under section 45Q, ``(iii) the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, or ``(iv) hydrogen produced from such facility is taken into account for purposes of the credit allowed under section 45V. ``(B) Denial of double benefit.--With respect to any section described in clause (i), (ii), (iii), or (iv) of subparagraph (A), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year. ``(5) CO2-e.--In this section, the term `CO2-e' means the quantity of a greenhouse gas that has a global warming potential equivalent to 1 metric ton of carbon dioxide, as determined under table A-1 of subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this section. ``(e) Determination of When Construction Begins; Continuous Program of Construction or Continuity of Effort.-- ``(1) In general.--For purposes of this section, construction of a facility begins when-- ``(A) physical work of a significant nature begins, or ``(B) during the year in which the taxpayer begins physical work, a facility has invested not less than-- ``(i) 2 percent of construction costs, or ``(ii) $50,000,000. ``(2) Work performed.--For purposes of paragraph (1), any work performed-- ``(A) by the taxpayer, or ``(B) for the taxpayer by other persons under a binding written contract which is entered into prior to the manufacture, construction, or production of the property for use by the taxpayer in the taxpayer's trade or business (or for the taxpayer's production of income), shall be taken into account in determining whether construction has begun. ``(3) Continuous program of construction.--For purposes of this section, the term `continuous program of construction' means continuing physical work of a significant nature, as determined by the Secretary based upon relevant facts and circumstances. ``(4) Continuous efforts.--For purposes of this section, the term `continuous efforts' means making continuous efforts towards completion of the facility, as determined by the Secretary based upon relevant facts and circumstances. ``(f) Transfer of Credit.--Rules similar to the rules of subsection (d)(2) of section 48D shall apply for purposes of this section. ``(g) Regulations.--Not later than 18 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 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 emerging energy technology production credit determined under section 45U(a).''. (c) Special Rule for Proceeds of Transfers for Mutual or Cooperative Electric Companies.--Section 501(c)(12)(I) of such Code, as amended by section 3(b), is amended by striking ``or 48D(d)(2)'' and inserting ``, 45U(f), or 48D(d)(2)''. (d) Clerical Amendment.--The table of sections for 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 item: ``Sec. 45U. Electricity produced from emerging energy technology.''. (e) Effective Date.--The amendments made by this section shall apply to electricity produced and sold in taxable years beginning after the date of the enactment of this Act. SEC. 5. CLEAN HYDROGEN PRODUCTION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4, is amended by adding at the end the following new section: ``SEC. 45V. CLEAN HYDROGEN PRODUCTION. ``(a) General Rule.-- ``(1) Amount of credit.--For purposes of section 38, the clean hydrogen production credit determined under this section for any taxable year beginning in the credit period with respect to a qualified hydrogen production facility of the taxpayer is an amount equal to the product of-- ``(A) the applicable percentage of an amount equal to 250 percent of the national average wholesale price of a kilogram of hydrogen in the calendar year which began 2 years prior to the calendar year in which such taxable year begins, and ``(B) subject to paragraph (2), the amount of clean hydrogen produced at the qualified hydrogen production facility during such taxable year. ``(2) Increase for zero-emissions hydrogen.--In the case of any clean hydrogen described in subsection (d)(1)(A)(ii), the amount determined under paragraph (1)(B) with respect to such clean hydrogen shall be equal to twice the amount otherwise determined under such paragraph. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a)(1)(A), the applicable percentage is-- ``(A) in the case of a tier 1 facility, 60 percent, ``(B) in the case of a tier 2 facility, 45 percent, ``(C) in the case of a tier 3 facility, 30 percent, ``(D) in the case of a tier 4 facility, 15 percent, and ``(E) in the case of any other facility, zero percent. ``(2) Facility tiers.-- ``(A) In general.--For purposes of this subsection-- ``(i) Tier 1 facility.--The term `tier 1 facility' means any qualified hydrogen production facility which produces clean hydrogen from a qualified production method for which the market penetration level for the calendar year preceding the calendar year in which construction or modification of such facility began is less than 0.75 percent. ``(ii) Tier 2 facility.--The term `tier 2 facility' has the same meaning given the term `tier 1 facility' under clause (i), except that `at least 0.75 percent but less than 1.5 percent' shall be substituted for `less than 0.75 percent'. ``(iii) Tier 3 facility.--The term `tier 3 facility' has the same meaning given the term `tier 1 facility' under clause (i), except that `at least 1.5 percent but less than 2.25 percent' shall be substituted for `less than 0.75 percent'. ``(iv) Tier 4 facility.--The term `tier 4 facility' has the same meaning given the term `tier 1 facility' under clause (i), except that `at least 2.25 percent but less than 3 percent' shall be substituted for `less than 0.75 percent'. ``(B) Market penetration level.--For purposes of this paragraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(i) the amount (expressed as a percentage) equal to the quotient of-- ``(I) subject to subsection (d)(1)(C), the total energy content (expressed in megawatt hours) of all clean hydrogen produced using the qualified production method by all qualified hydrogen production facilities (as defined in subsection (d)(2)(A), except that clause (iii) of such subsection shall not apply) during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by ``(II) the total domestic power sector electricity production (expressed in megawatt hours) for such calendar year, or ``(ii) the amount determined under this subparagraph for the preceding calendar year. ``(C) Division of production methods for purposes of determining tier.--For purposes of determining the applicable tier for any qualified production method under subparagraph (B), such subparagraph shall be applied separately with respect to-- ``(i) any such method described in subparagraph (A) of subsection (d)(3), and ``(ii) any such method described in subparagraph (B) of such subsection. ``(D) Construction begins.--For purposes of this subsection, the determination as to whether a facility qualifies as a tier 1, 2, 3, or 4 facility shall be-- ``(i) made during the year in which construction or modification of such facility begins, ``(ii) based on the determinations included in the report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year, and ``(iii) contingent on the taxpayer maintaining a continuous program of construction or continuous efforts to advance towards completion of the facility. ``(E) Reports.-- ``(i) In general.--The Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for each qualified production method which has been used to produce clean hydrogen by any qualified hydrogen production facility (as defined in subsection (d)(2)(A), except that clause (iii) of such subsection shall not apply). ``(ii) National average wholesale price.-- For purposes of determining the amount applicable under subsection (a)(1)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in section 45U(b)(2)(D)(i) a determination with respect to the national average wholesale price of a kilogram of hydrogen during such calendar year. ``(c) Credit Period.--For purposes of this section, the credit period with respect to any qualified hydrogen production facility is-- ``(1) in the case of a facility described in subclause (I) of subsection (d)(2)(A)(iii), the 10-year period beginning with the date the facility was originally placed in service, or ``(2) in the case of a facility described in subclause (II) of such subsection, the 10-year period beginning with the date that the property required to modify such facility is placed in service. ``(d) Definitions.--In this section-- ``(1) Clean hydrogen.-- ``(A) In general.--The term `clean hydrogen' means hydrogen which, as determined based on a lifecycle analysis, is produced through a qualified production method for which the rate of the greenhouse gas emissions-- ``(i) is greater than zero and not greater than 2,500g CO2-e (as defined in section 45U(d)(5)) per kilogram of hydrogen produced, or ``(ii) is equal to or less than zero. ``(B) Special rules.-- ``(i) Emissions from generation of electricity.--In the case of any hydrogen produced from a qualified production method described in paragraph (3)(A)-- ``(I) if such method uses electricity generated from a renewable energy resource (as defined in section 403 of the Renewable Energy Resources Act of 1980 (42 U.S.C. 7372)) or nuclear power, such hydrogen shall be deemed to be clean hydrogen described in subparagraph (A)(ii), or ``(II) if such method uses electricity generated from a source that emits greenhouse gases during production, any such emissions which are released into the atmosphere during such production shall be included for purposes of determining the rate of the greenhouse gas emissions under subparagraph (A). ``(ii) Non-electrolysis or use of fossil fuels.--In the case of any hydrogen produced-- ``(I) through the use of fossil fuels or through the use of electricity which is generated through combustion of a fossil fuel, or ``(II) using a method described in paragraph (3)(B), subparagraph (A) shall be applied with respect to such hydrogen on the basis of a lifecycle analysis. ``(iii) Exclusion of hydrogen emissions.-- For purposes of subparagraph (A), with respect to hydrogen produced through a qualified production method, any such hydrogen which is released into the atmosphere during such production shall not be included for purposes of determining the rate of the greenhouse gas emissions under such subparagraph. ``(iv) Carbon capture.--For purposes of determining the rate of the greenhouse gas emissions under subparagraph (A), such subparagraph shall not apply with respect to any qualified carbon oxide (as defined in section 45Q(c)) captured using carbon capture equipment if such carbon oxide is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q. ``(v) Upstream and downstream emissions.-- ``(I) In general.--In the case of hydrogen produced using a qualified production method described in clause (ii), for purposes of the application of subparagraph (A) based on a lifecycle analysis with respect to such method, such subparagraph shall not apply with respect to-- ``(aa) any upstream emissions, and ``(bb) any downstream emissions related to the compression, liquefaction, use, or transport of hydrogen subsequent to production. ``(II) High-temperature electrolysis.--For purposes of determining the rate of the greenhouse gas emissions under subparagraph (A) with respect to hydrogen produced using high-temperature electrolysis, such subparagraph shall apply with respect to any direct emissions resulting from the fuel source used to create heat to which clause (iv) does not apply. ``(III) Upstream emissions.--For purposes of this clause, the term `upstream emissions' means the quantity of greenhouse gases, expressed in metric tons of CO2-e, emitted to the atmosphere resulting from the extraction, processing, transportation, financing, or other preparation of hydrogen for use. ``(C) Energy content.--For purposes of subsection (b)(2)(B)(i)(I), the energy content of 1 kilogram of clean hydrogen shall be deemed to be equal to 33.6 kilowatt hours of energy. ``(2) Qualified hydrogen production facility.-- ``(A) In general.--The term `qualified hydrogen production facility' means any facility-- ``(i) which is located in the United States or a possession of the United States (as such terms are used in section 638), ``(ii) which produces clean hydrogen using a qualified production method, and ``(iii)(I) which is placed in service after the date of enactment of this section, or ``(II) which-- ``(aa) was originally placed in service before the date of enactment of this section and, prior to the modification described in item (bb), did not produce clean hydrogen, and ``(bb) after the date of enactment of this section, is modified to produce clean hydrogen, including-- ``(AA) modification of a facility which, prior to such modification, produced hydrogen which did not satisfy the requirements under paragraph (1)(A), or ``(BB) for purposes of paragraph (1)(B)(iv), installation of carbon capture equipment. ``(B) Application with other credits.-- ``(i) In general.--With respect to any taxable year, the term `qualified hydrogen production facility' shall not include-- ``(I) any facility which-- ``(aa) produces electricity-- ``(AA) which is taken into account for purposes of the credit allowed under section 45, 45J, or 45U for such taxable year or any previous taxable year, and ``(BB) which is used by such facility for the production of clean hydrogen, or ``(bb) for such taxable year or any previous taxable year, the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, ``(II) any facility which receives electricity-- ``(aa)(AA) from another facility for which a credit is allowed for such taxable year or any previous taxable year with respect to such electricity under section 45, 45J, or 45U, or ``(BB) from another facility or project for which, for such taxable year or any previous taxable year, the basis of any property which is part of such facility or project is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, and ``(bb) which is used by such facility for the production of clean hydrogen, or ``(III) any carbon capture equipment placed in service at a facility which is used to capture qualified carbon oxide which is taken into account in such taxable year or any previous taxable year for purposes of the credit allowed under section 45Q. ``(ii) Denial of double benefit.--With respect to any section described in clause (I), (II), or (III) of clause (i), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year. ``(3) Qualified production method.--The term `qualified production method' means-- ``(A) electrolysis, and ``(B) any method not described in subparagraph (A). ``(e) Transfer of Credit.-- ``(1) In general.--If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). ``(2) Eligible project partner.-- ``(A) In general.--For purposes of this subsection, the term `eligible project partner' means, with respect to any qualified hydrogen production facility, any person who-- ``(i) has an ownership interest in such facility, ``(ii) provided equipment for or services in the construction of such facility, ``(iii) provides electricity or feedstock for production of hydrogen at such facility, ``(iv) purchases hydrogen, or a direct product thereof, produced at such facility pursuant to a contract, or ``(v) provides financing for such facility. ``(B) Financing.--For purposes of subparagraph (A)(v), any amount paid as consideration for a transfer described in paragraph (1) shall not be treated as financing for a qualified hydrogen production facility. ``(C) Other rules.--Rules similar to the rules of subparagraphs (C) through (I) of section 48D(d)(2) shall apply for purposes of this subsection. ``(f) Determination of When Construction Begins; Continuous Program of Construction or Continuity of Effort.--Rules similar to the rules of section 45U(e) shall apply for purposes of this section. ``(g) Regulations.--Not later than 1 year after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986, as amended by section 4(b), 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 clean hydrogen production credit determined under section 45V(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4(d), is amended by adding at the end the following new item: ``Sec. 45V. Clean hydrogen production.''. (d) Effective Date.--The amendments made by this section shall apply to hydrogen produced in taxable years beginning after the date of the enactment of this Act. SEC. 6. REPORT ON ADDITIONAL ENERGY PRODUCTION TECHNOLOGY. (a) In General.--Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Energy (referred to in this section as the ``Secretary'') shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate which-- (1) identifies new and emerging energy production technologies which-- (A) have less than 2 percent market penetration level (as defined in subsection (b)(2)(B) of section 45U of the Internal Revenue Code of 1986 (as added by section 4 of this Act)); and (B) the Secretary recommends should be added to subsection (d)(2)(A) of such section as an individual energy production technology; (2) includes legislative language to carry out the recommendations described in paragraph (1)(B); and (3) considers petitions and comments submitted under subsection (b). (b) Report Process.-- (1) In general.--Not later than 24 months after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy during the 60-day period beginning on the date of such publication petitions for inclusion of any technology used for the production of electricity as an individual energy production technology under subsection (d)(2) of section 45U of the Internal Revenue Code of 1986 (as added by section 4 of this Act). (2) Content.--Each petition described in paragraph (1) shall include the following information: (A) The name and address of the petitioner. (B) A description of the technology used for the production of electricity. (C) A certification as to whether such technology satisfies the requirements under subsection (d)(1)(C) of section 45U of the Internal Revenue Code of 1986. (D) Such other information as the Secretary may require. (3) Procedures.--The Secretary shall prescribe and publish in the Federal Register and on a publicly available internet website of the Department of Energy procedures to be complied with by members of the public submitting petitions for inclusion under paragraph (1). (c) Review.-- (1) Publication and public availability.--As soon as practicable, the Secretary shall publish on a publicly available internet website of the Department of Energy the petitions for inclusions submitted under paragraph (1) of subsection (b) that contain the information required under paragraph (2) of such subsection. (2) Public comment.-- (A) In general.--The Secretary shall publish in the Federal Register and on a publicly available internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy comments on the petitions for inclusion published by the Department of Energy under paragraph (1). (B) Publication.--The Secretary shall publish a notice in the Federal Register directing members of the public to a publicly available internet website of the Department of Energy to view the comments of the members of the public received under subparagraph (A). (d) Sense of Congress.--It is the sense of Congress that, to incentivize innovation in energy generation technologies and to promote the reliability of and performance improvements in the United States energy sector, Congress should, not later than 90 days after the Secretary submits any report under subsection (a), consider a bill to add any technology used for the production of electricity which is included in such report to the list of individual energy production technologies under section 45U(d)(2) of the Internal Revenue Code of 1986. <all>

Energy Sector Innovation Credit Act of 2021

To amend the Internal Revenue Code of 1986 to provide investment and production tax credits for emerging energy technologies, and for other purposes.

Energy Sector Innovation Credit Act of 2021

Rep. Reed, Tom

R

NY

This bill adds new tax credits for investment in qualified emerging technology energy property and for the production of electricity from emerging energy technology. The bill defines qualified emerging energy property as property that is constructed, reconstructed, erected, or acquired by the taxpayer and is (1) a facility for the production of electricity from emerging energy technology, (2) carbon capture equipment, or (3) energy storage technology. The bill also adds a new tax credit for the production of electricity from clean hydrogen. The bill defines clean hydrogen as hydrogen that is produced through a production method for which the rate of the greenhouse gas emission is greater than zero and not greater that 2,500g CO2-e per kilogram of hydrogen produced, or is equal to or less than zero.

2. ``(c) Applicable Percentages.-- ``(1) Qualified production facilities.--In the case of any qualified production facility which satisfies the requirements for-- ``(A) a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent, ``(B) a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent, ``(C) a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and ``(D) a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent. ``(B) Equipment tiers.-- ``(i) In general.--For purposes of this paragraph-- ``(I) Tier 1 equipment.--The term `tier 1 equipment' means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent. 48D. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY. ``(ii) Light water reactor-based advanced nuclear fission. ``(xv) New onshore wind. ``(3) Emissions rate.-- ``(A) Exclusions.--For purposes of paragraph (1)(C), the emissions rate shall not include-- ``(i) any emissions which are captured using carbon capture equipment, provided that any carbon oxide captured using such equipment is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q, or ``(ii) in the case of electricity generated from any fossil fuel, any upstream or fugitive emissions, such as emissions related to the extraction, transportation, storage of such fuel. 5. CLEAN HYDROGEN PRODUCTION. ``(C) Division of production methods for purposes of determining tier.--For purposes of determining the applicable tier for any qualified production method under subparagraph (B), such subparagraph shall be applied separately with respect to-- ``(i) any such method described in subparagraph (A) of subsection (d)(3), and ``(ii) any such method described in subparagraph (B) of such subsection. ``(e) Transfer of Credit.-- ``(1) In general.--If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). SEC. (D) Such other information as the Secretary may require.

2. ``(c) Applicable Percentages.-- ``(1) Qualified production facilities.--In the case of any qualified production facility which satisfies the requirements for-- ``(A) a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent, ``(B) a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent, ``(C) a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and ``(D) a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent. ``(B) Equipment tiers.-- ``(i) In general.--For purposes of this paragraph-- ``(I) Tier 1 equipment.--The term `tier 1 equipment' means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent. 48D. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY. 5. CLEAN HYDROGEN PRODUCTION. ``(e) Transfer of Credit.-- ``(1) In general.--If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (D) Such other information as the Secretary may require.

2. ``(c) Applicable Percentages.-- ``(1) Qualified production facilities.--In the case of any qualified production facility which satisfies the requirements for-- ``(A) a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent, ``(B) a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent, ``(C) a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and ``(D) a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent. ``(B) Equipment tiers.-- ``(i) In general.--For purposes of this paragraph-- ``(I) Tier 1 equipment.--The term `tier 1 equipment' means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent. ``(IV) Tier 4 equipment.--The term `tier 4 equipment' has the same meaning given the term `tier 1 equipment' under subclause (I), except that `at least 2.25 percent but less than 3 percent' shall be substituted for `less than 0.75 percent'. ``(ii) Market penetration level.--For purposes of this subparagraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(I) the amount (expressed as a percentage) equal to the quotient of-- ``(aa) the total nameplate capacity (expressed in megawatts) of energy storage technology in operation within the United States at the beginning of such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by ``(bb) the total domestic electricity production nameplate capacity (expressed in megawatts) at the close of such year, or ``(II) the amount determined under this clause for the preceding calendar year. 48D. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY. ``(ii) Light water reactor-based advanced nuclear fission. ``(v) Concentrating solar thermal power. ``(xv) New onshore wind. ``(xvii) Natural gas. ``(xix) Open-loop biomass. ``(3) Emissions rate.-- ``(A) Exclusions.--For purposes of paragraph (1)(C), the emissions rate shall not include-- ``(i) any emissions which are captured using carbon capture equipment, provided that any carbon oxide captured using such equipment is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q, or ``(ii) in the case of electricity generated from any fossil fuel, any upstream or fugitive emissions, such as emissions related to the extraction, transportation, storage of such fuel. 5. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4, is amended by adding at the end the following new section: ``SEC. CLEAN HYDROGEN PRODUCTION. ``(C) Division of production methods for purposes of determining tier.--For purposes of determining the applicable tier for any qualified production method under subparagraph (B), such subparagraph shall be applied separately with respect to-- ``(i) any such method described in subparagraph (A) of subsection (d)(3), and ``(ii) any such method described in subparagraph (B) of such subsection. ``(e) Transfer of Credit.-- ``(1) In general.--If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). 45V. SEC. REPORT ON ADDITIONAL ENERGY PRODUCTION TECHNOLOGY. (D) Such other information as the Secretary may require. (2) Public comment.-- (A) In general.--The Secretary shall publish in the Federal Register and on a publicly available internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy comments on the petitions for inclusion published by the Department of Energy under paragraph (1).

2. ``(c) Applicable Percentages.-- ``(1) Qualified production facilities.--In the case of any qualified production facility which satisfies the requirements for-- ``(A) a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent, ``(B) a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent, ``(C) a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and ``(D) a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent. ``(B) Equipment tiers.-- ``(i) In general.--For purposes of this paragraph-- ``(I) Tier 1 equipment.--The term `tier 1 equipment' means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent. ``(IV) Tier 4 equipment.--The term `tier 4 equipment' has the same meaning given the term `tier 1 equipment' under subclause (I), except that `at least 2.25 percent but less than 3 percent' shall be substituted for `less than 0.75 percent'. ``(ii) Market penetration level.--For purposes of this subparagraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(I) the amount (expressed as a percentage) equal to the quotient of-- ``(aa) the total nameplate capacity (expressed in megawatts) of energy storage technology in operation within the United States at the beginning of such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by ``(bb) the total domestic electricity production nameplate capacity (expressed in megawatts) at the close of such year, or ``(II) the amount determined under this clause for the preceding calendar year. ``(F) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this paragraph shall not be taken into account as a private business use. 48D. (d) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY. ``(iii) National average wholesale price.-- For purposes of determining the amount applicable under subsection (a)(2)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in clause (i) a determination with respect to the national average wholesale price of a kilowatt hour of electricity during such calendar year. ``(c) Credit Period.--For purposes of this section, the credit period with respect to any qualified production facility is the 10-year period beginning with the date the facility was originally placed in service. ``(ii) Light water reactor-based advanced nuclear fission. ``(v) Concentrating solar thermal power. ``(vi) Silicon photovoltaic. ``(viii) Emerging photovoltaics. ``(xiv) Traditional onshore wind. ``(xv) New onshore wind. ``(xvii) Natural gas. ``(xix) Open-loop biomass. ``(xxi) Hydropower. ``(3) Emissions rate.-- ``(A) Exclusions.--For purposes of paragraph (1)(C), the emissions rate shall not include-- ``(i) any emissions which are captured using carbon capture equipment, provided that any carbon oxide captured using such equipment is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q, or ``(ii) in the case of electricity generated from any fossil fuel, any upstream or fugitive emissions, such as emissions related to the extraction, transportation, storage of such fuel. ``(e) Determination of When Construction Begins; Continuous Program of Construction or Continuity of Effort.-- ``(1) In general.--For purposes of this section, construction of a facility begins when-- ``(A) physical work of a significant nature begins, or ``(B) during the year in which the taxpayer begins physical work, a facility has invested not less than-- ``(i) 2 percent of construction costs, or ``(ii) $50,000,000. ``(g) Regulations.--Not later than 18 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. 5. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4, is amended by adding at the end the following new section: ``SEC. CLEAN HYDROGEN PRODUCTION. ``(C) Division of production methods for purposes of determining tier.--For purposes of determining the applicable tier for any qualified production method under subparagraph (B), such subparagraph shall be applied separately with respect to-- ``(i) any such method described in subparagraph (A) of subsection (d)(3), and ``(ii) any such method described in subparagraph (B) of such subsection. ``(e) Transfer of Credit.-- ``(1) In general.--If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). 45V. SEC. 6. REPORT ON ADDITIONAL ENERGY PRODUCTION TECHNOLOGY. (D) Such other information as the Secretary may require. (2) Public comment.-- (A) In general.--The Secretary shall publish in the Federal Register and on a publicly available internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy comments on the petitions for inclusion published by the Department of Energy under paragraph (1).

H.R.2418

Education

Student Loan Forgiveness for Frontline Health Workers Act This bill establishes temporary programs to provide federal and private student loan forgiveness to certain frontline health care workers. Frontline health care workers are those individuals who have made significant contributions to the medical response (e.g., patient care, medical research, or testing) to the COVID-19 (i.e., coronavirus disease 2019) national emergency. Specifically, the Department of Education (ED) must carry out a program to forgive the outstanding balance of principal and interest due on federal student loans for borrowers who are frontline health care workers. Additionally, the Department of the Treasury must carry out a program to repay in full the outstanding balance of principal and interest due on certain private student loans for borrowers who are frontline health care workers. ED and Treasury must coordinate to ensure that eligibility determinations are consistent across both programs and that frontline health care workers who are eligible for both programs may apply for loan forgiveness with a single application. Further, such programs must be available to frontline health care workers who were borrowers of eligible loans and who died as a result of COVID-19. The bill specifies the notification requirements related to the availability of these programs. ED, Treasury, and the Department of Health and Human Services must jointly establish an intergovernmental working group to assist with the administration of these programs, including the development of the application process. The bill also excludes discharged student loan debt under these programs from an individual's gross income.

To provide student loan forgiveness to health care workers who are on the front line in response to 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 ``Student Loan Forgiveness for Frontline Health Workers Act''. SEC. 2. FEDERAL STUDENT LOAN FORGIVENESS FOR FRONTLINE HEALTH CARE WORKERS. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall carry out a program in accordance with this Act to forgive the outstanding balance of interest and principal due on the applicable eligible Federal student loans of borrowers who are frontline health care workers. (b) Method of Loan Forgiveness.--In carrying out the loan forgiveness program required under subsection (a), as soon as practicable after the Secretary of Education has confirmed that an applicant is a frontline health care worker who is a borrower of an eligible Federal student loan, the Secretary of Education shall-- (1) through the holder of a loan, assume the obligation to repay the outstanding balance of interest and principal due on the applicable eligible Federal student loans of the borrower made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.); and (2) cancel the outstanding balance of interest and principal due on the applicable eligible Federal student loans of the borrower made under part D or part E of such title. (c) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize any refunding of any eligible Federal student loan repayment made before the date a borrower's loans are forgiven in accordance with this section. (d) Exclusion From Taxable Income.--The amount of a borrower's eligible Federal student loans forgiven under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. (e) Notice to Borrowers in Statements.--With each billing statement sent to a borrower during the two-year period beginning on the 15th day after the date of enactment of this Act, the Secretary of Education shall include, and shall require each holder of eligible Federal student loans to include, a notice informing the borrower of the availability of the Federal student loan forgiveness and private student loan repayment programs for frontline health care workers under this Act, including where to find information about how to qualify as a frontline health care worker, how to apply to such programs, and the application deadline for such programs. SEC. 3. PRIVATE STUDENT LOAN REPAYMENT FOR FRONTLINE HEALTH CARE WORKERS. (a) Repayment Required.--Notwithstanding any other provision of law, the Secretary of the Treasury shall carry out a program in accordance with this Act under which the Secretary shall repay in full the outstanding balance of principal and interest due on the applicable eligible private student loans of borrowers who are frontline health care workers. (b) Method of Loan Repayment.--In carrying out the program required under subsection (a), as soon as practicable after the Secretary of the Treasury has confirmed that an applicant is a frontline health care worker who is a borrower of an eligible private student loan, the Secretary of the Treasury shall pay to the private educational lender of each of the applicable eligible private student loans of the borrower an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of such applicable eligible private student loans, as calculated on the date of the repayment of such loans by the Secretary of the Treasury, in order to discharge the borrower from any remaining obligation to the private educational lender with respect to such applicable eligible private student loans. (c) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan made before the date a borrower's loans are paid by the Secretary of the Treasury in accordance with this section. (d) Exclusion From Taxable Income.--The amount of a borrower's eligible private student loans paid by the Secretary of the Treasury under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. (e) Notice to Borrowers in Statements.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following new paragraph: ``(12) Notice required along with billing statements.--With each billing statement sent to the borrower during the two-year period beginning on the 15th day after the date of enactment of the Student Loan Forgiveness for Frontline Health Workers Act, the private educational lender shall include a notice informing the borrower of the availability of the Federal student loan forgiveness and private student loan repayment programs for frontline health care workers under the Student Loan Forgiveness for Frontline Health Workers Act, including where to find information about how to qualify as a frontline health care worker, how to apply to such programs, and the application deadline for such programs.''. SEC. 4. COORDINATED PROGRAM REQUIREMENTS. The Secretaries concerned shall jointly develop the programs required under section 2 and section 3 of this Act, and shall coordinate and consult with one another in carrying out such programs to ensure that-- (1) determinations of eligibility are uniform and consistent across both programs; (2) frontline health care workers who are borrowers of both eligible Federal student loans and eligible private student loans may apply for both loan forgiveness under section 2 and loan repayment under section 3 with submission of only one application; (3) borrowers with outstanding eligible Federal student loans and borrowers with outstanding eligible private student loans are notified of the availability of both programs required under this Act; and (4) such programs are made available to frontline health care workers who were borrowers of eligible Federal student loans, eligible private student loans, or both, and who died as a result of the coronavirus, to relieve the families and estates of such deceased frontline health care workers of the burden of the student loans of the such workers. SEC. 5. NOTICE TO THE PUBLIC. Not later than 15 days after the date of enactment of this Act, the Secretaries concerned, in consultation with institutions of higher education and lenders and holders of Federal student loans and private education loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans, outstanding eligible private student loans, or both, are aware of the loan forgiveness and loan repayment programs authorized by this Act. Such information shall-- (1) be presented in a form that is widely available to the public, especially to borrowers with eligible Federal student loans, eligible private student loans, or both; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness or loan repayment (or both) under this Act, borrowers must submit an application to the Secretaries concerned, and must do so during the application period described in section 6. SEC. 6. APPLICATION AND DETERMINATION OF ELIGIBILITY. (a) Application Period.--An individual may apply for loan forgiveness under section 2, loan repayment under section 3, or both, by submitting an application to the Secretaries concerned during the period that begins on the date that is 60 days after the date of enactment of this Act and that ends on the date that is 2 years after the end of the qualifying period. (b) Determination of Eligibility.-- (1) Development of application.--Not later than 60 days after the date of enactment of this Act, the Secretaries concerned shall jointly, in consultation with the Secretary of Health and Human Services and the Intergovernmental Working Group (in accordance with section 7), develop one application for borrowers of both eligible Federal student loans and eligible private student loans to apply for loan forgiveness or loan repayment, or both, under this Act. (2) Application requirements.--The application required under paragraph (1) may only include such information as is necessary for the Secretaries concerned to make a determination of whether the applicant-- (A) is a frontline health care worker, without consideration of the period of time the applicant served as such a worker; and (B) is a borrower of an applicable eligible Federal student loan, an applicable eligible private student loan, or both. (3) Determination.--Not later than 30 days after the date on which the Secretaries concerned receive an application from an individual in accordance with this Act, the Secretaries concerned shall-- (A) confirm that such individual is a frontline health care worker who is a borrower of an applicable eligible Federal student loan, an applicable eligible private student loan, or both, then notify the individual of such confirmation, and grant the individual loan forgiveness or loan repayment, or both, in accordance with sections 2 and 3 of this Act; or (B) determine that such individual is not a frontline health care worker who is a borrower of an applicable eligible Federal student loan, an eligible private student loan, or both, then deny such application, and provide a notification to the individual that includes-- (i) that the application was denied; (ii) the reason for such denial; and (iii) if the application was denied because the Secretaries concerned determined that the applicant was not a frontline health care worker, an explanation that the individual may appeal the denial to the Intergovernmental Working Group within 30 days of the date of such denial, and information on how the applicant may submit such an appeal. (4) Treatment after successful appeal.--In the case that an individual appeals the denial of an application to the Intergovernmental Working Group in accordance with section 7, and the individual is determined by the Intergovernmental Working Group to be a frontline health care worker, the Secretaries concerned shall grant the individual loan forgiveness or loan repayment, or both, in accordance with sections 2 and 3 of this Act not later than 30 days after the Secretaries concerned are notified of the outcome of the appeal by the Intergovernmental Working Group. SEC. 7. INTERGOVERNMENTAL WORKING GROUP. (a) Establishment.--Not later than 30 days after the date of the enactment of this Act, the Secretaries concerned and the Secretary of Health and Human Services shall jointly establish an Intergovernmental Working Group to assist, in accordance with this section, with the administration of the programs required under this Act. (b) Membership.--The Intergovernmental Working Group shall have 9 members, of whom-- (1) five members shall be selected by the Secretary of Health and Human Services from employees of the Department of Health and Human Services who are knowledgeable concerning the education, training, employment, and medical practices of health care professionals and the health care workforce; (2) two members shall be selected by the Secretary of Education from employees of the Department of Education who are knowledgeable concerning eligible Federal student loans and the administration of such loans; and (3) two members shall be selected by the Secretary of the Treasury from employees of the Department of the Treasury who are knowledgeable concerning eligible private student loans, the administration of such loans, and private educational lenders. (c) Duties.--The Intergovernmental Working Group established under this section shall-- (1) develop a procedure or list of requirements to determine whether an individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(C); (2) determine what information an individual needs to provide for the Secretaries concerned to determine whether the individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(B); (3) not later than 15 days after the date on which the Council is established, report the information described in paragraphs (1) and (2) to the Secretaries concerned for inclusion in the application developed in accordance with section 6(b)(1); (4) not later than 60 days after the date on which the Council is established, develop a process by which-- (A) an applicant who is denied loan forgiveness or loan repayment (or both) under this Act by the Secretaries concerned because of a determination that the applicant is not a frontline health care worker may, within 30 days of the date of such denial, submit an appeal of such denial to the Intergovernmental Working Group; and (B) the Intergovernmental Working Group will review the appeal and make a determination with respect to whether the applicant is a frontline health care worker; and (5) upon the request for an appeal by an applicant described in paragraph (4), using the appeals process developed under such paragraph, determine within 30 days after submission of the appeal by the applicant, whether the applicant is a frontline health care worker, and notify the Secretaries concerned and the applicant of the outcome of such appeal within 15 days of such determination. SEC. 8. TERMINATION OF AUTHORITY. The authority of the Secretaries concerned to carry out the loan forgiveness program under section 2 and loan repayment program under section 3, and the authority of the Intergovernmental Working Group to carry out the activities authorized under section 7, shall cease on the date that is 180 days after the end date of the application period described in section 6(a). SEC. 9. DEFINITIONS. In this Act: (1) Frontline health care worker.--The term ``frontline health care worker'' means an individual who, in exchange for payment or as a volunteer, for any period during a qualifying emergency-- (A) is a-- (i) doctor, medical resident, medical intern, medical fellow, nurse, home health care worker, mental health professional, or other health care professional who is licensed, registered, or certified under Federal or State law to provide health care services and who provides COVID-related health care services; (ii) a student enrolled at an institution of higher education in a medical, nursing, or other relevant health care program of study who provides COVID-related health care services; (iii) a laboratory worker who conducts, evaluates, or analyzes coronavirus testing; (iv) a medical researcher who conducts research related to the prevention, treatment, or cure of the coronavirus; or (v) an emergency medical services worker who responds to health emergencies or transports patients to hospitals or other medical facilities; or (B) does not meet the requirements of any of the clauses under subparagraph (A), but is a health care professional who is licensed, registered, or certified under Federal or State law to provide health care and has made significant contributions to the medical response to the qualifying emergency. (2) Applicable loans.--For the purposes of this Act, the term ``applicable'', when used with respect to an eligible Federal student loan or an eligible private student loan, means-- (A) in the case of a frontline health care worker who has obtained a graduate education degree or certificate-- (i) any eligible Federal student loan for the graduate education of such worker (including a consolidation loan, to the extent that such consolidation loan was used to repay loans for graduate education); and (ii) any eligible private student loan for the graduate education of such worker; or (B) in the case of a frontline health care worker who has not obtained a graduate education degree or certificate-- (i) any eligible Federal student loan for the undergraduate education of such worker (including a consolidation loan, to the extent that such consolidation loan was used to repay loans for undergraduate education), provided that such loan was used for undergraduate education in a relevant health care program of study that is necessary for an individual to enter or advance within the specific health care-related occupation of the worker; and (ii) any eligible private student loan for the undergraduate education of such worker, provided that such loan was used for undergraduate education in a relevant health care program of study that is necessary for an individual to enter or advance within the specific health care-related occupation of the worker. (3) Coronavirus.--The term ``coronavirus'' has the meaning given the term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116-123). (4) COVID-related health care services.--The term ``COVID- related health care services'' means any health care services that relate to-- (A) the diagnosis, prevention, or treatment of the coronavirus, including through telehealth services; (B) the assessment or care of the health of a human being related to an actual or suspected case of the coronavirus, including through telehealth services; or (C) patient care in a setting where there is a reasonable expectation of risk of exposure to the coronavirus. (5) Eligible federal student loan.--The term ``eligible Federal student loan'' means any loan made, insured, or guaranteed under part B, part D, or part E of title IV of the Higher Education Act of 1965 before the date of enactment of this Act, including a consolidation loan under such title. (6) Eligible private student loan.--The term ``eligible private student loan'' means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that was expressly for the cost of attendance (as defined in section 472) at an institution of higher education participating in a loan program under part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), as of the date that the loan was disbursed, and that was made before the date of enactment of this Act. (7) Graduate education.--The term ``graduate education'' means a postbaccalaureate program of study at an institution of higher education that-- (A) leads to a master's degree; (B) leads to a doctoral degree; or (C) does not lead to a graduate degree, but awards or is necessary to obtain a professional certification or licensing credential that is required for employment. (8) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (9) Private educational lender.--The term ``private educational lender'' has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). (10) Qualifying emergency.--The term ``qualifying emergency'' means-- (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d); (B) an event related to the coronavirus for which-- (i) the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191); or (ii) the governor of a State or territory of the United States declared an emergency; or (C) a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.). (11) Secretaries concerned.--The term ``Secretaries concerned'' means-- (A) the Secretary of Education, with respect to eligible Federal student loans and borrowers of such loans; and (B) the Secretary of the Treasury, with respect to eligible private student loans and borrowers of such loans. (12) Undergraduate education.--The term ``undergraduate education'' means a postsecondary program of study at an institution of higher education that-- (A) leads to an associate's degree; (B) leads to a baccalaureate degree; or (C) does not lead to an associate's or baccalaureate degree, but awards or is necessary to obtain a certification or licensing credential that is required for employment. <all>

Student Loan Forgiveness for Frontline Health Workers Act

To provide student loan forgiveness to health care workers who are on the front line in response to COVID-19.

Student Loan Forgiveness for Frontline Health Workers Act

Rep. Maloney, Carolyn B.

D

NY

This bill establishes temporary programs to provide federal and private student loan forgiveness to certain frontline health care workers. Frontline health care workers are those individuals who have made significant contributions to the medical response (e.g., patient care, medical research, or testing) to the COVID-19 (i.e., coronavirus disease 2019) national emergency. Specifically, the Department of Education (ED) must carry out a program to forgive the outstanding balance of principal and interest due on federal student loans for borrowers who are frontline health care workers. Additionally, the Department of the Treasury must carry out a program to repay in full the outstanding balance of principal and interest due on certain private student loans for borrowers who are frontline health care workers. ED and Treasury must coordinate to ensure that eligibility determinations are consistent across both programs and that frontline health care workers who are eligible for both programs may apply for loan forgiveness with a single application. Further, such programs must be available to frontline health care workers who were borrowers of eligible loans and who died as a result of COVID-19. The bill specifies the notification requirements related to the availability of these programs. ED, Treasury, and the Department of Health and Human Services must jointly establish an intergovernmental working group to assist with the administration of these programs, including the development of the application process. The bill also excludes discharged student loan debt under these programs from an individual's gross income.

2. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall carry out a program in accordance with this Act to forgive the outstanding balance of interest and principal due on the applicable eligible Federal student loans of borrowers who are frontline health care workers. 3. PRIVATE STUDENT LOAN REPAYMENT FOR FRONTLINE HEALTH CARE WORKERS. (e) Notice to Borrowers in Statements.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 4. COORDINATED PROGRAM REQUIREMENTS. 6. APPLICATION AND DETERMINATION OF ELIGIBILITY. 7. INTERGOVERNMENTAL WORKING GROUP. SEC. 9. ), as of the date that the loan was disbursed, and that was made before the date of enactment of this Act. (10) Qualifying emergency.--The term ``qualifying emergency'' means-- (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. (11) Secretaries concerned.--The term ``Secretaries concerned'' means-- (A) the Secretary of Education, with respect to eligible Federal student loans and borrowers of such loans; and (B) the Secretary of the Treasury, with respect to eligible private student loans and borrowers of such loans.

2. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall carry out a program in accordance with this Act to forgive the outstanding balance of interest and principal due on the applicable eligible Federal student loans of borrowers who are frontline health care workers. 3. PRIVATE STUDENT LOAN REPAYMENT FOR FRONTLINE HEALTH CARE WORKERS. (e) Notice to Borrowers in Statements.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 4. COORDINATED PROGRAM REQUIREMENTS. 6. APPLICATION AND DETERMINATION OF ELIGIBILITY. 7. INTERGOVERNMENTAL WORKING GROUP. SEC. 9. ), as of the date that the loan was disbursed, and that was made before the date of enactment of this Act. (10) Qualifying emergency.--The term ``qualifying emergency'' means-- (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. (11) Secretaries concerned.--The term ``Secretaries concerned'' means-- (A) the Secretary of Education, with respect to eligible Federal student loans and borrowers of such loans; and (B) the Secretary of the Treasury, with respect to eligible private student loans and borrowers of such loans.

SHORT TITLE. 2. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall carry out a program in accordance with this Act to forgive the outstanding balance of interest and principal due on the applicable eligible Federal student loans of borrowers who are frontline health care workers. 1071 et seq. 3. PRIVATE STUDENT LOAN REPAYMENT FOR FRONTLINE HEALTH CARE WORKERS. (e) Notice to Borrowers in Statements.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 4. COORDINATED PROGRAM REQUIREMENTS. 6. APPLICATION AND DETERMINATION OF ELIGIBILITY. (a) Application Period.--An individual may apply for loan forgiveness under section 2, loan repayment under section 3, or both, by submitting an application to the Secretaries concerned during the period that begins on the date that is 60 days after the date of enactment of this Act and that ends on the date that is 2 years after the end of the qualifying period. 7. INTERGOVERNMENTAL WORKING GROUP. (c) Duties.--The Intergovernmental Working Group established under this section shall-- (1) develop a procedure or list of requirements to determine whether an individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(C); (2) determine what information an individual needs to provide for the Secretaries concerned to determine whether the individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(B); (3) not later than 15 days after the date on which the Council is established, report the information described in paragraphs (1) and (2) to the Secretaries concerned for inclusion in the application developed in accordance with section 6(b)(1); (4) not later than 60 days after the date on which the Council is established, develop a process by which-- (A) an applicant who is denied loan forgiveness or loan repayment (or both) under this Act by the Secretaries concerned because of a determination that the applicant is not a frontline health care worker may, within 30 days of the date of such denial, submit an appeal of such denial to the Intergovernmental Working Group; and (B) the Intergovernmental Working Group will review the appeal and make a determination with respect to whether the applicant is a frontline health care worker; and (5) upon the request for an appeal by an applicant described in paragraph (4), using the appeals process developed under such paragraph, determine within 30 days after submission of the appeal by the applicant, whether the applicant is a frontline health care worker, and notify the Secretaries concerned and the applicant of the outcome of such appeal within 15 days of such determination. 8. TERMINATION OF AUTHORITY. SEC. 9. 1650(a)), that was expressly for the cost of attendance (as defined in section 472) at an institution of higher education participating in a loan program under part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. ), as of the date that the loan was disbursed, and that was made before the date of enactment of this Act. (7) Graduate education.--The term ``graduate education'' means a postbaccalaureate program of study at an institution of higher education that-- (A) leads to a master's degree; (B) leads to a doctoral degree; or (C) does not lead to a graduate degree, but awards or is necessary to obtain a professional certification or licensing credential that is required for employment. (9) Private educational lender.--The term ``private educational lender'' has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). (10) Qualifying emergency.--The term ``qualifying emergency'' means-- (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. (11) Secretaries concerned.--The term ``Secretaries concerned'' means-- (A) the Secretary of Education, with respect to eligible Federal student loans and borrowers of such loans; and (B) the Secretary of the Treasury, with respect to eligible private student loans and borrowers of such loans.

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) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall carry out a program in accordance with this Act to forgive the outstanding balance of interest and principal due on the applicable eligible Federal student loans of borrowers who are frontline health care workers. 1071 et seq. (d) Exclusion From Taxable Income.--The amount of a borrower's eligible Federal student loans forgiven under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. 3. PRIVATE STUDENT LOAN REPAYMENT FOR FRONTLINE HEALTH CARE WORKERS. (e) Notice to Borrowers in Statements.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 4. COORDINATED PROGRAM REQUIREMENTS. 6. APPLICATION AND DETERMINATION OF ELIGIBILITY. (a) Application Period.--An individual may apply for loan forgiveness under section 2, loan repayment under section 3, or both, by submitting an application to the Secretaries concerned during the period that begins on the date that is 60 days after the date of enactment of this Act and that ends on the date that is 2 years after the end of the qualifying period. 7. INTERGOVERNMENTAL WORKING GROUP. (c) Duties.--The Intergovernmental Working Group established under this section shall-- (1) develop a procedure or list of requirements to determine whether an individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(C); (2) determine what information an individual needs to provide for the Secretaries concerned to determine whether the individual has made significant contributions to the medical response to the qualifying emergency for purposes of determining whether the individual is a frontline health care worker as defined in section 9(1)(B); (3) not later than 15 days after the date on which the Council is established, report the information described in paragraphs (1) and (2) to the Secretaries concerned for inclusion in the application developed in accordance with section 6(b)(1); (4) not later than 60 days after the date on which the Council is established, develop a process by which-- (A) an applicant who is denied loan forgiveness or loan repayment (or both) under this Act by the Secretaries concerned because of a determination that the applicant is not a frontline health care worker may, within 30 days of the date of such denial, submit an appeal of such denial to the Intergovernmental Working Group; and (B) the Intergovernmental Working Group will review the appeal and make a determination with respect to whether the applicant is a frontline health care worker; and (5) upon the request for an appeal by an applicant described in paragraph (4), using the appeals process developed under such paragraph, determine within 30 days after submission of the appeal by the applicant, whether the applicant is a frontline health care worker, and notify the Secretaries concerned and the applicant of the outcome of such appeal within 15 days of such determination. 8. TERMINATION OF AUTHORITY. SEC. 9. 1650(a)), that was expressly for the cost of attendance (as defined in section 472) at an institution of higher education participating in a loan program under part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. ), as of the date that the loan was disbursed, and that was made before the date of enactment of this Act. (7) Graduate education.--The term ``graduate education'' means a postbaccalaureate program of study at an institution of higher education that-- (A) leads to a master's degree; (B) leads to a doctoral degree; or (C) does not lead to a graduate degree, but awards or is necessary to obtain a professional certification or licensing credential that is required for employment. (9) Private educational lender.--The term ``private educational lender'' has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). (10) Qualifying emergency.--The term ``qualifying emergency'' means-- (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. (11) Secretaries concerned.--The term ``Secretaries concerned'' means-- (A) the Secretary of Education, with respect to eligible Federal student loans and borrowers of such loans; and (B) the Secretary of the Treasury, with respect to eligible private student loans and borrowers of such loans.

S.4863

Commerce

Women's Business Centers Improvement Act of 2022 This bill reauthorizes the Women's Business Center Program through FY2026, raises the cap on individual center grants, establishes an accreditation program for grant recipients, and revises the duties of the Office of Women's Business Ownership. Specifically, the bill modifies the Women's Business Center Program to enable the Small Business Administration (SBA) to provide initial and continuation grants to eligible entities to operate women's business centers for the benefit of women-owned small businesses. The SBA must also publish standards for a program to accredit entities that receive grants from the Women's Business Center Program, and such entities' receipt of continuation grants shall be contingent upon their obtaining accreditation.

To amend the Small Business Act to improve the Women's Business Center 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 ``Women's Business Centers Improvement Act of 2022''. SEC. 2. AMENDMENTS TO WOMEN'S BUSINESS CENTER PROGRAM. Section 29 of the Small Business Act (15 U.S.C. 656) is amended to read as follows: ``SEC. 29. WOMEN'S BUSINESS CENTER PROGRAM. ``(a) Definitions.--In this section: ``(1) Assistant administrator.--The term `Assistant Administrator' means the Assistant Administrator of the Office of Women's Business Ownership established under subsection (j). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; ``(C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965, unless the institution is receiving a grant under section 21; ``(D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or ``(E) any combination of entities listed in subparagraphs (A) through (D). ``(3) Relevant organizations.--The term `relevant organizations' means-- ``(A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and ``(B) other organizations as the Administrator determines appropriate. ``(4) Resource partners.--The term `resource partners' means small business development centers, chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B), and Veteran Business Outreach Centers described in section 32. ``(5) Women's business center.--The term `women's business center' means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, government procurement opportunities, and any other matter that is needed to start, maintain, or expand a small business concern owned and controlled by women. ``(6) Women's business center organization.--The term `Women's Business Center Organization' means a membership organization formed by women's business centers to pursue matters of common concern. ``(b) Authority.-- ``(1) Establishment.--There is established a Women's Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women's business centers for the benefit of small business concerns owned and controlled by women. ``(2) Use of funds.--A women's business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide-- ``(A) financial assistance, including counseling and training on how to-- ``(i) apply for and secure business credit and investment capital; ``(ii) prepare and present financial statements; and ``(iii) manage cash flow and other financial operations of a small business concern; ``(B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; ``(C) marketing assistance, including counseling and training on how to-- ``(i) identify and segment domestic and international market opportunities; ``(ii) prepare and execute marketing plans; ``(iii) develop pricing strategies; ``(iv) locate contract opportunities; ``(v) negotiate contracts; and ``(vi) use various public relations and advertising techniques; and ``(D) other services, as needed, in order to meet the changing and evolving needs of the small business community. ``(3) Types of grants.-- ``(A) Initial grant.--The amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). ``(B) Continuation grants.-- ``(i) In general.--The Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). ``(ii) No limitation.--There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. ``(c) Application.-- ``(1) Initial grants and continuation grants.--To receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including-- ``(A) a certification that the eligible entity-- ``(i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women's business center for which a grant under subsection (b) is sought; and ``(ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; ``(B) information demonstrating the experience and effectiveness of the eligible entity in-- ``(i) providing entrepreneurial counseling and training described in subsection (b)(2); ``(ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and ``(iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and ``(C) a 5-year plan that-- ``(i) includes information relating to the assistance to be provided by each women's business center in the area in which each center is located; ``(ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women's business center; ``(iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and ``(iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. ``(2) Record retention.-- ``(A) In general.--The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. ``(B) Paperwork reduction.--The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). ``(d) Selection of Eligible Entities.-- ``(1) In general.--In selecting recipients of initial grants, the Administrator shall consider-- ``(A) the experience of the applicant in providing entrepreneurial counseling and training; ``(B) the amount of time needed for the applicant to commence operation of a women's business center; ``(C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; ``(D) the ability of the applicant to sustain operations, including the applicant's ability to obtain matching funds under subsection (e), for a 5-year period; ``(E) the proposed location of a women's business center to be operated by the applicant and the location's proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; ``(F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women's business center is to be located; and ``(G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women's Business Center Organization or another relevant organization in the preparation of the application. ``(2) Selection criteria.-- ``(A) Rulemaking.--The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. ``(B) Effect of regulations at time of application.--Unless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). ``(C) Rule of construction.--Nothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). ``(e) Matching Requirements.-- ``(1) In general.--Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources-- ``(A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and ``(B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. ``(2) Form of matching funds.--Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. ``(3) Solicitation.--Notwithstanding any other provision of law, an eligible entity may-- ``(A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women's business center; and ``(B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. ``(4) Disbursement of funds.--The Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). ``(5) Failure to obtain matching funds.-- ``(A) In general.--If an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. ``(B) Continuation grant.--Before approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. ``(6) Waiver of non-federal share.-- ``(A) In general.--Upon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. ``(B) Considerations.--In determining whether to issue a waiver under this paragraph, the Administrator shall consider-- ``(i) the economic conditions affecting the eligible entity; ``(ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and ``(iii) the performance of the eligible entity under the initial grant. ``(C) Limitation.--The Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women's Business Center Program. ``(7) Excess non-federal dollars.--The amount of non- Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non- Federal dollars-- ``(A) is not used as matching funds for purposes of implementing the Women's Business Center Program; and ``(B) was not obtained by using funds granted under the Women's Business Center Program. ``(8) Carryover.--An eligible entity may use excess non- Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. ``(f) Other Requirements.-- ``(1) Separation of funds.--An eligible entity shall-- ``(A) operate a women's business center under this section separately from other projects, if any, of the eligible entity; and ``(B) separately maintain and account for any grant funds received under this section. ``(2) Examination of eligible entities.-- ``(A) Required site visit.--Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. ``(B) Annual review.--An employee of the Administration shall-- ``(i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and ``(ii) provide the results of the examination to the eligible entity. ``(3) Remediation of problems.-- ``(A) Plan of action.--If an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. ``(B) Plan of action review by the assistant administrator.--Not later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan-- ``(i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or ``(ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. ``(C) Amendment to plan of action.--An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. ``(D) Amended plan review by the assistant administrator.--Not later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. ``(E) Appeal of assistant administrator determination.-- ``(i) In general.--If the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. ``(ii) Opportunity for explanation.--Any appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). ``(iii) Notice of determination.--The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. ``(iv) Effect of failure to act.--If the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. ``(4) Termination of grant.-- ``(A) In general.--The Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with-- ``(i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or ``(ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). ``(B) Appeal of termination.--An eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. ``(C) Final agency action.--A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. ``(5) Engagement with majority women's business center organization, women's business centers, and other relevant organizations.--If, on the date of enactment of the Women's Business Centers Improvement Act of 2022, a majority of women's business centers that are operating pursuant to agreements with the Administration are members of an individual Women's Business Center Organization, the Administrator shall-- ``(A) recognize the existence and activities of the Organization; and ``(B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to-- ``(i) announcing the annual scope of activities pursuant to this section; ``(ii) requesting proposals to deliver assistance as provided in this section; and ``(iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. ``(6) Enforcement.-- ``(A) Grants.--The Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women's business center that likely will not remain in compliance with program and financial requirements. ``(B) Individual cooperative agreements.--The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). ``(g) Program Examination.-- ``(1) In general.--The Administration shall-- ``(A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and ``(B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women's business center operated by the eligible entity. ``(2) Conditions for continued funding.--In determining whether to award a continuation grant to an eligible entity, the Administrator shall-- ``(A) consider the results of the most recent examination of the eligible entity under paragraph (1); ``(B) determine if-- ``(i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or ``(ii) the eligible entity has failed to provide any information required to be provided by a women's business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and ``(C) consider the accreditation status as described in subsection (j)(4). ``(h) Contract Authority.-- ``(1) Eligible entity.--An eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. ``(2) Administrator.-- ``(A) In general.--The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. ``(B) Adverse contract action.--After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(i) Privacy Requirements.-- ``(1) In general.--A women's business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless-- ``(A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women's business center, except that the disclosure shall be limited to the information necessary for the audit. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict the access of the Administration to women's business center data; or ``(B) prevent the Administration from using information about individuals who use women's business centers to conduct surveys of those individuals. ``(3) Regulations.--The Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). ``(j) Office of Women's Business Ownership.-- ``(1) Establishment.--There is established within the Administration an Office of Women's Business Ownership, which shall be-- ``(A) responsible for the administration of the Administration's programs for the development of women's business enterprises, as defined in section 408 of the Women's Business Ownership Act of 1988 (15 U.S.C. 7108); and ``(B) administered by an Assistant Administrator, who shall be appointed by the Administrator. ``(2) Assistant administrator of the office of women's business ownership.-- ``(A) Qualification.--The position of Assistant Administrator shall be-- ``(i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and ``(ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. ``(B) Duties.--The Assistant Administrator shall administer the programs and services of the Office of Women's Business Ownership and perform the following functions: ``(i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women's Business Center Program. ``(ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women's Business Center Program. ``(iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for- profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women's Business Ownership and those of other entities that provide similar services to women entrepreneurs. ``(iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women's business centers. ``(v) Serve as the vice chairperson of the Interagency Committee on Women's Business Enterprise and as the liaison for the National Women's Business Council. ``(3) Mission.--The mission of the Office of Women's Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by-- ``(A) fostering participation of women entrepreneurs in the economy by overseeing a network of women's business centers throughout States and territories; ``(B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and ``(C) working with other programs of the Administrator to-- ``(i) ensure women are well-represented in those programs and being served by those programs; and ``(ii) identify gaps where participation by women in those programs could be increased. ``(4) Accreditation program.-- ``(A) Establishment.--Not later than 270 days after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. ``(B) Public comment; transition.--Before publishing the standards under subparagraph (A), the Administrator-- ``(i) shall provide a period of not less than 60 days for public comment on the standards; and ``(ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. ``(C) Contracting authority.--The Administrator may provide financial support, by contract or otherwise, to a Women's Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. ``(5) Continuation grant considerations.-- ``(A) In general.--In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. ``(B) Accreditation requirement.--On and after the date that is 2 years after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to this subsection, except that the Assistant Administrator for the Office of Women's Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. ``(6) Annual conference.-- ``(A) In general.--Each women's business center shall participate in annual professional development at an annual conference facilitated by the Administrator. ``(B) Collaboration.--The Administrator shall collaborate with 1 or more Women's Business Center Organizations, women's business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). ``(k) Notification Requirements Under the Women's Business Center Program.--The Administrator shall provide the following: ``(1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. ``(2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. ``(3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. ``(l) Annual Management Report.-- ``(1) In general.--The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women's business centers operated through a grant awarded under this section. ``(2) Information for report.--Each women's business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). ``(3) Contents.--Each report submitted under paragraph (1) shall summarize-- ``(A) information concerning, with respect to each women's business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; ``(B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; ``(C) the total number of hours of counseling and training services provided through the Program; ``(D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; ``(E) the number of Program participants who are veterans; ``(F) the number of new businesses started by participants in the Program; ``(G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women's business centers; ``(H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; ``(I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; ``(J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; ``(K) the number of referrals of individuals to other resources and programs of the Administration; ``(L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and ``(M) any recommendations by the Administrator to improve the delivery of services by women's business centers. ``(m) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2023 through 2026. ``(2) Use of amounts.-- ``(A) In general.--Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2023, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. ``(B) Exceptions.--Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women's Business Centers Improvement Act of 2022 and each fiscal year thereafter through fiscal year 2026, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. ``(C) Accreditation and annual conference.--Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). ``(3) Expedited acquisition.--Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals.''. SEC. 3. EFFECT ON EXISTING GRANTS. (a) Terms and Conditions.--A nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a continuation of the grant under section 29(m)(5) of the Small Business Act (15 U.S.C. 656(m)(5)), as in effect on the day before the date of enactment of this Act. (b) Length of Continuation Grant.--The Administrator of the Small Business Administration may award a grant under section 29 of the Small Business Act (15 U.S.C. 656), as amended by this Act, to a nonprofit organization receiving a grant under section (m) of such section 29, as in effect on the day before the date of enactment of this Act, for the period-- (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act. SEC. 4. REGULATIONS. Not later than 270 days after the date of enactment of this Act, the Administrator of Small Business Administration shall issue rules as are necessary to carry out section 29 of the Small Business Act (15 U.S.C. 656), as amended by this Act, and ensure that a period of public comment for those rules is not less than 60 days. <all>

Women’s Business Centers Improvement Act of 2022

A bill to amend the Small Business Act to improve the Women's Business Center Program, and for other purposes.

Women’s Business Centers Improvement Act of 2022

Sen. Cardin, Benjamin L.

D

MD

This bill reauthorizes the Women's Business Center Program through FY2026, raises the cap on individual center grants, establishes an accreditation program for grant recipients, and revises the duties of the Office of Women's Business Ownership. Specifically, the bill modifies the Women's Business Center Program to enable the Small Business Administration (SBA) to provide initial and continuation grants to eligible entities to operate women's business centers for the benefit of women-owned small businesses. The SBA must also publish standards for a program to accredit entities that receive grants from the Women's Business Center Program, and such entities' receipt of continuation grants shall be contingent upon their obtaining accreditation.

2. 29. WOMEN'S BUSINESS CENTER PROGRAM. ``(3) Relevant organizations.--The term `relevant organizations' means-- ``(A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and ``(B) other organizations as the Administrator determines appropriate. ``(2) Use of funds.--A women's business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide-- ``(A) financial assistance, including counseling and training on how to-- ``(i) apply for and secure business credit and investment capital; ``(ii) prepare and present financial statements; and ``(iii) manage cash flow and other financial operations of a small business concern; ``(B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; ``(C) marketing assistance, including counseling and training on how to-- ``(i) identify and segment domestic and international market opportunities; ``(ii) prepare and execute marketing plans; ``(iii) develop pricing strategies; ``(iv) locate contract opportunities; ``(v) negotiate contracts; and ``(vi) use various public relations and advertising techniques; and ``(D) other services, as needed, in order to meet the changing and evolving needs of the small business community. ``(ii) No limitation.--There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. ``(e) Matching Requirements.-- ``(1) In general.--Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources-- ``(A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and ``(B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. ``(2) Examination of eligible entities.-- ``(A) Required site visit.--Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. ``(B) Annual review.--An employee of the Administration shall-- ``(i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and ``(ii) provide the results of the examination to the eligible entity. ``(C) Final agency action.--A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. 7108); and ``(B) administered by an Assistant Administrator, who shall be appointed by the Administrator. 3. 656(m)(5)), as in effect on the day before the date of enactment of this Act. SEC. 4. REGULATIONS.

2. 29. WOMEN'S BUSINESS CENTER PROGRAM. ``(3) Relevant organizations.--The term `relevant organizations' means-- ``(A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and ``(B) other organizations as the Administrator determines appropriate. ``(ii) No limitation.--There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. ``(e) Matching Requirements.-- ``(1) In general.--Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources-- ``(A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and ``(B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. ``(B) Annual review.--An employee of the Administration shall-- ``(i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and ``(ii) provide the results of the examination to the eligible entity. ``(C) Final agency action.--A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. 7108); and ``(B) administered by an Assistant Administrator, who shall be appointed by the Administrator. 3. 656(m)(5)), as in effect on the day before the date of enactment of this Act. 4. REGULATIONS.

2. 29. WOMEN'S BUSINESS CENTER PROGRAM. ``(3) Relevant organizations.--The term `relevant organizations' means-- ``(A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and ``(B) other organizations as the Administrator determines appropriate. ``(2) Use of funds.--A women's business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide-- ``(A) financial assistance, including counseling and training on how to-- ``(i) apply for and secure business credit and investment capital; ``(ii) prepare and present financial statements; and ``(iii) manage cash flow and other financial operations of a small business concern; ``(B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; ``(C) marketing assistance, including counseling and training on how to-- ``(i) identify and segment domestic and international market opportunities; ``(ii) prepare and execute marketing plans; ``(iii) develop pricing strategies; ``(iv) locate contract opportunities; ``(v) negotiate contracts; and ``(vi) use various public relations and advertising techniques; and ``(D) other services, as needed, in order to meet the changing and evolving needs of the small business community. ``(ii) No limitation.--There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. ``(B) Paperwork reduction.--The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). ``(2) Selection criteria.-- ``(A) Rulemaking.--The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. ``(e) Matching Requirements.-- ``(1) In general.--Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources-- ``(A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and ``(B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. ``(2) Form of matching funds.--Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. ``(2) Examination of eligible entities.-- ``(A) Required site visit.--Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. ``(B) Annual review.--An employee of the Administration shall-- ``(i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and ``(ii) provide the results of the examination to the eligible entity. ``(iii) Notice of determination.--The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. ``(C) Final agency action.--A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. ``(B) Individual cooperative agreements.--The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). 7108); and ``(B) administered by an Assistant Administrator, who shall be appointed by the Administrator. ``(2) Information for report.--Each women's business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). ``(C) Accreditation and annual conference.--Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). 3. 656(m)(5)), as in effect on the day before the date of enactment of this Act. SEC. 4. REGULATIONS. 656), as amended by this Act, and ensure that a period of public comment for those rules is not less than 60 days.

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 ``Women's Business Centers Improvement Act of 2022''. 2. 29. WOMEN'S BUSINESS CENTER PROGRAM. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; ``(C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965, unless the institution is receiving a grant under section 21; ``(D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or ``(E) any combination of entities listed in subparagraphs (A) through (D). ``(3) Relevant organizations.--The term `relevant organizations' means-- ``(A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and ``(B) other organizations as the Administrator determines appropriate. ``(2) Use of funds.--A women's business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide-- ``(A) financial assistance, including counseling and training on how to-- ``(i) apply for and secure business credit and investment capital; ``(ii) prepare and present financial statements; and ``(iii) manage cash flow and other financial operations of a small business concern; ``(B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; ``(C) marketing assistance, including counseling and training on how to-- ``(i) identify and segment domestic and international market opportunities; ``(ii) prepare and execute marketing plans; ``(iii) develop pricing strategies; ``(iv) locate contract opportunities; ``(v) negotiate contracts; and ``(vi) use various public relations and advertising techniques; and ``(D) other services, as needed, in order to meet the changing and evolving needs of the small business community. ``(ii) No limitation.--There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. ``(B) Paperwork reduction.--The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). ``(2) Selection criteria.-- ``(A) Rulemaking.--The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. ``(e) Matching Requirements.-- ``(1) In general.--Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources-- ``(A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and ``(B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. ``(2) Form of matching funds.--Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. ``(B) Considerations.--In determining whether to issue a waiver under this paragraph, the Administrator shall consider-- ``(i) the economic conditions affecting the eligible entity; ``(ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and ``(iii) the performance of the eligible entity under the initial grant. ``(2) Examination of eligible entities.-- ``(A) Required site visit.--Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. ``(B) Annual review.--An employee of the Administration shall-- ``(i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and ``(ii) provide the results of the examination to the eligible entity. ``(iii) Notice of determination.--The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. ``(C) Final agency action.--A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. ``(B) Individual cooperative agreements.--The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). 7108); and ``(B) administered by an Assistant Administrator, who shall be appointed by the Administrator. ``(2) Information for report.--Each women's business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). ``(C) Accreditation and annual conference.--Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). 3. 656(m)(5)), as in effect on the day before the date of enactment of this Act. SEC. 4. REGULATIONS. 656), as amended by this Act, and ensure that a period of public comment for those rules is not less than 60 days.

H.R.8049

Transportation and Public Works

American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022 This bill directs the Department of Transportation to establish an Aerospace Supply Chain Resiliency Task Force to identify and assess risks to the U.S. aerospace supply chain and identify best practices and make recommendations to mitigate such risks. The task force must convene for an initial meeting within 120 days after enactment of the bill and at least every 90 days thereafter. It must also report to Congress on the activities it carries out, including recommendations for regulatory, policy, or legislative action to improve government efforts to reduce barriers, mitigate risk, and bolster the resiliency of the U.S. aerospace supply chain. The task force shall terminate upon submission of the report to Congress.

To require the Secretary of Transportation to establish the Aerospace Supply Chain Resiliency Task Force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022''. SEC. 2. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish the Aerospace Supply Chain Resiliency Task Force (in this section referred to as the ``Task Force'') to-- (1) identify and assess risks to United States aerospace supply chains, including the availability of raw materials and critical manufactured goods, with respect to-- (A) major end items produced by the aerospace industry; and (B) the infrastructure of the National Airspace System; and (2) identify best practices and make recommendations to mitigate risks identified under paragraph (1) and support a robust United States aerospace supply chain. (b) Membership.-- (1) In general.--The Secretary shall appoint not more than 21 individuals to the Task Force. (2) Composition.--In appointing individuals to the Task Force, the Secretary shall appoint-- (A) At least 1 individual representing each of the following: (i) Manufacturers of aircraft. (ii) Manufacturers of avionics. (iii) Manufacturers of aircraft propulsion systems. (iv) Manufacturers of aircraft structures. (v) Manufacturers of communications, navigation, and surveillance equipment used for the provision of air traffic services. (vi) Commercial air carriers. (vii) General aviation operators. (viii) Rotorcraft operators. (ix) Unmanned aircraft system operators. (x) Aircraft maintenance providers. (xi) Aviation safety organizations. (B) At least 1 individual representing certified labor representatives of each of the following: (i) Aircraft mechanics. (ii) Aircraft engineers. (iii) Aircraft manufacturers. (iv) Airway transportation system specialists employed by the Federal Aviation Administration. (C) Individuals with expertise in logistics, economics, supply chain management, or another field or discipline related to the resilience of industrial supply chains. (c) Activities.--In carrying out the responsibilities of the Task Force described in subsection (a), the Task Force shall-- (1) engage with the aerospace industry to document trends in changes to production throughput and lead times of major end items produced by the aerospace industry; (2) determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services; (3) explore new solutions to resolve such supply chain issues identified under paragraph (2), including through the use of-- (A) existing aerospace infrastructure; and (B) aerospace infrastructure, manufacturing capabilities, and production capacities in small or rural communities; (4) evaluate the potential for the introduction and integration of advanced technology to-- (A) relieve such supply chain issues; and (B) fill such gaps; (5) utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this subsection; and (6) provide recommendations to address, manage, and relieve such supply chain issues. (d) Meetings.-- (1) In general.--Except as provided in paragraph (2), the Task Force shall convene at such times and places, and by such means, as the Secretary determines to be appropriate, which may include the use of remote conference technology. (2) Timing.--The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this Act and at least every 90 days thereafter. (e) Reports to Congress.-- (1) Report of task force.-- (A) In general.--Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to the appropriate committees of Congress a report on the activities of the Task Force. (B) Contents.--The report required under subparagraph (A) shall include-- (i) best practices and recommendations identified pursuant to subsection (a)(2); (ii) a detailed description of the findings of the Task Force pursuant to the activities required by subsection (c); and (iii) recommendations of the Task Force, if any, for regulatory, policy, or legislative action to improve Government efforts to reduce barriers, mitigate risk, and bolster the resiliency of United States aerospace supply chains. (2) Report of secretary.--Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1). (f) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (g) Sunset.--The Task Force shall terminate upon the submission of the report required by subsection (e)(1). (h) Definitions.--In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Commerce, Science, and Transportation of the Senate. (2) Major end item.--The term ``major end item'' means-- (A) an aircraft; (B) an aircraft engine or propulsion system; (C) communications, navigation, or surveillance equipment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Secretary. <all>

American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022

To require the Secretary of Transportation to establish the Aerospace Supply Chain Resiliency Task Force, and for other purposes.

American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022

Rep. Graves, Garret

R

LA

This bill directs the Department of Transportation to establish an Aerospace Supply Chain Resiliency Task Force to identify and assess risks to the U.S. aerospace supply chain and identify best practices and make recommendations to mitigate such risks. The task force must convene for an initial meeting within 120 days after enactment of the bill and at least every 90 days thereafter. It must also report to Congress on the activities it carries out, including recommendations for regulatory, policy, or legislative action to improve government efforts to reduce barriers, mitigate risk, and bolster the resiliency of the U.S. aerospace supply chain. The task force shall terminate upon submission of the report to Congress.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022''. SEC. 2. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE. (ii) Manufacturers of avionics. (vi) Commercial air carriers. (vii) General aviation operators. (viii) Rotorcraft operators. (x) Aircraft maintenance providers. (xi) Aviation safety organizations. (B) At least 1 individual representing certified labor representatives of each of the following: (i) Aircraft mechanics. (iii) Aircraft manufacturers. (iv) Airway transportation system specialists employed by the Federal Aviation Administration. (c) Activities.--In carrying out the responsibilities of the Task Force described in subsection (a), the Task Force shall-- (1) engage with the aerospace industry to document trends in changes to production throughput and lead times of major end items produced by the aerospace industry; (2) determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services; (3) explore new solutions to resolve such supply chain issues identified under paragraph (2), including through the use of-- (A) existing aerospace infrastructure; and (B) aerospace infrastructure, manufacturing capabilities, and production capacities in small or rural communities; (4) evaluate the potential for the introduction and integration of advanced technology to-- (A) relieve such supply chain issues; and (B) fill such gaps; (5) utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this subsection; and (6) provide recommendations to address, manage, and relieve such supply chain issues. (2) Timing.--The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this Act and at least every 90 days thereafter. (2) Report of secretary.--Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1). App.) (2) Major end item.--The term ``major end item'' means-- (A) an aircraft; (B) an aircraft engine or propulsion system; (C) communications, navigation, or surveillance equipment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Secretary.

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 ``American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022''. 2. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE. (ii) Manufacturers of avionics. (vii) General aviation operators. (B) At least 1 individual representing certified labor representatives of each of the following: (i) Aircraft mechanics. (iii) Aircraft manufacturers. (iv) Airway transportation system specialists employed by the Federal Aviation Administration. (2) Report of secretary.--Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1). (2) Major end item.--The term ``major end item'' means-- (A) an aircraft; (B) an aircraft engine or propulsion system; (C) communications, navigation, or surveillance equipment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Secretary.

To require the Secretary of Transportation to establish the Aerospace Supply Chain Resiliency Task Force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022''. SEC. 2. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE. (b) Membership.-- (1) In general.--The Secretary shall appoint not more than 21 individuals to the Task Force. (ii) Manufacturers of avionics. (vi) Commercial air carriers. (vii) General aviation operators. (viii) Rotorcraft operators. (ix) Unmanned aircraft system operators. (x) Aircraft maintenance providers. (xi) Aviation safety organizations. (B) At least 1 individual representing certified labor representatives of each of the following: (i) Aircraft mechanics. (ii) Aircraft engineers. (iii) Aircraft manufacturers. (iv) Airway transportation system specialists employed by the Federal Aviation Administration. (C) Individuals with expertise in logistics, economics, supply chain management, or another field or discipline related to the resilience of industrial supply chains. (c) Activities.--In carrying out the responsibilities of the Task Force described in subsection (a), the Task Force shall-- (1) engage with the aerospace industry to document trends in changes to production throughput and lead times of major end items produced by the aerospace industry; (2) determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services; (3) explore new solutions to resolve such supply chain issues identified under paragraph (2), including through the use of-- (A) existing aerospace infrastructure; and (B) aerospace infrastructure, manufacturing capabilities, and production capacities in small or rural communities; (4) evaluate the potential for the introduction and integration of advanced technology to-- (A) relieve such supply chain issues; and (B) fill such gaps; (5) utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this subsection; and (6) provide recommendations to address, manage, and relieve such supply chain issues. (d) Meetings.-- (1) In general.--Except as provided in paragraph (2), the Task Force shall convene at such times and places, and by such means, as the Secretary determines to be appropriate, which may include the use of remote conference technology. (2) Timing.--The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this Act and at least every 90 days thereafter. (B) Contents.--The report required under subparagraph (A) shall include-- (i) best practices and recommendations identified pursuant to subsection (a)(2); (ii) a detailed description of the findings of the Task Force pursuant to the activities required by subsection (c); and (iii) recommendations of the Task Force, if any, for regulatory, policy, or legislative action to improve Government efforts to reduce barriers, mitigate risk, and bolster the resiliency of United States aerospace supply chains. (2) Report of secretary.--Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1). (f) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) (g) Sunset.--The Task Force shall terminate upon the submission of the report required by subsection (e)(1). (2) Major end item.--The term ``major end item'' means-- (A) an aircraft; (B) an aircraft engine or propulsion system; (C) communications, navigation, or surveillance equipment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Secretary.

To require the Secretary of Transportation to establish the Aerospace Supply Chain Resiliency Task Force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022''. SEC. 2. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish the Aerospace Supply Chain Resiliency Task Force (in this section referred to as the ``Task Force'') to-- (1) identify and assess risks to United States aerospace supply chains, including the availability of raw materials and critical manufactured goods, with respect to-- (A) major end items produced by the aerospace industry; and (B) the infrastructure of the National Airspace System; and (2) identify best practices and make recommendations to mitigate risks identified under paragraph (1) and support a robust United States aerospace supply chain. (b) Membership.-- (1) In general.--The Secretary shall appoint not more than 21 individuals to the Task Force. (2) Composition.--In appointing individuals to the Task Force, the Secretary shall appoint-- (A) At least 1 individual representing each of the following: (i) Manufacturers of aircraft. (ii) Manufacturers of avionics. (iii) Manufacturers of aircraft propulsion systems. (iv) Manufacturers of aircraft structures. (v) Manufacturers of communications, navigation, and surveillance equipment used for the provision of air traffic services. (vi) Commercial air carriers. (vii) General aviation operators. (viii) Rotorcraft operators. (ix) Unmanned aircraft system operators. (x) Aircraft maintenance providers. (xi) Aviation safety organizations. (B) At least 1 individual representing certified labor representatives of each of the following: (i) Aircraft mechanics. (ii) Aircraft engineers. (iii) Aircraft manufacturers. (iv) Airway transportation system specialists employed by the Federal Aviation Administration. (C) Individuals with expertise in logistics, economics, supply chain management, or another field or discipline related to the resilience of industrial supply chains. (c) Activities.--In carrying out the responsibilities of the Task Force described in subsection (a), the Task Force shall-- (1) engage with the aerospace industry to document trends in changes to production throughput and lead times of major end items produced by the aerospace industry; (2) determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services; (3) explore new solutions to resolve such supply chain issues identified under paragraph (2), including through the use of-- (A) existing aerospace infrastructure; and (B) aerospace infrastructure, manufacturing capabilities, and production capacities in small or rural communities; (4) evaluate the potential for the introduction and integration of advanced technology to-- (A) relieve such supply chain issues; and (B) fill such gaps; (5) utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this subsection; and (6) provide recommendations to address, manage, and relieve such supply chain issues. (d) Meetings.-- (1) In general.--Except as provided in paragraph (2), the Task Force shall convene at such times and places, and by such means, as the Secretary determines to be appropriate, which may include the use of remote conference technology. (2) Timing.--The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this Act and at least every 90 days thereafter. (e) Reports to Congress.-- (1) Report of task force.-- (A) In general.--Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to the appropriate committees of Congress a report on the activities of the Task Force. (B) Contents.--The report required under subparagraph (A) shall include-- (i) best practices and recommendations identified pursuant to subsection (a)(2); (ii) a detailed description of the findings of the Task Force pursuant to the activities required by subsection (c); and (iii) recommendations of the Task Force, if any, for regulatory, policy, or legislative action to improve Government efforts to reduce barriers, mitigate risk, and bolster the resiliency of United States aerospace supply chains. (2) Report of secretary.--Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1). (f) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (g) Sunset.--The Task Force shall terminate upon the submission of the report required by subsection (e)(1). (h) Definitions.--In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Commerce, Science, and Transportation of the Senate. (2) Major end item.--The term ``major end item'' means-- (A) an aircraft; (B) an aircraft engine or propulsion system; (C) communications, navigation, or surveillance equipment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Secretary. <all>

H.R.5436

Health

Gun Suicide Prevention Act This bill prohibits manufacturers and retailers from selling firearms unless the firearm includes a label with the toll-free telephone number for the National Suicide Prevention Lifeline.

To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline. Be it enacted by the Senate 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 Suicide Prevention Act''. SEC. 2. LABELING REQUIREMENT. (a) Prohibition.--Notwithstanding the exclusion of firearms from the definition of consumer product in section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), it shall be unlawful for a manufacturer or retailer to sell or offer for sale any firearm that does not meet the requirements of subsection (b). (b) National Suicide Prevention Hotline Label.--A firearm meets the requirements of this subsection if a clear and conspicuous label is attached to the firearm or appears on any packaging of the firearm and on any descriptive material included with the firearm that-- (1) is written in both English and Spanish; (2) in English, reads ``IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT'' followed by the toll-free phone number of the National Suicide Prevention Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c), or any successor to such toll-free number; and (3) contains a yellow triangle containing an exclamation mark that appears immediately before the words ``IF YOU'' on the label. (c) Enforcement.--A violation of the prohibition in subsection (a) shall be treated as a violation of section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068). Any person who violates subsection (a) shall be subject to the penalties set forth in section 20 and 21 of such Act (15 U.S.C. 2069; 2070). (d) Retailer Defined.--In this section, the term ``retailer'' includes a dealer, as such term is definition in section 921(a) of title 18, United States Code. (e) Effective Date.--This Act shall take effect on the date that is two years after the date of enactment of this Act. <all>

Gun Suicide Prevention Act

To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline.

Gun Suicide Prevention Act

Rep. Brownley, Julia

D

CA

This bill prohibits manufacturers and retailers from selling firearms unless the firearm includes a label with the toll-free telephone number for the National Suicide Prevention Lifeline.

To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline. Be it enacted by the Senate 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 Suicide Prevention Act''. SEC. 2. LABELING REQUIREMENT. (a) Prohibition.--Notwithstanding the exclusion of firearms from the definition of consumer product in section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), it shall be unlawful for a manufacturer or retailer to sell or offer for sale any firearm that does not meet the requirements of subsection (b). (b) National Suicide Prevention Hotline Label.--A firearm meets the requirements of this subsection if a clear and conspicuous label is attached to the firearm or appears on any packaging of the firearm and on any descriptive material included with the firearm that-- (1) is written in both English and Spanish; (2) in English, reads ``IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT'' followed by the toll-free phone number of the National Suicide Prevention Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c), or any successor to such toll-free number; and (3) contains a yellow triangle containing an exclamation mark that appears immediately before the words ``IF YOU'' on the label. (c) Enforcement.--A violation of the prohibition in subsection (a) shall be treated as a violation of section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068). Any person who violates subsection (a) shall be subject to the penalties set forth in section 20 and 21 of such Act (15 U.S.C. 2069; 2070). (d) Retailer Defined.--In this section, the term ``retailer'' includes a dealer, as such term is definition in section 921(a) of title 18, United States Code. (e) Effective Date.--This Act shall take effect on the date that is two years after the date of enactment of this Act. <all>

To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline. Be it enacted by the Senate 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 Suicide Prevention Act''. SEC. 2. LABELING REQUIREMENT. (a) Prohibition.--Notwithstanding the exclusion of firearms from the definition of consumer product in section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), it shall be unlawful for a manufacturer or retailer to sell or offer for sale any firearm that does not meet the requirements of subsection (b). (b) National Suicide Prevention Hotline Label.--A firearm meets the requirements of this subsection if a clear and conspicuous label is attached to the firearm or appears on any packaging of the firearm and on any descriptive material included with the firearm that-- (1) is written in both English and Spanish; (2) in English, reads ``IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT'' followed by the toll-free phone number of the National Suicide Prevention Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c), or any successor to such toll-free number; and (3) contains a yellow triangle containing an exclamation mark that appears immediately before the words ``IF YOU'' on the label. (c) Enforcement.--A violation of the prohibition in subsection (a) shall be treated as a violation of section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068). Any person who violates subsection (a) shall be subject to the penalties set forth in section 20 and 21 of such Act (15 U.S.C. 2069; 2070). (d) Retailer Defined.--In this section, the term ``retailer'' includes a dealer, as such term is definition in section 921(a) of title 18, United States Code. (e) Effective Date.--This Act shall take effect on the date that is two years after the date of enactment of this Act. <all>

To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline. Be it enacted by the Senate 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 Suicide Prevention Act''. SEC. 2. LABELING REQUIREMENT. (a) Prohibition.--Notwithstanding the exclusion of firearms from the definition of consumer product in section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), it shall be unlawful for a manufacturer or retailer to sell or offer for sale any firearm that does not meet the requirements of subsection (b). (b) National Suicide Prevention Hotline Label.--A firearm meets the requirements of this subsection if a clear and conspicuous label is attached to the firearm or appears on any packaging of the firearm and on any descriptive material included with the firearm that-- (1) is written in both English and Spanish; (2) in English, reads ``IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT'' followed by the toll-free phone number of the National Suicide Prevention Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c), or any successor to such toll-free number; and (3) contains a yellow triangle containing an exclamation mark that appears immediately before the words ``IF YOU'' on the label. (c) Enforcement.--A violation of the prohibition in subsection (a) shall be treated as a violation of section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068). Any person who violates subsection (a) shall be subject to the penalties set forth in section 20 and 21 of such Act (15 U.S.C. 2069; 2070). (d) Retailer Defined.--In this section, the term ``retailer'' includes a dealer, as such term is definition in section 921(a) of title 18, United States Code. (e) Effective Date.--This Act shall take effect on the date that is two years after the date of enactment of this Act. <all>

To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline. Be it enacted by the Senate 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 Suicide Prevention Act''. SEC. 2. LABELING REQUIREMENT. (a) Prohibition.--Notwithstanding the exclusion of firearms from the definition of consumer product in section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), it shall be unlawful for a manufacturer or retailer to sell or offer for sale any firearm that does not meet the requirements of subsection (b). (b) National Suicide Prevention Hotline Label.--A firearm meets the requirements of this subsection if a clear and conspicuous label is attached to the firearm or appears on any packaging of the firearm and on any descriptive material included with the firearm that-- (1) is written in both English and Spanish; (2) in English, reads ``IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT'' followed by the toll-free phone number of the National Suicide Prevention Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c), or any successor to such toll-free number; and (3) contains a yellow triangle containing an exclamation mark that appears immediately before the words ``IF YOU'' on the label. (c) Enforcement.--A violation of the prohibition in subsection (a) shall be treated as a violation of section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068). Any person who violates subsection (a) shall be subject to the penalties set forth in section 20 and 21 of such Act (15 U.S.C. 2069; 2070). (d) Retailer Defined.--In this section, the term ``retailer'' includes a dealer, as such term is definition in section 921(a) of title 18, United States Code. (e) Effective Date.--This Act shall take effect on the date that is two years after the date of enactment of this Act. <all>

H.R.2023

Education

Reading Early and Addressing Dyslexia Act or the READ Act This bill directs the Department of Education (ED) to establish an early literacy and dyslexia intervention pilot program to award grants to five state educational agencies to address early reading deficiencies and dyslexia. Under the program, ED must identify (1) evidence-based methods of screening students in grades K-3 for early reading deficiencies and dyslexia; (2) intensive interventions for these students, including phonological awareness and phonemic awareness, sound symbol recognition, and decoding skills; and (3) best practices to instruct educators on the science of reading and how to execute screenings and intensive interventions for these students. Each participating state educational agency must select at least two local educational agencies (LEAs) to participate in the program. Participating LEAs must The bill also directs ED to establish an online platform to provide educational agencies with resources, such as methods of targeting instruction for early reading deficiencies and dyslexia.

To authorize a pilot program for dyslexia screening and early literacy intervention using evidence-based services for students suspected of having an early reading deficiency or dyslexia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reading Early and Addressing Dyslexia Act'' or the ``READ Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) More than 30,000,000 adults in the United States are not able to read or write above a third-grade level. (2) Of adults in the United States who live in poverty, nearly half have low levels of literacy. (3) Children whose parents have low levels of literacy are more than 70 percent more likely to also have low levels of literacy and are more likely to get poor grades, display behavioral problems, have high absentee rates, repeat school years, or drop out. (4) The 2019 National Assessment of Educational Progress 4th Grade Reading Level Assessment showed the national average reading score for 2019 was lower than 2017. (5) More than 70 percent of State prison inmates have low levels of literacy. (6) Low levels of literacy are connected to over $230,000,000,000 a year in health care costs in the United States. (7) Dyslexia is thought to be the most common neurocognitive disorder, affecting about 10 percent of children in school. (8) In 1997, Congress asked the Director of the National Institute of Child Health and Human Development at the National Institutes of Health, in consultation with the Secretary of Education, to convene a national panel, the National Reading Panel, to assess the status of research-based knowledge, including the effectiveness of various approaches to teaching children to read. The report, released in 2000, documented overwhelming evidence that instruction in phonics enhances all students' success in learning to read. (9) In 2014, in response to the Pennsylvania General Assembly's passage of Act 69 of 2014, the Pennsylvania Department of Education developed the Dyslexia Screening and Early Literacy Intervention Pilot Program, which established a three-year early literacy intervention and dyslexia pilot program using evidence-based screening and then evidence-based instruction and intervention for students found to be at risk for future reading difficulties. Such Program identified students in kindergarten who were deemed at risk for reading difficulties, including dyslexia, using screening tests. (10) Alabama, Arkansas, Colorado, Connecticut, Kansas, Louisiana, Montana, New Jersey, Oklahoma, Rhode Island, and South Carolina have all commissioned task forces on early literacy or dyslexia. (11) Arkansas, Arizona, Oregon, Ohio, Indiana, Illinois, Massachusetts, Montana, Nevada, North Dakota, South Carolina, and Wyoming have put into place protocols and procedures to screen for early reading deficiencies and dyslexia. (b) Sense of Congress.--It is the sense of the Congress that-- (1) it is in the interest of the Nation to ensure all children in the United States, regardless of ability, disability, or circumstance, be afforded a high-quality education that includes the promotion of literacy skills; and (2) the Individual with Disabilities Education Act (20 U.S.C. 1400 et seq.) should be robustly funded. SEC. 3. DEFINITIONS. For the purposes of the pilot program authorized by this Act: (1) Dyslexia.--The term ``dyslexia'' means a condition that-- (A) is characterized by difficulty with accurate or fluent word recognition and by poor spelling and decoding abilities that typically results from a deficit in one or more processes related to the phonological component of language; (B) is often unrelated to other cognitive abilities and the provision of effective classroom instruction; and (C) may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge. (2) Comprehensive literacy instruction.--The term ``comprehensive literacy instruction'' has the meaning given such term in section 2221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)). (3) Intensive intervention.-- (A) In general.--The term ``intensive intervention'' means a structured literacy program that includes explicit, multisensory, and systematic phonics instruction and is delivered in the manner proscribed by the developer of the structured literacy program by a teacher trained in such program. (B) Phonics instruction terms.--With respect to phonics instruction that is part of intensive intervention-- (i) the term ``explicit'' means instruction in which a teacher clearly explains and models key skills, with well-chosen examples, and students are not expected to develop the skills based mainly on exposure and incidental learning opportunities; (ii) the term ``multisensory'' means instruction that combines listening, speaking, reading, and a tactile or kinesthetic activity; and (iii) the term ``systematic'' means instruction that is planned and provided in specific sequence, with important prerequisite skills taught before more advanced skills, and with care taken not to introduce skills in a way that is confusing to students. (4) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. EARLY LITERACY AND DYSLEXIA INTERVENTION PILOT PROGRAM. (a) Authorization.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an Early Literacy and Dyslexia Intervention Pilot Program (hereinafter referred to as the ``Pilot Program''), in accordance with this Act, to award grants to State educational agencies to provide evidence-based early screening, multi-tier support systems, and comprehensive literacy education, using evidence-based methods of screening and intensive intervention identified in accordance with subsection (d), for students served by the participating local educational agencies in such States. The early screening and support systems identified in accordance with subsection (d) and carried out under the Pilot Program shall screen and support students for potential risk factors for early reading deficiencies and dyslexia, such as low phonemic awareness, low letter and symbol naming, and inability to remember sequences. (b) Grant Selection and Distribution.-- (1) Grant selection.--The Secretary shall award grants under this Act to 5 State educational agencies to participate in the Pilot Program. The Secretary shall ensure that the State educational agencies awarded grants under this Act serve geographically, racially, and economically diverse student populations. (2) Grant period.--A grant awarded to a State educational agency under this Act shall be for a period of 3 consecutive school years, and shall be for not more than $500,000 for each school year of the grant period. (c) Participating Local Educational Agencies.--Each State educational agency awarded a grant under this Act shall select no fewer than 2 local educational agencies in the State to participate in the Pilot Program under this Act. To be eligible to be selected as a participating local educational agency, a local educational agency shall-- (1) have a total enrollment of at least 3,000 students; (2) provide full-day kindergarten; and (3) submit an application to the State educational agency at such time and containing such information as may be required by the Secretary and the State educational agency. (d) Identification of Evidence-Based Methods of Screening and Intensive Intervention.--Not later than 6 months after the date of enactment of this Act, the Secretary shall, in consultation with recognized, expert organizations described in section 5(a)(1), State educational agencies the Secretary is consulting with in accordance with section 5(b), and the State educational agencies selected to participate in the Pilot Program, identify-- (1) one or more intensive interventions for students in kindergarten through grade 3, which shall include-- (A) phonological awareness and phonemic awareness; (B) sound symbol recognition; (C) alphabet knowledge; (D) decoding skills; (E) encoding skills; and (F) rapid naming; and (2) best practices to instruct educators on-- (A) the science of reading; (B) how to execute the intensive interventions identified in accordance with paragraph (1); (C) understanding and identifying early reading deficiencies and dyslexia, including how to execute methods of screening identified in accordance with paragraph (3); and (D) how to execute the intensive intervention identified in accordance with paragraph (4); (3) one or more evidence-based methods of screening appropriate for students in kindergarten through grade 3 for potential risk factors for early reading deficiencies and dyslexia, which may include the Dynamic Indicators of Basic Early Literacy Skills tests and phonological and phonemic processing and rapid automatized naming tests; (4) evidence-based intensive intervention for students identified as being at risk for, suspected of having, or having early reading deficiencies or dyslexia, or both; and (5) a methodology for evaluating the effects of the Pilot Program on the students identified as having early reading deficiencies or dyslexia, or both. (e) Activities.--Each State educational agency participating in the Pilot Program shall ensure that the following activities are carried out using the methods of screening and intensive intervention identified in accordance with subsection (d): (1) Provide intensive interventions identified in accordance with subsection (d)(1) that develop basic reading skills and incorporate systematic phonics instruction to every student in kindergarten through grade 3 who is served by a participating local educational agency in the State. (2) Three times during each school year during the grant period, including at the beginning of the school year, during the middle of the school year, and during the final academic period of the school year, use evidence-based methods of screening identified in accordance with subsection (d)(3) to screen each student in kindergarten through grade 3 enrolled in each participating local educational agency in the State for low phonemic awareness and other evidence-based risk factors for early reading deficiencies and dyslexia. (3) For each student who is suspected of having an early reading deficiency or dyslexia, or both, based on the results of a screening conducted in accordance with paragraph (2)-- (A) notify the parent or guardian of such student that the student was screened, the results of the student's screening, and that the student is eligible to receive reading intervention services as part of the Pilot Program; (B) provide to the parent or guardian of such student information about additional screening and services available through the Pilot Program, and information on other resources available through the local educational agency and State to parents and students about early reading deficiencies and dyslexia, and recommended evidence-based resources and interventions; and (C) in order to provide additional screening, diagnostic assessments, or services to the student under the Pilot Program, require consent from the parent or guardian of such student indicating that the parent or guardian voluntarily and knowingly consents to the continued participation of the student in the Pilot Program. (4) For each student suspected of having an early reading deficiency or dyslexia based on the results of a screening whose parent or guardian has consented to continued participation in the Pilot Program-- (A) conduct diagnostic assessments that-- (i) are nationally standardized, norm- referenced screening assessments of phonological awareness, alphabetic knowledge, concept of word and grapheme phoneme correspondence; and (ii) are proven to have predictive validity and classification accuracy; and (B) provide intensive intervention identified in accordance with subsection (d)(4) in areas identified by the screening, diagnostic assessments, or progress monitoring data collected by intervention teachers, that includes timely targeted instruction and strategic reteaching of specific unlearned material or concepts until mastery is achieved. (f) Student Participation.--Participation of a student in the Pilot Program, including participation in screening and receipt of intensive intervention, shall not at any time preclude a parent or guardian from requesting or receiving an evaluation of such student for special education services, including during the course of intensive intervention carried out under the Pilot Program. (g) Reports to Secretary.--At the end of each school year of the Pilot Program, each participating State educational agency shall report to the Secretary on the activities of the State educational agency, and each participating local educational agency in the State, carried out under the Pilot Program, including any data and information the Secretary may require. SEC. 5. CONSULTATION. (a) Consultation and Grantee Assistance.--In establishing, operating, and evaluating the Pilot Program, the Secretary shall-- (1) consult with nationally recognized organizations that recognize, support, and advocate for science-based literacy instruction, and specialize in, and have expertise with, the scientific basis of dyslexia and intensive intervention; and (2) provide State educational agencies participating in the Pilot Program with assistance related to implementation and execution of the Pilot Program, including access to-- (A) technical support mechanisms (such as training and printed reference materials); and (B) the State educational agencies consulting with the Secretary in accordance with subsection (b). (b) Consultation With State Educational Agencies.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall select at least one State educational agency with experience implementing and carrying out a program similar to the Pilot Program to be carried out by State educational agencies under this Act. The Secretary shall consult with the selected State educational agencies with respect to providing assistance to State educational agencies participating in the Pilot Program. Such assistance may include designated staff assistance, conferences, shadowing, resource building and sharing, and any other assistance the Secretary determines to be appropriate. (2) Selection.--To be qualified to be selected as a State educational agency to consult with the Secretary in accordance with paragraph (1), a State educational agency shall-- (A) submit to the Secretary an application, at such time and containing such information as the Secretary may require; and (B) have implemented, before the date of enactment of this Act, and carried out for not less than one calendar year before such date, a statewide program that-- (i) incorporated evidenced-based reading instruction for all students served by the State; (ii) identified students at-risk for early reading deficiencies or dyslexia in kindergarten; (iii) provided evidenced-based intensive intervention beginning in kindergarten for students identified as at-risk; (iv) collected data to study the impact of such program; and (v) used an outside research institution to analyze the data and determine the impact on student outcomes. (3) Ineligibility for pilot program.--Any State educational agency selected to consult with the Secretary for the purposes of this subsection shall not be eligible for a grant to participate in the Pilot Program. SEC. 6. EVALUATION. (a) Evaluation.--Not later than one year after the date of enactment of this Act, the Secretary shall enter into a contract with a nationally recognized educational evaluation institution or organization to provide an evaluation of the Pilot Program, which shall be completed not later than one year after the completion of the third school year of the Pilot Program. Such evaluation shall review the effectiveness of evidence-based early reading assistance programs for students with risk factors for early reading deficiencies and dyslexia. (b) Publication of Results.--The Secretary shall make available to the public on the website of the Department of Education the results of the evaluation carried out under subsection (a). SEC. 7. REPORT; STUDY; RESOURCE SHARING. (a) Pilot Program Report.--Not later than the 30 days after the completion of the evaluation required under section 6, the Secretary shall submit a report to Congress on the outcome of the Pilot Program and other related matters. Such report shall include-- (1) qualitative and quantitative data on the outcomes of State and local educational agencies and students who participated in the Program; (2) qualitative and quantitative data on the experience of educators who participated in the Program; (3) a list of the methods of screening used to evaluate students for low phonemic awareness and other evidence-based risk factors for early reading deficiencies and dyslexia, and how many participating State educational agencies, participating local educational agencies, and participating schools used each such method; (4) for each school year of the Pilot Program, the number of students in kindergarten through grade 3 in each participating State educational agency, participating local educational agency, and participating school who were-- (A) screened for low phonemic awareness and other evidence-based risk factors for early reading deficiencies and dyslexia; (B) suspected of having an early reading deficiency or dyslexia based on the results of such screening; and (C) identified as having early reading deficiencies or dyslexia based on a diagnostic assessment; and (5) any regulatory, legal, or resource barriers to continuing and expanding the Program. (b) Study.--Not later than 180 days after the completion of the evaluation required under section 6, the Secretary shall provide to Congress, based on the data collected as part of the Pilot Program and evaluation carried out under this Act and any other data available to the Secretary-- (1) an assessment of-- (A) the impact of practices put in place under the Pilot Program, including the practice of instructing teachers on the science of reading; (B) the value of the inclusion of the science of reading courses for teacher licensing and certification; and (C) how students perform when taught by teachers who have received instruction on the science of reading; and (2) based on the data collected as part of the Program, whether the Secretary recommends reconvening the National Reading Panel. (c) Resource Sharing.--Not later than January 1, 2025, the Secretary shall use the report required under subsection (a) and the results of the study under subsection (b) to create and make available an online platform to provide State and local educational agencies with resources to identify and best serve students in kindergarten through grade 3 who are identified as being at risk for, suspected of having, or having early reading deficiencies or dyslexia, which shall include-- (1) evidence-based methods of screening designed specifically for students identified as being at risk for, suspected of having, or having early reading deficiencies or dyslexia; (2) methods of targeted instruction for early reading deficiencies and dyslexia; (3) guidance on developing instructional plans for students identified as having early reading deficiencies or dyslexia; (4) developmentally appropriate curricula and engaging instructional materials and practices for students identified as having early reading deficiencies or dyslexia; (5) structured multisensory approaches to teach language and reading skills to all students, including students identified as being at risk for, suspected of having, or having early reading deficiencies or dyslexia; and (6) a list of suggested training programs for teachers on effective reading instruction methods. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to award grants to State educational agencies in accordance with this Act, not more than $2,500,000 for each year of the Pilot Program. <all>

READ Act

To authorize a pilot program for dyslexia screening and early literacy intervention using evidence-based services for students suspected of having an early reading deficiency or dyslexia, and for other purposes.

READ Act Reading Early and Addressing Dyslexia Act

Rep. Houlahan, Chrissy

D

PA

This bill directs the Department of Education (ED) to establish an early literacy and dyslexia intervention pilot program to award grants to five state educational agencies to address early reading deficiencies and dyslexia. Under the program, ED must identify (1) evidence-based methods of screening students in grades K-3 for early reading deficiencies and dyslexia; (2) intensive interventions for these students, including phonological awareness and phonemic awareness, sound symbol recognition, and decoding skills; and (3) best practices to instruct educators on the science of reading and how to execute screenings and intensive interventions for these students. Each participating state educational agency must select at least two local educational agencies (LEAs) to participate in the program. Participating LEAs must The bill also directs ED to establish an online platform to provide educational agencies with resources, such as methods of targeting instruction for early reading deficiencies and dyslexia.

FINDINGS; SENSE OF CONGRESS. (6) Low levels of literacy are connected to over $230,000,000,000 a year in health care costs in the United States. (7) Dyslexia is thought to be the most common neurocognitive disorder, affecting about 10 percent of children in school. 3. For the purposes of the pilot program authorized by this Act: (1) Dyslexia.--The term ``dyslexia'' means a condition that-- (A) is characterized by difficulty with accurate or fluent word recognition and by poor spelling and decoding abilities that typically results from a deficit in one or more processes related to the phonological component of language; (B) is often unrelated to other cognitive abilities and the provision of effective classroom instruction; and (C) may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge. 6641(b)). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. 7801). 4. EARLY LITERACY AND DYSLEXIA INTERVENTION PILOT PROGRAM. (c) Participating Local Educational Agencies.--Each State educational agency awarded a grant under this Act shall select no fewer than 2 local educational agencies in the State to participate in the Pilot Program under this Act. (e) Activities.--Each State educational agency participating in the Pilot Program shall ensure that the following activities are carried out using the methods of screening and intensive intervention identified in accordance with subsection (d): (1) Provide intensive interventions identified in accordance with subsection (d)(1) that develop basic reading skills and incorporate systematic phonics instruction to every student in kindergarten through grade 3 who is served by a participating local educational agency in the State. CONSULTATION. 6. Such evaluation shall review the effectiveness of evidence-based early reading assistance programs for students with risk factors for early reading deficiencies and dyslexia. REPORT; STUDY; RESOURCE SHARING. (b) Study.--Not later than 180 days after the completion of the evaluation required under section 6, the Secretary shall provide to Congress, based on the data collected as part of the Pilot Program and evaluation carried out under this Act and any other data available to the Secretary-- (1) an assessment of-- (A) the impact of practices put in place under the Pilot Program, including the practice of instructing teachers on the science of reading; (B) the value of the inclusion of the science of reading courses for teacher licensing and certification; and (C) how students perform when taught by teachers who have received instruction on the science of reading; and (2) based on the data collected as part of the Program, whether the Secretary recommends reconvening the National Reading Panel. SEC. 8.

FINDINGS; SENSE OF CONGRESS. (6) Low levels of literacy are connected to over $230,000,000,000 a year in health care costs in the United States. (7) Dyslexia is thought to be the most common neurocognitive disorder, affecting about 10 percent of children in school. 3. 6641(b)). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. 7801). 4. EARLY LITERACY AND DYSLEXIA INTERVENTION PILOT PROGRAM. (c) Participating Local Educational Agencies.--Each State educational agency awarded a grant under this Act shall select no fewer than 2 local educational agencies in the State to participate in the Pilot Program under this Act. (e) Activities.--Each State educational agency participating in the Pilot Program shall ensure that the following activities are carried out using the methods of screening and intensive intervention identified in accordance with subsection (d): (1) Provide intensive interventions identified in accordance with subsection (d)(1) that develop basic reading skills and incorporate systematic phonics instruction to every student in kindergarten through grade 3 who is served by a participating local educational agency in the State. CONSULTATION. 6. Such evaluation shall review the effectiveness of evidence-based early reading assistance programs for students with risk factors for early reading deficiencies and dyslexia. REPORT; STUDY; RESOURCE SHARING. (b) Study.--Not later than 180 days after the completion of the evaluation required under section 6, the Secretary shall provide to Congress, based on the data collected as part of the Pilot Program and evaluation carried out under this Act and any other data available to the Secretary-- (1) an assessment of-- (A) the impact of practices put in place under the Pilot Program, including the practice of instructing teachers on the science of reading; (B) the value of the inclusion of the science of reading courses for teacher licensing and certification; and (C) how students perform when taught by teachers who have received instruction on the science of reading; and (2) based on the data collected as part of the Program, whether the Secretary recommends reconvening the National Reading Panel. SEC. 8.

SHORT TITLE. FINDINGS; SENSE OF CONGRESS. (6) Low levels of literacy are connected to over $230,000,000,000 a year in health care costs in the United States. (7) Dyslexia is thought to be the most common neurocognitive disorder, affecting about 10 percent of children in school. (10) Alabama, Arkansas, Colorado, Connecticut, Kansas, Louisiana, Montana, New Jersey, Oklahoma, Rhode Island, and South Carolina have all commissioned task forces on early literacy or dyslexia. 1400 et seq.) should be robustly funded. 3. DEFINITIONS. For the purposes of the pilot program authorized by this Act: (1) Dyslexia.--The term ``dyslexia'' means a condition that-- (A) is characterized by difficulty with accurate or fluent word recognition and by poor spelling and decoding abilities that typically results from a deficit in one or more processes related to the phonological component of language; (B) is often unrelated to other cognitive abilities and the provision of effective classroom instruction; and (C) may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge. (2) Comprehensive literacy instruction.--The term ``comprehensive literacy instruction'' has the meaning given such term in section 2221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. 7801). 4. EARLY LITERACY AND DYSLEXIA INTERVENTION PILOT PROGRAM. The early screening and support systems identified in accordance with subsection (d) and carried out under the Pilot Program shall screen and support students for potential risk factors for early reading deficiencies and dyslexia, such as low phonemic awareness, low letter and symbol naming, and inability to remember sequences. (c) Participating Local Educational Agencies.--Each State educational agency awarded a grant under this Act shall select no fewer than 2 local educational agencies in the State to participate in the Pilot Program under this Act. (e) Activities.--Each State educational agency participating in the Pilot Program shall ensure that the following activities are carried out using the methods of screening and intensive intervention identified in accordance with subsection (d): (1) Provide intensive interventions identified in accordance with subsection (d)(1) that develop basic reading skills and incorporate systematic phonics instruction to every student in kindergarten through grade 3 who is served by a participating local educational agency in the State. (3) For each student who is suspected of having an early reading deficiency or dyslexia, or both, based on the results of a screening conducted in accordance with paragraph (2)-- (A) notify the parent or guardian of such student that the student was screened, the results of the student's screening, and that the student is eligible to receive reading intervention services as part of the Pilot Program; (B) provide to the parent or guardian of such student information about additional screening and services available through the Pilot Program, and information on other resources available through the local educational agency and State to parents and students about early reading deficiencies and dyslexia, and recommended evidence-based resources and interventions; and (C) in order to provide additional screening, diagnostic assessments, or services to the student under the Pilot Program, require consent from the parent or guardian of such student indicating that the parent or guardian voluntarily and knowingly consents to the continued participation of the student in the Pilot Program. CONSULTATION. Such assistance may include designated staff assistance, conferences, shadowing, resource building and sharing, and any other assistance the Secretary determines to be appropriate. 6. Such evaluation shall review the effectiveness of evidence-based early reading assistance programs for students with risk factors for early reading deficiencies and dyslexia. REPORT; STUDY; RESOURCE SHARING. (b) Study.--Not later than 180 days after the completion of the evaluation required under section 6, the Secretary shall provide to Congress, based on the data collected as part of the Pilot Program and evaluation carried out under this Act and any other data available to the Secretary-- (1) an assessment of-- (A) the impact of practices put in place under the Pilot Program, including the practice of instructing teachers on the science of reading; (B) the value of the inclusion of the science of reading courses for teacher licensing and certification; and (C) how students perform when taught by teachers who have received instruction on the science of reading; and (2) based on the data collected as part of the Program, whether the Secretary recommends reconvening the National Reading Panel. SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. FINDINGS; SENSE OF CONGRESS. (6) Low levels of literacy are connected to over $230,000,000,000 a year in health care costs in the United States. (7) Dyslexia is thought to be the most common neurocognitive disorder, affecting about 10 percent of children in school. The report, released in 2000, documented overwhelming evidence that instruction in phonics enhances all students' success in learning to read. (10) Alabama, Arkansas, Colorado, Connecticut, Kansas, Louisiana, Montana, New Jersey, Oklahoma, Rhode Island, and South Carolina have all commissioned task forces on early literacy or dyslexia. 1400 et seq.) should be robustly funded. 3. DEFINITIONS. For the purposes of the pilot program authorized by this Act: (1) Dyslexia.--The term ``dyslexia'' means a condition that-- (A) is characterized by difficulty with accurate or fluent word recognition and by poor spelling and decoding abilities that typically results from a deficit in one or more processes related to the phonological component of language; (B) is often unrelated to other cognitive abilities and the provision of effective classroom instruction; and (C) may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge. (2) Comprehensive literacy instruction.--The term ``comprehensive literacy instruction'' has the meaning given such term in section 2221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)). (3) Intensive intervention.-- (A) In general.--The term ``intensive intervention'' means a structured literacy program that includes explicit, multisensory, and systematic phonics instruction and is delivered in the manner proscribed by the developer of the structured literacy program by a teacher trained in such program. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. 7801). 4. EARLY LITERACY AND DYSLEXIA INTERVENTION PILOT PROGRAM. The early screening and support systems identified in accordance with subsection (d) and carried out under the Pilot Program shall screen and support students for potential risk factors for early reading deficiencies and dyslexia, such as low phonemic awareness, low letter and symbol naming, and inability to remember sequences. (2) Grant period.--A grant awarded to a State educational agency under this Act shall be for a period of 3 consecutive school years, and shall be for not more than $500,000 for each school year of the grant period. (c) Participating Local Educational Agencies.--Each State educational agency awarded a grant under this Act shall select no fewer than 2 local educational agencies in the State to participate in the Pilot Program under this Act. (e) Activities.--Each State educational agency participating in the Pilot Program shall ensure that the following activities are carried out using the methods of screening and intensive intervention identified in accordance with subsection (d): (1) Provide intensive interventions identified in accordance with subsection (d)(1) that develop basic reading skills and incorporate systematic phonics instruction to every student in kindergarten through grade 3 who is served by a participating local educational agency in the State. (3) For each student who is suspected of having an early reading deficiency or dyslexia, or both, based on the results of a screening conducted in accordance with paragraph (2)-- (A) notify the parent or guardian of such student that the student was screened, the results of the student's screening, and that the student is eligible to receive reading intervention services as part of the Pilot Program; (B) provide to the parent or guardian of such student information about additional screening and services available through the Pilot Program, and information on other resources available through the local educational agency and State to parents and students about early reading deficiencies and dyslexia, and recommended evidence-based resources and interventions; and (C) in order to provide additional screening, diagnostic assessments, or services to the student under the Pilot Program, require consent from the parent or guardian of such student indicating that the parent or guardian voluntarily and knowingly consents to the continued participation of the student in the Pilot Program. CONSULTATION. Such assistance may include designated staff assistance, conferences, shadowing, resource building and sharing, and any other assistance the Secretary determines to be appropriate. (2) Selection.--To be qualified to be selected as a State educational agency to consult with the Secretary in accordance with paragraph (1), a State educational agency shall-- (A) submit to the Secretary an application, at such time and containing such information as the Secretary may require; and (B) have implemented, before the date of enactment of this Act, and carried out for not less than one calendar year before such date, a statewide program that-- (i) incorporated evidenced-based reading instruction for all students served by the State; (ii) identified students at-risk for early reading deficiencies or dyslexia in kindergarten; (iii) provided evidenced-based intensive intervention beginning in kindergarten for students identified as at-risk; (iv) collected data to study the impact of such program; and (v) used an outside research institution to analyze the data and determine the impact on student outcomes. 6. Such evaluation shall review the effectiveness of evidence-based early reading assistance programs for students with risk factors for early reading deficiencies and dyslexia. REPORT; STUDY; RESOURCE SHARING. (b) Study.--Not later than 180 days after the completion of the evaluation required under section 6, the Secretary shall provide to Congress, based on the data collected as part of the Pilot Program and evaluation carried out under this Act and any other data available to the Secretary-- (1) an assessment of-- (A) the impact of practices put in place under the Pilot Program, including the practice of instructing teachers on the science of reading; (B) the value of the inclusion of the science of reading courses for teacher licensing and certification; and (C) how students perform when taught by teachers who have received instruction on the science of reading; and (2) based on the data collected as part of the Program, whether the Secretary recommends reconvening the National Reading Panel. SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

S.347

Health

Data to Save Moms Act This bill expands data collection and research on maternal morbidity and mortality among minority populations. Specifically, the bill adds requirements to a program within the Centers for Disease Control and Prevention (CDC) that supports maternal mortality review committees. To the extent practicable, the committees must The CDC may also award grants to committees to increase their engagement with local communities, such as by bringing on community representatives as committee members. Additionally, the Centers for Medicare & Medicaid Services and the Agency for Healthcare Research and Quality must consult with diverse stakeholders to review maternal health data collection processes and quality measures and make recommendations to improve them. The Indian Health Service and the Department of Health and Human Services must also arrange for studies on adverse maternal health outcomes among tribal and minority populations, respectively.

To improve the collection and review of maternal health data to address maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Data to Save Moms Act''. SEC. 2. DEFINITIONS. In this Act: (1) Maternity care provider.--The term ``maternity care provider'' means a health care provider who-- (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (2) Maternal mortality.--The term ``maternal mortality'' means a death occurring during or within a one-year period after pregnancy, caused by pregnancy-related or childbirth complications, including a suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (3) Perinatal health worker.--The term ``perinatal health worker'' means a doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter, or navigator. (4) Postpartum and postpartum period.--The terms ``postpartum'' and ``postpartum period'' refer to the 1-year period beginning on the last day of the pregnancy of an individual. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). (6) Severe maternal morbidity.--The term ``severe maternal morbidity'' means a health condition, including mental health conditions and substance use disorders, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant. (7) Social determinants of maternal health.--The term ``social determinants of maternal health'' means non-clinical factors that impact maternal health outcomes, including-- (A) economic factors, which may include poverty, employment, food security, support for and access to lactation and other infant feeding options, housing stability, and related factors; (B) neighborhood factors, which may include quality of housing, access to transportation, access to child care, availability of healthy foods and nutrition counseling, availability of clean water, air and water quality, ambient temperatures, neighborhood crime and violence, access to broadband, and related factors; (C) social and community factors, which may include systemic racism, gender discrimination or discrimination based on other protected classes, workplace conditions, incarceration, and related factors; (D) household factors, which may include ability to conduct lead testing and abatement, car seat installation, indoor air temperatures, and related factors; (E) education access and quality factors, which may include educational attainment, language and literacy, and related factors; and (F) health care access factors, including health insurance coverage, access to culturally congruent health care services, providers, and non-clinical support, access to home visiting services, access to wellness and stress management programs, health literacy, access to telehealth and items required to receive telehealth services, and related factors. SEC. 3. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE REPRESENTATIVE COMMUNITY ENGAGEMENT. (a) In General.--Section 317K(d) of the Public Health Service Act (42 U.S.C. 247b-12(d)) is amended by adding at the end the following: ``(9) Grants to promote representative community engagement in maternal mortality review committees.-- ``(A) In general.--The Secretary may, using funds made available pursuant to subparagraph (C), provide assistance to an applicable maternal mortality review committee of a State, Indian tribe, tribal organization, or urban Indian organization-- ``(i) to select for inclusion in the membership of such a committee community members from the State, Indian tribe, tribal organization, or urban Indian organization by-- ``(I) prioritizing community members who can increase the diversity of the committee's membership with respect to race and ethnicity, location, and professional background, including members with non-clinical experiences; and ``(II) to the extent applicable, using funds reserved under subsection (f), to address barriers to maternal mortality review committee participation for community members, including required training, transportation barriers, compensation, and other supports as may be necessary; ``(ii) to establish initiatives to conduct outreach and community engagement efforts within communities throughout the State or Tribe to seek input from community members on the work of such maternal mortality review committee, with a particular focus on outreach to minority women; and ``(iii) to release public reports assessing-- ``(I) the pregnancy-related death and pregnancy-associated death review processes of the maternal mortality review committee, with a particular focus on the maternal mortality review committee's sensitivity to the unique circumstances of pregnant and postpartum individuals from racial and ethnic minority groups (as such term is defined in section 1707(g)(1)) who have suffered pregnancy-related deaths; and ``(II) the impact of the use of funds made available pursuant to subparagraph (C) on increasing the diversity of the maternal mortality review committee membership and promoting community engagement efforts throughout the State or Tribe. ``(B) Technical assistance.--The Secretary shall provide (either directly through the Department of Health and Human Services or by contract) technical assistance to any maternal mortality review committee receiving a grant under this paragraph on best practices for increasing the diversity of the maternal mortality review committee's membership and for conducting effective community engagement throughout the State or Tribe. ``(C) Authorization of appropriations.--In addition to any funds made available under subsection (f), there are authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2022 through 2026.''. (b) Definitions.--Section 317K(e) of the Public Health Service Act (42 U.S.C. 247b-12(e)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3)(B), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) the term `urban Indian organization' has the meaning given such term in section 4 of the Indian Health Care Improvement Act.''. (c) Reservation of Funds.--Section 317K(f) of the Public Health Service Act (42 U.S.C. 247b-12(f)) is amended by adding at the end the following: ``Of the amount made available under the preceding sentence for a fiscal year, not less than $1,500,000 shall be reserved for grants to Indian tribes, tribal organizations, or urban Indian organizations.''. SEC. 4. DATA COLLECTION AND REVIEW. Section 317K(d)(3)(A)(i) of the Public Health Service Act (42 U.S.C. 247b-12(d)(3)(A)(i)) is amended-- (1) by redesignating subclauses (II) and (III) as subclauses (V) and (VI), respectively; and (2) by inserting after subclause (I) the following: ``(II) to the extent practicable, reviewing cases of severe maternal morbidity, according to the most up-to- date indicators; ``(III) to the extent practicable, reviewing deaths during pregnancy or up to 1 year after the end of a pregnancy from suicide, overdose, or other death from a mental health condition or substance use disorder attributed to or aggravated by pregnancy or childbirth complications; ``(IV) to the extent practicable, consulting with local community-based organizations representing pregnant and postpartum individuals from demographic groups disproportionately impacted by poor maternal health outcomes to ensure that, in addition to clinical factors, non-clinical factors that might have contributed to a pregnancy-related death are appropriately considered;''. SEC. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY MEASURES. (a) In General.--The Secretary of Health and Human Services, acting through the Administrator for Centers for Medicare & Medicaid Serves and the Director of the Agency for Healthcare Research and Quality, shall consult with relevant stakeholders-- (1) to review existing maternal health data collection processes and quality measures; and (2) make recommendations to improve such processes and measures, including topics described in subsection (c). (b) Collaboration.--In carrying out this section, the Secretary shall consult with a diverse group of maternal health stakeholders, which may include-- (1) pregnant and postpartum individuals and their family members, and nonprofit organizations representing such individuals, with a particular focus on patients from racial and ethnic minority groups; (2) community-based organizations that provide support for pregnant and postpartum individuals, with a particular focus on patients from racial and ethnic minority groups; (3) membership organizations for maternity care providers; (4) organizations representing perinatal health workers; (5) organizations that focus on maternal mental or behavioral health; (6) organizations that focus on intimate partner violence; (7) institutions of higher education, with a particular focus on minority-serving institutions; (8) licensed and accredited hospitals, birth centers, midwifery practices, or other medical practices that provide maternal health care services to pregnant and postpartum patients; (9) relevant State and local public agencies, including State maternal mortality review committees; and (10) the National Quality Forum, or such other standard- setting organizations specified by the Secretary. (c) Topics.--The review of maternal health data collection processes and recommendations to improve such processes and measures required under subsection (a) shall assess all available relevant information, including information from State-level sources, and shall consider at least the following: (1) Current State and Tribal practices for maternal health, maternal mortality, and severe maternal morbidity data collection and dissemination, including consideration of-- (A) the timeliness of processes for amending a death certificate when new information pertaining to the death becomes available to reflect whether the death was a pregnancy-related death; (B) relevant data collected with electronic health records, including data on race, ethnicity, socioeconomic status, insurance type, and other relevant demographic information; (C) maternal health data collected and publicly reported by hospitals, health systems, midwifery practices, and birth centers; (D) the barriers preventing States from correlating maternal outcome data with race and ethnicity data; (E) processes for determining the cause of a pregnancy-associated death in States that do not have a maternal mortality review committee; (F) whether maternal mortality review committees include multidisciplinary and diverse membership (as described in section 317K(d)(1)(A) of the Public Health Service Act (42 U.S.C. 247b-12(d)(1)(A)); (G) whether members of maternal mortality review committees participate in trainings on bias, racism, or discrimination, and the quality of such trainings; (H) the extent to which States have implemented systematic processes of listening to the stories of pregnant and postpartum individuals and their family members, with a particular focus on pregnant and postpartum individuals from racial and ethnic minority groups (as such term is defined in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u- 6(g)(1))) and their family members, to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within their respective States; (I) the extent to which maternal mortality review committees are considering social determinants of maternal health when examining the causes of pregnancy- associated and pregnancy-related deaths; (J) the extent to which maternal mortality review committees are making actionable recommendations based on their reviews of adverse maternal health outcomes and the extent to which such recommendations are being implemented by appropriate stakeholders; (K) the legal and administrative barriers preventing the collection, collation, and dissemination of State maternity care data; (L) the effectiveness of data collection and reporting processes in separating pregnancy-associated deaths from pregnancy-related deaths; (M) the current Federal, State, local, and Tribal funding support for the activities referred to in subparagraphs (A) through (L). (2) Whether the funding support referred to in paragraph (1)(M) is adequate for States to carry out optimal data collection and dissemination processes with respect to maternal health, maternal mortality, and severe maternal morbidity. (3) Current quality measures for maternity care, including prenatal measures, labor and delivery measures, and postpartum measures, including topics such as-- (A) effective quality measures for maternity care used by hospitals, health systems, midwifery practices, birth centers, health plans, and other relevant entities; (B) the sufficiency of current outcome measures used to evaluate maternity care for driving improved care, experiences, and outcomes in maternity care payment and delivery system models; (C) maternal health quality measures that other countries effectively use; (D) validated measures that have been used for research purposes that could be tested, refined, and submitted for national endorsement; (E) barriers preventing maternity care providers and insurers from implementing quality measures that are aligned with best practices; (F) the frequency with which maternity care quality measures are reviewed and revised; (G) the strengths and weaknesses of the Prenatal and Postpartum Care measures of the Health Plan Employer Data and Information Set measures established by the National Committee for Quality Assurance; (H) the strengths and weaknesses of maternity care quality measures under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the Children's Health Insurance Program under title XXI of such Act (42 U.S.C. 1397 et seq.), including the extent to which States voluntarily report relevant measures; (I) the extent to which maternity care quality measures are informed by patient experiences that include measures of patient-reported experience of care; (J) the current processes for collecting stratified data on the race and ethnicity of pregnant and postpartum individuals in hospitals, health systems, midwifery practices, and birth centers, and for incorporating such racially and ethnically stratified data in maternity care quality measures; (K) the extent to which maternity care quality measures account for the unique experiences of pregnant and postpartum individuals from racial and ethnic minority groups (as such term is defined in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1))); and (L) the extent to which hospitals, health systems, midwifery practices, and birth centers are implementing existing maternity care quality measures. (4) Recommendations on authorizing additional funds and providing additional technical assistance to improve maternal mortality review committees and State and Tribal maternal health data collection and reporting processes. (5) Recommendations for new authorities that may be granted to maternal mortality review committees to be able to-- (A) access records from other Federal and State agencies and departments that may be necessary to identify causes of pregnancy-associated and pregnancy- related deaths that are unique to pregnant and postpartum individuals from specific populations, such as veterans and individuals who are incarcerated; and (B) work with relevant experts who are not members of the maternal mortality review committee to assist in the review of pregnancy-associated deaths of pregnant and postpartum individuals from specific populations, such as veterans and individuals who are incarcerated. (6) Recommendations to improve and standardize current quality measures for maternity care, with a particular focus on racial and ethnic disparities in maternal health outcomes. (7) Recommendations to improve the coordination by the Department of Health and Human Services of the efforts undertaken by the agencies and organizations within the Department related to maternal health data and quality measures. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report on the results of the review of maternal health data collection processes and quality measures and recommendations to improve such processes and measures required under subsection (a). (e) Definitions.--In this section: (1) Maternal mortality review committee.--The term ``maternal mortality review committee'' means a maternal mortality review committee duly authorized by a State and receiving funding under section 317K(a)(2)(D) of the Public Health Service Act (42 U.S.C. 247b-12(a)(2)(D)). (2) Pregnancy-associated death.--The term ``pregnancy- associated'', with respect to a death, means a death of a pregnant or postpartum individual, by any cause, that occurs during, or within 1 year following, the individual's pregnancy, regardless of the outcome, duration, or site of the pregnancy. (3) Pregnancy-related death.--The term ``pregnancy- related'', with respect to a death, means a death of a pregnant or postpartum individual that occurs during, or within 1 year following, the individual's pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2022 through 2025. SEC. 6. INDIAN HEALTH SERVICE STUDY AND REPORT ON MATERNAL MORTALITY AND SEVERE MATERNAL MORBIDITY. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Indian Health Service. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Maternal mortality review committee.--The term ``maternal mortality review committee'' means a maternal mortality review committee duly authorized by a State and receiving funding under section 317k(a)(2)(D) of the Public Health Service Act (42 U.S.C. 247b-12(a)(2)(D)). (4) Tribal epidemiology center.--The term ``Tribal epidemiology center'' means a Tribal epidemiology center established under section 214 of the Indian Health Care Improvement Act (25 U.S.C. 1621m). (5) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). (b) Study and Report.-- (1) Study.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Director, in coordination with the individuals selected under subsection (c), shall enter into an agreement with an independent research organization or a Tribal epidemiology center to conduct a comprehensive study on maternal mortality and severe maternal morbidity in Indian and Alaska Native populations. (B) Report.--The agreement entered into under subparagraph (A) shall require that the independent research organization or Tribal epidemiology center submit to the Director a report describing the results of the study conducted pursuant to that agreement by not later than 2 years after the date of enactment of this Act. (2) Contents of study.--The study conducted under paragraph (1) shall-- (A) examine the causes of maternal mortality and severe maternal morbidity that are unique to Indians and Alaska Natives; (B) include a systematic process of listening to the stories of pregnant and postpartum Indians and Alaska Natives to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within the Indian and Alaska Native communities; (C) identify the different settings in which pregnant and postpartum Indians and Alaska Natives receive maternity care, such as-- (i) facilities operated by the Indian Health Service; (ii) an Indian health program operated by an Indian Tribe or tribal organization pursuant to a grant from, or contract, cooperative agreement, or compact with, the Indian Health Service pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and (iii) an urban Indian health program operated by an urban Indian organization pursuant to a grant from or contract with the Indian Health Service pursuant to title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.); (D) determine the different landscapes of maternity care received by pregnant and postpartum Indians and Alaska Natives at the different settings identified under subparagraph (C); (E) review processes for coordinating programs of the Indian Health Service with social services provided through other programs administered by the Secretary of Health and Human Services (other than the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid program under title XIX of that Act (42 U.S.C. 1396 et seq.), and the State Children's Health Insurance Program established under title XXI of that Act (42 U.S.C. 1397aa et seq.)); (F) review current data collection and quality measurement processes and practices with respect to pregnant and postpartum Indians and Alaska Natives; (G) assess causes and frequency of maternal mental health conditions and substance use disorders with respect to Indians and Alaska Natives; (H) consider social determinants of health, including poverty, lack of health insurance, unemployment, sexual violence, and environmental conditions in Tribal areas; (I) consider the role that historical mistreatment of Indian and Alaska Native women has played in causing currently high rates of maternal mortality and severe maternal morbidity; (J) consider how current funding of the Indian Health Service affects the ability of the Indian Health Service to deliver quality maternity care; and (K) consider the extent to which the delivery of maternity care services is culturally appropriate for pregnant and postpartum Indians and Alaska Natives. (3) Report.--Not later than 3 years after the date of enactment of this Act, the Director shall submit to Congress a report describing the results of the study conducted under paragraph (1), including recommendations for policies and practices that can be adopted to improve maternal health outcomes for pregnant and postpartum Indians and Alaska Natives, including recommendations-- (A) on how to improve maternal health outcomes for Indians and Alaska Natives receiving care at the different settings identified under paragraph (2)(C); (B) on how to reduce misclassification of pregnant and postpartum Indians and Alaska Natives, including consideration of best practices in training for members of maternal mortality review committees to be able to correctly classify Indians and Alaska Natives; and (C) informed by the stories shared by pregnant and postpartum Indians and Alaska Natives under paragraph (2)(B) to improve maternal health outcomes for those individuals. (c) Participating Individuals.-- (1) In general.--The Director shall select from among individuals nominated by Indian Tribes, tribal organizations, and urban Indian organizations 12 individuals for participation in the study conducted under subsection (b)(1). (2) Requirement.--In selecting members under paragraph (1), the Director shall ensure that each of the 12 service areas of the Indian Health Service is represented. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2024. SEC. 7. GRANTS TO MINORITY-SERVING INSTITUTIONS TO STUDY MATERNAL MORTALITY, SEVERE MATERNAL MORBIDITY, AND OTHER ADVERSE MATERNAL HEALTH OUTCOMES. (a) In General.--The Secretary of Health and Human Services shall establish a program under which the Secretary shall award grants to research centers, health professions schools and programs, and other entities at minority-serving institutions to study specific aspects of the maternal health crisis among pregnant and postpartum individuals from racial and ethnic minority groups. Such research may-- (1) include the development and implementation of systematic processes of listening to the stories of pregnant and postpartum individuals from racial and ethnic minority groups, and perinatal health workers supporting such individuals, to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within their respective communities; (2) assess the potential causes of relatively low rates of maternal mortality among Hispanic individuals, including potential racial misclassification and other data collection and reporting issues that might be misrepresenting maternal mortality rates among Hispanic individuals in the United States; and (3) assess differences in rates of adverse maternal health outcomes among subgroups identifying as Hispanic. (b) Application.--To be eligible to receive a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Technical Assistance.--The Secretary may use not more than 10 percent of the funds made available under subsection (g)-- (1) to conduct outreach to minority-serving institutions to raise awareness of the availability of grants under this subsection (a); (2) to provide technical assistance in the application process for such a grant; and (3) to promote capacity building as needed to enable entities described in such subsection to submit such an application. (d) Reporting Requirement.--Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant. (e) Evaluation.--Beginning one year after the date on which the first grant is awarded under this section, the Secretary shall submit to Congress an annual report summarizing the findings of research conducted using funds made available under this section. (f) Minority-Serving Institutions Defined.--In this section, the term ``minority-serving institution'' has the meaning given the term in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. <all>

Data to Save Moms Act

A bill to improve the collection and review of maternal health data to address maternal mortality, serve maternal morbidity, and other adverse maternal health outcomes.

Data to Save Moms Act

Sen. Smith, Tina

D

MN

This bill expands data collection and research on maternal morbidity and mortality among minority populations. Specifically, the bill adds requirements to a program within the Centers for Disease Control and Prevention (CDC) that supports maternal mortality review committees. To the extent practicable, the committees must The CDC may also award grants to committees to increase their engagement with local communities, such as by bringing on community representatives as committee members. Additionally, the Centers for Medicare & Medicaid Services and the Agency for Healthcare Research and Quality must consult with diverse stakeholders to review maternal health data collection processes and quality measures and make recommendations to improve them. The Indian Health Service and the Department of Health and Human Services must also arrange for studies on adverse maternal health outcomes among tribal and minority populations, respectively.

To improve the collection and review of maternal health data to address maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. 2. DEFINITIONS. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE REPRESENTATIVE COMMUNITY ENGAGEMENT. ``(C) Authorization of appropriations.--In addition to any funds made available under subsection (f), there are authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2022 through 2026.''. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY MEASURES. 1396 et seq.) 300u-6(g)(1))); and (L) the extent to which hospitals, health systems, midwifery practices, and birth centers are implementing existing maternity care quality measures. (3) Pregnancy-related death.--The term ``pregnancy- related'', with respect to a death, means a death of a pregnant or postpartum individual that occurs during, or within 1 year following, the individual's pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. (B) Report.--The agreement entered into under subparagraph (A) shall require that the independent research organization or Tribal epidemiology center submit to the Director a report describing the results of the study conducted pursuant to that agreement by not later than 2 years after the date of enactment of this Act. ), and the State Children's Health Insurance Program established under title XXI of that Act (42 U.S.C. (2) Requirement.--In selecting members under paragraph (1), the Director shall ensure that each of the 12 service areas of the Indian Health Service is represented. SEC. 7. (b) Application.--To be eligible to receive a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

To improve the collection and review of maternal health data to address maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. 2. DEFINITIONS. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE REPRESENTATIVE COMMUNITY ENGAGEMENT. ``(C) Authorization of appropriations.--In addition to any funds made available under subsection (f), there are authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2022 through 2026.''. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY MEASURES. 1396 et seq.) 300u-6(g)(1))); and (L) the extent to which hospitals, health systems, midwifery practices, and birth centers are implementing existing maternity care quality measures. (3) Pregnancy-related death.--The term ``pregnancy- related'', with respect to a death, means a death of a pregnant or postpartum individual that occurs during, or within 1 year following, the individual's pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. (B) Report.--The agreement entered into under subparagraph (A) shall require that the independent research organization or Tribal epidemiology center submit to the Director a report describing the results of the study conducted pursuant to that agreement by not later than 2 years after the date of enactment of this Act. ), and the State Children's Health Insurance Program established under title XXI of that Act (42 U.S.C. (2) Requirement.--In selecting members under paragraph (1), the Director shall ensure that each of the 12 service areas of the Indian Health Service is represented. SEC. 7. (b) Application.--To be eligible to receive a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

To improve the collection and review of maternal health data to address maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. 2. DEFINITIONS. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. (7) Social determinants of maternal health.--The term ``social determinants of maternal health'' means non-clinical factors that impact maternal health outcomes, including-- (A) economic factors, which may include poverty, employment, food security, support for and access to lactation and other infant feeding options, housing stability, and related factors; (B) neighborhood factors, which may include quality of housing, access to transportation, access to child care, availability of healthy foods and nutrition counseling, availability of clean water, air and water quality, ambient temperatures, neighborhood crime and violence, access to broadband, and related factors; (C) social and community factors, which may include systemic racism, gender discrimination or discrimination based on other protected classes, workplace conditions, incarceration, and related factors; (D) household factors, which may include ability to conduct lead testing and abatement, car seat installation, indoor air temperatures, and related factors; (E) education access and quality factors, which may include educational attainment, language and literacy, and related factors; and (F) health care access factors, including health insurance coverage, access to culturally congruent health care services, providers, and non-clinical support, access to home visiting services, access to wellness and stress management programs, health literacy, access to telehealth and items required to receive telehealth services, and related factors. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE REPRESENTATIVE COMMUNITY ENGAGEMENT. ``(C) Authorization of appropriations.--In addition to any funds made available under subsection (f), there are authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2022 through 2026.''. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY MEASURES. 1396 et seq.) 300u-6(g)(1))); and (L) the extent to which hospitals, health systems, midwifery practices, and birth centers are implementing existing maternity care quality measures. (6) Recommendations to improve and standardize current quality measures for maternity care, with a particular focus on racial and ethnic disparities in maternal health outcomes. (3) Pregnancy-related death.--The term ``pregnancy- related'', with respect to a death, means a death of a pregnant or postpartum individual that occurs during, or within 1 year following, the individual's pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. 247b-12(a)(2)(D)). 5304). (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. (B) Report.--The agreement entered into under subparagraph (A) shall require that the independent research organization or Tribal epidemiology center submit to the Director a report describing the results of the study conducted pursuant to that agreement by not later than 2 years after the date of enactment of this Act. (2) Contents of study.--The study conducted under paragraph (1) shall-- (A) examine the causes of maternal mortality and severe maternal morbidity that are unique to Indians and Alaska Natives; (B) include a systematic process of listening to the stories of pregnant and postpartum Indians and Alaska Natives to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within the Indian and Alaska Native communities; (C) identify the different settings in which pregnant and postpartum Indians and Alaska Natives receive maternity care, such as-- (i) facilities operated by the Indian Health Service; (ii) an Indian health program operated by an Indian Tribe or tribal organization pursuant to a grant from, or contract, cooperative agreement, or compact with, the Indian Health Service pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. ), and the State Children's Health Insurance Program established under title XXI of that Act (42 U.S.C. (2) Requirement.--In selecting members under paragraph (1), the Director shall ensure that each of the 12 service areas of the Indian Health Service is represented. SEC. 7. (b) Application.--To be eligible to receive a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

To improve the collection and review of maternal health data to address maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. 2. DEFINITIONS. (3) Perinatal health worker.--The term ``perinatal health worker'' means a doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter, or navigator. (4) Postpartum and postpartum period.--The terms ``postpartum'' and ``postpartum period'' refer to the 1-year period beginning on the last day of the pregnancy of an individual. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. (7) Social determinants of maternal health.--The term ``social determinants of maternal health'' means non-clinical factors that impact maternal health outcomes, including-- (A) economic factors, which may include poverty, employment, food security, support for and access to lactation and other infant feeding options, housing stability, and related factors; (B) neighborhood factors, which may include quality of housing, access to transportation, access to child care, availability of healthy foods and nutrition counseling, availability of clean water, air and water quality, ambient temperatures, neighborhood crime and violence, access to broadband, and related factors; (C) social and community factors, which may include systemic racism, gender discrimination or discrimination based on other protected classes, workplace conditions, incarceration, and related factors; (D) household factors, which may include ability to conduct lead testing and abatement, car seat installation, indoor air temperatures, and related factors; (E) education access and quality factors, which may include educational attainment, language and literacy, and related factors; and (F) health care access factors, including health insurance coverage, access to culturally congruent health care services, providers, and non-clinical support, access to home visiting services, access to wellness and stress management programs, health literacy, access to telehealth and items required to receive telehealth services, and related factors. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE REPRESENTATIVE COMMUNITY ENGAGEMENT. (a) In General.--Section 317K(d) of the Public Health Service Act (42 U.S.C. ``(B) Technical assistance.--The Secretary shall provide (either directly through the Department of Health and Human Services or by contract) technical assistance to any maternal mortality review committee receiving a grant under this paragraph on best practices for increasing the diversity of the maternal mortality review committee's membership and for conducting effective community engagement throughout the State or Tribe. ``(C) Authorization of appropriations.--In addition to any funds made available under subsection (f), there are authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2022 through 2026.''. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY MEASURES. 1396 et seq.) 300u-6(g)(1))); and (L) the extent to which hospitals, health systems, midwifery practices, and birth centers are implementing existing maternity care quality measures. (6) Recommendations to improve and standardize current quality measures for maternity care, with a particular focus on racial and ethnic disparities in maternal health outcomes. (3) Pregnancy-related death.--The term ``pregnancy- related'', with respect to a death, means a death of a pregnant or postpartum individual that occurs during, or within 1 year following, the individual's pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy. 247b-12(a)(2)(D)). 5304). (6) Urban indian organization.--The term ``urban Indian organization'' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. (B) Report.--The agreement entered into under subparagraph (A) shall require that the independent research organization or Tribal epidemiology center submit to the Director a report describing the results of the study conducted pursuant to that agreement by not later than 2 years after the date of enactment of this Act. (2) Contents of study.--The study conducted under paragraph (1) shall-- (A) examine the causes of maternal mortality and severe maternal morbidity that are unique to Indians and Alaska Natives; (B) include a systematic process of listening to the stories of pregnant and postpartum Indians and Alaska Natives to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within the Indian and Alaska Native communities; (C) identify the different settings in which pregnant and postpartum Indians and Alaska Natives receive maternity care, such as-- (i) facilities operated by the Indian Health Service; (ii) an Indian health program operated by an Indian Tribe or tribal organization pursuant to a grant from, or contract, cooperative agreement, or compact with, the Indian Health Service pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. ), and the State Children's Health Insurance Program established under title XXI of that Act (42 U.S.C. (2) Requirement.--In selecting members under paragraph (1), the Director shall ensure that each of the 12 service areas of the Indian Health Service is represented. SEC. 7. (b) Application.--To be eligible to receive a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (f) Minority-Serving Institutions Defined.--In this section, the term ``minority-serving institution'' has the meaning given the term in section 371(a) of the Higher Education Act of 1965 (20 U.S.C.

S.336

Public Lands and Natural Resources

This bill reauthorizes through FY2036 the authority of the Department of the Interior to make any grants or provide any financial assistance for the Ohio & Erie National Heritage Canalway in Ohio. The bill increases the total amount that may be appropriated for the canalway.

To amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY. Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826; 127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is amended-- (1) in section 809, by striking ``2021'' and inserting ``2036''; and (2) in section 810(a), by striking ``$20,000,000'' and inserting ``$30,000,000''. <all>

A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes.

A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes.

Sen. Brown, Sherrod

D

OH

This bill reauthorizes through FY2036 the authority of the Department of the Interior to make any grants or provide any financial assistance for the Ohio & Erie National Heritage Canalway in Ohio. The bill increases the total amount that may be appropriated for the canalway.

To amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY. Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826; 127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is amended-- (1) in section 809, by striking ``2021'' and inserting ``2036''; and (2) in section 810(a), by striking ``$20,000,000'' and inserting ``$30,000,000''. <all>

To amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY. Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826; 127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is amended-- (1) in section 809, by striking ``2021'' and inserting ``2036''; and (2) in section 810(a), by striking ``$20,000,000'' and inserting ``$30,000,000''. <all>

To amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY. Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826; 127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is amended-- (1) in section 809, by striking ``2021'' and inserting ``2036''; and (2) in section 810(a), by striking ``$20,000,000'' and inserting ``$30,000,000''. <all>

To amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY. Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826; 127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is amended-- (1) in section 809, by striking ``2021'' and inserting ``2036''; and (2) in section 810(a), by striking ``$20,000,000'' and inserting ``$30,000,000''. <all>

S.3573

International Affairs

This bill requires the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office (TECRO) to rename its office in Washington, DC, the Taiwan Representative Office. (The U.S.-Taiwan relationship is unofficial, and TECRO is Taiwan's principal representative office in the United States.)

To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the ``Taiwan Representative Office'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE. (a) Statement of Policy.--It shall be the policy of the United States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the ``Taipei Economic and Cultural Representative Office'' in the United States as the ``Taiwan Representative Office''. (b) Renaming.--The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the ``Taiwan Representative Office''. (c) References.--If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the United States Government, all courts of the United States, and any proceedings therein. (d) Rule of Construction.--Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. <all>

A bill to direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the "Taiwan Representative Office", and for other purposes.

A bill to direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the "Taiwan Representative Office", and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the "Taiwan Representative Office", and for other purposes.

Sen. Rubio, Marco

R

FL

This bill requires the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office (TECRO) to rename its office in Washington, DC, the Taiwan Representative Office. (The U.S.-Taiwan relationship is unofficial, and TECRO is Taiwan's principal representative office in the United States.)

To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the ``Taiwan Representative Office'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE. (a) Statement of Policy.--It shall be the policy of the United States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the ``Taipei Economic and Cultural Representative Office'' in the United States as the ``Taiwan Representative Office''. (b) Renaming.--The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the ``Taiwan Representative Office''. (c) References.--If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the United States Government, all courts of the United States, and any proceedings therein. (d) Rule of Construction.--Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. <all>

To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the ``Taiwan Representative Office'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE. (a) Statement of Policy.--It shall be the policy of the United States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the ``Taipei Economic and Cultural Representative Office'' in the United States as the ``Taiwan Representative Office''. (b) Renaming.--The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the ``Taiwan Representative Office''. (c) References.--If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the United States Government, all courts of the United States, and any proceedings therein. (d) Rule of Construction.--Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. <all>

To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the ``Taiwan Representative Office'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE. (a) Statement of Policy.--It shall be the policy of the United States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the ``Taipei Economic and Cultural Representative Office'' in the United States as the ``Taiwan Representative Office''. (b) Renaming.--The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the ``Taiwan Representative Office''. (c) References.--If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the United States Government, all courts of the United States, and any proceedings therein. (d) Rule of Construction.--Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. <all>

To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the ``Taiwan Representative Office'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE. (a) Statement of Policy.--It shall be the policy of the United States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the ``Taipei Economic and Cultural Representative Office'' in the United States as the ``Taiwan Representative Office''. (b) Renaming.--The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the ``Taiwan Representative Office''. (c) References.--If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the United States Government, all courts of the United States, and any proceedings therein. (d) Rule of Construction.--Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. <all>

S.1644

Health

Promising Pathway Act This bill establishes a provisional approval pathway for medicines intended for serious or life-threatening diseases, including illnesses posing a threat of epidemic or pandemic. The period of the provisional approval is for two years and is potentially renewable. The Food and Drug Administration (FDA) must establish a priority review system to evaluate completed provisional approval applications within 90 days of receipt. A provisional approval application may be approved if the FDA determines that (1) there is substantial evidence of safety for the drug; and (2) there is relevant early evidence of efficacy, based on adequate and well-controlled investigations. During the COVID-19 (i.e., coronavirus disease 2019) pandemic, or another epidemic or pandemic, the FDA must accept and review various portions of a provisional approval application on a rolling basis. The manufacturer of a provisionally approved drug must require patients to participate in an observational registry. A manufacturer that fails to comply with registry requirements is subject to civil penalties. A provisionally approved drug must be labeled as such. If a drug that receives provisional approval status is not brought to market within 180 days of the approval, the approval must be rescinded. The bill also limits the liability of a manufacturer of a provisionally approved drug with respect to any claim under state law alleging that the drug is unsafe or ineffective. Private health insurers and federal health care programs shall not deny coverage of a provisionally approved drug on the basis of it being experimental.

To amend the Federal Food, Drug, and Cosmetic Act to establish a time- limited provisional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promising Pathway Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The drugs and biological products intended to be reviewed under the pathway established under this Act are for the treatment and prevention of serious diseases or conditions, especially those for which there are no available on-label meaningful or disease-modifying treatments, where speed to access is critical. (2) The approval pathway established under this Act is intended to allow drug and biological product applications to be more rapidly reviewed by the U.S. Food and Drug Administration (FDA), with the FDA reviewing various portions of new drug and biological product applications as they become available. (3) The approval pathway established under this Act establishes a clear approval pathway that can be utilized by sponsors to receive rolling review of applications for drugs and biological products intended to treat serious diseases, including drugs and biological products intended to treat COVID-19 that reduce the risk of death, severe disease, and progression of symptoms in those exposed to the virus. (4) The approval pathway established under this Act will enable sponsors to receive early, time-limited, and provisional approval for drugs and biological products that have demonstrated substantial evidence of safety and relevant early evidence that establishes that the drug provides a positive therapeutic outcome. (5) The approval pathway established under this Act will allow for the use of real-world evidence and scientifically substantiated surrogates, other than those previously validated by the FDA, to predict the clinical benefits and ultimately support provisional approval. (6) Drugs and biological products granted provisional approval under the pathway established under this Act are limited to a 2-year approval period, renewable every 2 years, for up to 6 years. Full approval can awarded at any time, for any drug or biological product provisionally approved under this pathway that establishes a 15 percent improvement in an important endpoint compared to standard therapies. (7) The approval pathway established under this Act prohibits denial of coverage for any drug or biological product provisionally approved under this approval pathway on account of it being experimental. (8) Informed consent is required for any patients using a drug or biological product approved under the provisional approval pathway established under this Act. Any patients using a drug or biological product reviewed under this approval pathway must participate in an observational registry until those drugs or biological products receive full approval, with approval contingent on registry participation. (9) This Act requires that registries track aggregated, de- identified data that will be readily available to approved researchers for public health research purposes. (10) This Act creates, within the Office of the Commissioner at the FDA, the position of the Patient Advocate General to provide assistance to patients and their families utilizing drugs and biological products. SEC. 3. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS. (a) In General.--Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end of the following: ``SEC. 524B. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS. ``(a) Priority Review and Evaluation of Applications.-- ``(1) In general.--The Secretary shall establish a priority review system to evaluate applications submitted under this pathway for provisional approval within 90 days of receipt of a completed application. ``(2) Review of applications during epidemics and pandemics.--In the case of an epidemic or pandemic, including with respect to COVID-19, the Secretary shall accept and review various portions of an application submitted under the pathway under this section for provisional approval on a rolling basis, and the review of any part of an application so submitted shall be completed not later than 3 weeks after submission. ``(3) Other designations.--If a drug submitted for review under the pathway under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all benefits of such other designation shall be available for use under provisional approval, including any tax credits and waiving of fees under chapter VII. ``(b) Eligibility.--A drug may be eligible for provisional approval under this section if the Secretary determines that the drug is intended for the treatment, prevention, or medical diagnosis of-- ``(1) a serious or life-threatening disease or condition for which there is a reasonable likelihood that premature death will occur without early medical intervention for an individual contracting or being diagnosed with such disease or condition; or ``(2) a disease or condition that poses a threat of epidemic or pandemic. ``(c) Standard of Review for Approval.-- ``(1) Requirements.--An application for provisional approval under this section may be approved only if the Secretary determines that-- ``(A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and ``(B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that-- ``(i) the drug provides a positive therapeutic outcome; and ``(ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. ``(2) Protocols.--The Secretary shall promulgate rules that establish the appropriate protocols for a sponsor of an application for provisional approval under this section and the Commissioner to follow to enable rolling, real-time, mid-trial submission while preserving the integrity of the ongoing trial and without penalizing the sponsor for making use of this pathway. ``(3) Real world evidence.--The Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, to support an application for provisional approval under this section, and to fulfill the follow-up requirements and support applications for full approval as described under section 505 or section 351 of the Public Health Service Act, as applicable. ``(4) Use of scientifically substantiated surrogates.-- ``(A) In general.--The sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. ``(B) Definition.--In subparagraph (A), the term `scientifically substantiated surrogates' means surrogate endpoints to predict clinical benefit other than such endpoints previously validated by the Secretary, based on-- ``(i) epidemiologic, therapeutic, pathophysiologic, or other evidence; or ``(ii) an effect on a clinical endpoint other than survival or irreversible morbidity of interest. ``(d) Transparency and Patient Monitoring Requirements.-- ``(1) Registries.-- ``(A) In general.--The sponsor of a drug provisionally approved under this section shall require that all patients who use such drug participate in an observational registry and consent to the sponsor's collection, and submission to the registry, of data related to the patient's use of such drug until such drug receives full approval under section 505 or section 351 of the Public Health Service Act, or the provisional approval is rescinded. ``(B) Requirements for registries.--An observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or non-profit organization, and shall track all patients who use the provisionally approved drug. ``(C) Accessibility.--An observational registry described in subparagraph (A) shall be easily accessible for-- ``(i) all patients who are participating in any registry related to a provisionally approved drug that allows for easy, unrestricted (or transparent) access for such patients to their patient data and related information regarding their usage of the provisionally approved drug; and ``(ii) approved researchers and medical professionals who may access data maintained in the registry, which access shall be for public health research and only in a de-identified, aggregated manner. ``(2) Funding.--An observational registry under this subsection shall be maintained, as applicable-- ``(A) by the sponsor of the drug provisionally approved under this section that is the subject of the registry; ``(B) by a third party, such as a government, for profit, or nonprofit organization; or ``(C) the Federal Government, in the case of any drug so approved that is intended to treat a disease or condition associated with an epidemic or pandemic. ``(3) Sponsor requirements.-- ``(A) In general.--For any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. ``(B) Annual review of the registry; penalties.-- The Secretary shall conduct an annual review of observational registries established under this subsection. If, at such an annual review, less than 90 percent of patients are participating in an observational registry with respect to a drug approved under this section, the Secretary shall issue to the sponsor of such drug a civil monetary penalty of not more than $100,000. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. If application patient participation in an observational registry is not at or above 90 percent within 6 months of issuance of such penalty, the provisional approval shall be withdrawn. ``(4) Annual report to congress.--The Secretary shall submit an annual report to Congress on all drugs granted provisional approval under this section. Such report shall include-- ``(A) the number of patients treated with each such drug, and the number of patients tracked in an observational registry with respect to each such drug; ``(B) a discussion of the minimum amount of data required in the registries, including patient treatments and uses, length of use, side effects encountered, relevant biomarkers or scientifically substantiated surrogates, scan results, cause of death and how long the patient lived, and adverse drug effects; ``(C) a list of all such drugs for which an application for full approval under section 505 of this Act or section 351 of the Public Health Service Act, or an application for an extension of provisional approval under this section, has been submitted; and ``(D) a list of all applications denied provisional approval under this section, together with an explanation for the decisions to deny each such application. ``(e) Withdrawal of Provisional Approval.-- ``(1) In general.--The Secretary shall withdraw provisional approval under this section if there are a significant numbers of patients who experience serious adverse effects, compared to the other currently marketed on-label therapies that are available for the applicable disease or condition. ``(2) Effect of withdrawal.--If a provisional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may be allowed to continue to make such drug available to patients who started taking the drug prior to the date of withdrawal, for as long a period as dictated by patient need, as determined by the Secretary. ``(f) Transparency.--Any scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless-- ``(1) such article conveying research findings is made publicly available on the journal's internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and ``(2) the article's author or researcher or author's institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. ``(g) Informed Consent.--Prior to receiving a drug provisionally approved under this section, the sponsor of the drug shall receive from each patient, or the patient's representative, informed consent, through a signed informed consent form, acknowledging that such patient understands that the drug did not undergo the usual process for full approval of a drug by the Food and Drug Administration, and that such patient is willing to accept the risks involved in taking such drug. ``(h) Postmarket Controls and Labeling.-- ``(1) FDA annual review of registry data.--The Secretary shall annually review the data made available through the observational registries under subsection (d) and make a determination regarding whether the side effect profile of any drug approved under this pathway does not support the benefit provided, or the data shows the benefit is less than the benefits offered through other, fully approved drugs. ``(2) Labeling.--The sponsor of the provisionally approved drug shall ensure that all labeling and promotional materials for the drug bear the statement `provisionally approved by the FDA pending a full demonstration of effectiveness under application number ______' (specifying the application number assigned by the Secretary in place of the blank). All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. ``(3) Rescission of provisional approval.--If the Secretary determines that the side effect profile of any drug included in such observational registries does not support the benefit provided by such drug, or that the data shows that the benefit is less than the benefits offered through other, fully approved drugs, the Secretary shall rescind such provisional approval. ``(i) Duration of Provisional Approval; Requirement To Bring Drug to Market.-- ``(1) Duration; renewals.--The period of provisional approval for a drug approved under this section is effective for a 2-year period. The sponsor may request renewal for provisional approval status for up to 3 subsequent 2-year periods by the Secretary. Provisional approval status with respect to a drug shall not exceed a total of 6 years from the initial date the sponsor was awarded provisional approval status. ``(2) Marketing requirement.--If any drug that receives provisional approval status under this section is not brought to market within 180 days of the approval, such approval shall be rescinded. ``(j) Limitation on Liability.--With respect to any claim under State law alleging that a drug sold or otherwise made available pursuant to a grant of provisional approval under this section is unsafe or ineffective, no liability in a cause of action shall lie against a sponsor or manufacturer, unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law. ``(k) Applying for Full Approval.-- ``(1) In general.--Except as provided under paragraph (2), the sponsor of a drug granted provisional approval pursuant to this section may, at any point, submit an application for full approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act, as applicable. ``(2) Effect of recession on approval and automatic approval.-- ``(A) In general.--The sponsor of a drug granted provisional approval pursuant to this section that has been rescinded under subsection (h)(3), may submit an application for full approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act at any time. ``(B) Automatic approval.--Such full approval may be awarded at any time for any drug granted provisional approval pursuant to this section if the sponsor of the drug establishes a 15 percent improvement in an important endpoint, including surrogate endpoints not validated by the Food and Drug Administration, compared to a standard drug. ``(3) Real-time epidemic and pandemic vaccine approval.-- ``(A) In general.--In the case of a vaccine developed in response to an epidemic or pandemic, including COVID-19, the Secretary shall share data information regarding the approval of the vaccine with the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention as the review nears completion. ``(B) Evaluation.--Any vaccine that has been approved by the Secretary for an epidemic or pandemic- related disease, including COVID-19, shall be evaluated by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention not later than 1 week after the date of submission to the Advisory Committee by the Secretary of the vaccine. ``(l) Patient Advocate General.--Not later than 6 months after the date of enactment of the Promising Pathway Act, the Secretary shall establish within the Office of the Commissioner, the position of Patient Advocate General, who shall provide assistance to patients and their families who use drugs under evaluation in this pathway or drugs reviewed or approved under section 505 or section 351 of the Public Health Service Act. Such assistance shall include providing bi- informational communication about maintaining patient health, delivery of proper informed consent, participating in clinical investigations, completing required documentation in order to participate in the applicable programs, and providing other information.''. (b) Conforming Amendment.--Section 505(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(a)) is amended by inserting ``, or there is in effect a provisional approval under section 524B with respect to such drug'' before the period. (c) Reimbursement.-- (1) Private health insurers.--Section 2719A of the Public Health Service Act (42 U.S.C. 300gg-19a) is amended by adding at the end the following: ``(e) Treatment of Certain Drugs.--A group health plan or health insurance issuer of group or individual health insurance coverage shall not deny coverage of any drug provisionally approved under section 524B of the Federal Food, Drug, and Cosmetic Act on the basis of such drug being experimental. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act. Nothing in this subsection shall be construed to require a group health plan or health insurance issuer to cover any specific drug provisionally approved under such section 524B.''. (2) Federal health care programs.--The requirement under subsection (e) of section 2719A of the Public Health Service Act (as added by paragraph (1)) shall apply with respect to coverage determinations under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) in the same manner such requirement applies under such subsection (e). (3) Conforming amendment.--Section 1927(k)(2)(A)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)(A)(i)) is amended-- (A) by striking ``or which'' and inserting ``, which''; and (B) by inserting ``, or which is provisionally approved under section 524B of such Act'' before the semicolon. <all>

Promising Pathway Act

A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited provisional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes.

Promising Pathway Act

Sen. Braun, Mike

R

IN

This bill establishes a provisional approval pathway for medicines intended for serious or life-threatening diseases, including illnesses posing a threat of epidemic or pandemic. The period of the provisional approval is for two years and is potentially renewable. The Food and Drug Administration (FDA) must establish a priority review system to evaluate completed provisional approval applications within 90 days of receipt. A provisional approval application may be approved if the FDA determines that (1) there is substantial evidence of safety for the drug; and (2) there is relevant early evidence of efficacy, based on adequate and well-controlled investigations. During the COVID-19 (i.e., coronavirus disease 2019) pandemic, or another epidemic or pandemic, the FDA must accept and review various portions of a provisional approval application on a rolling basis. The manufacturer of a provisionally approved drug must require patients to participate in an observational registry. A manufacturer that fails to comply with registry requirements is subject to civil penalties. A provisionally approved drug must be labeled as such. If a drug that receives provisional approval status is not brought to market within 180 days of the approval, the approval must be rescinded. The bill also limits the liability of a manufacturer of a provisionally approved drug with respect to any claim under state law alleging that the drug is unsafe or ineffective. Private health insurers and federal health care programs shall not deny coverage of a provisionally approved drug on the basis of it being experimental.

This Act may be cited as the ``Promising Pathway Act''. 2. FINDINGS. Full approval can awarded at any time, for any drug or biological product provisionally approved under this pathway that establishes a 15 percent improvement in an important endpoint compared to standard therapies. (10) This Act creates, within the Office of the Commissioner at the FDA, the position of the Patient Advocate General to provide assistance to patients and their families utilizing drugs and biological products. SEC. 351 et seq.) 524B. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS. ``(4) Use of scientifically substantiated surrogates.-- ``(A) In general.--The sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. ``(3) Sponsor requirements.-- ``(A) In general.--For any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. ``(B) Annual review of the registry; penalties.-- The Secretary shall conduct an annual review of observational registries established under this subsection. ``(f) Transparency.--Any scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless-- ``(1) such article conveying research findings is made publicly available on the journal's internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and ``(2) the article's author or researcher or author's institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. ``(B) Evaluation.--Any vaccine that has been approved by the Secretary for an epidemic or pandemic- related disease, including COVID-19, shall be evaluated by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention not later than 1 week after the date of submission to the Advisory Committee by the Secretary of the vaccine. 355(a)) is amended by inserting ``, or there is in effect a provisional approval under section 524B with respect to such drug'' before the period. (c) Reimbursement.-- (1) Private health insurers.--Section 2719A of the Public Health Service Act (42 U.S.C. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act.

This Act may be cited as the ``Promising Pathway Act''. 2. FINDINGS. Full approval can awarded at any time, for any drug or biological product provisionally approved under this pathway that establishes a 15 percent improvement in an important endpoint compared to standard therapies. (10) This Act creates, within the Office of the Commissioner at the FDA, the position of the Patient Advocate General to provide assistance to patients and their families utilizing drugs and biological products. SEC. 351 et seq.) 524B. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS. ``(4) Use of scientifically substantiated surrogates.-- ``(A) In general.--The sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. ``(3) Sponsor requirements.-- ``(A) In general.--For any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. ``(B) Annual review of the registry; penalties.-- The Secretary shall conduct an annual review of observational registries established under this subsection. ``(B) Evaluation.--Any vaccine that has been approved by the Secretary for an epidemic or pandemic- related disease, including COVID-19, shall be evaluated by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention not later than 1 week after the date of submission to the Advisory Committee by the Secretary of the vaccine. 355(a)) is amended by inserting ``, or there is in effect a provisional approval under section 524B with respect to such drug'' before the period. (c) Reimbursement.-- (1) Private health insurers.--Section 2719A of the Public Health Service Act (42 U.S.C. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act.

This Act may be cited as the ``Promising Pathway Act''. 2. FINDINGS. (6) Drugs and biological products granted provisional approval under the pathway established under this Act are limited to a 2-year approval period, renewable every 2 years, for up to 6 years. Full approval can awarded at any time, for any drug or biological product provisionally approved under this pathway that establishes a 15 percent improvement in an important endpoint compared to standard therapies. (10) This Act creates, within the Office of the Commissioner at the FDA, the position of the Patient Advocate General to provide assistance to patients and their families utilizing drugs and biological products. SEC. 351 et seq.) 524B. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS. ``(c) Standard of Review for Approval.-- ``(1) Requirements.--An application for provisional approval under this section may be approved only if the Secretary determines that-- ``(A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and ``(B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that-- ``(i) the drug provides a positive therapeutic outcome; and ``(ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. ``(4) Use of scientifically substantiated surrogates.-- ``(A) In general.--The sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. ``(3) Sponsor requirements.-- ``(A) In general.--For any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. ``(B) Annual review of the registry; penalties.-- The Secretary shall conduct an annual review of observational registries established under this subsection. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. ``(f) Transparency.--Any scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless-- ``(1) such article conveying research findings is made publicly available on the journal's internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and ``(2) the article's author or researcher or author's institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. ``(B) Evaluation.--Any vaccine that has been approved by the Secretary for an epidemic or pandemic- related disease, including COVID-19, shall be evaluated by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention not later than 1 week after the date of submission to the Advisory Committee by the Secretary of the vaccine. 355(a)) is amended by inserting ``, or there is in effect a provisional approval under section 524B with respect to such drug'' before the period. (c) Reimbursement.-- (1) Private health insurers.--Section 2719A of the Public Health Service Act (42 U.S.C. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 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 ``Promising Pathway Act''. 2. FINDINGS. Congress finds as follows: (1) The drugs and biological products intended to be reviewed under the pathway established under this Act are for the treatment and prevention of serious diseases or conditions, especially those for which there are no available on-label meaningful or disease-modifying treatments, where speed to access is critical. (5) The approval pathway established under this Act will allow for the use of real-world evidence and scientifically substantiated surrogates, other than those previously validated by the FDA, to predict the clinical benefits and ultimately support provisional approval. (6) Drugs and biological products granted provisional approval under the pathway established under this Act are limited to a 2-year approval period, renewable every 2 years, for up to 6 years. Full approval can awarded at any time, for any drug or biological product provisionally approved under this pathway that establishes a 15 percent improvement in an important endpoint compared to standard therapies. (10) This Act creates, within the Office of the Commissioner at the FDA, the position of the Patient Advocate General to provide assistance to patients and their families utilizing drugs and biological products. SEC. 351 et seq.) 524B. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS. ``(c) Standard of Review for Approval.-- ``(1) Requirements.--An application for provisional approval under this section may be approved only if the Secretary determines that-- ``(A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and ``(B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that-- ``(i) the drug provides a positive therapeutic outcome; and ``(ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. ``(4) Use of scientifically substantiated surrogates.-- ``(A) In general.--The sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. ``(B) Requirements for registries.--An observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or non-profit organization, and shall track all patients who use the provisionally approved drug. ``(3) Sponsor requirements.-- ``(A) In general.--For any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. ``(B) Annual review of the registry; penalties.-- The Secretary shall conduct an annual review of observational registries established under this subsection. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. ``(f) Transparency.--Any scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless-- ``(1) such article conveying research findings is made publicly available on the journal's internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and ``(2) the article's author or researcher or author's institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. ``(B) Evaluation.--Any vaccine that has been approved by the Secretary for an epidemic or pandemic- related disease, including COVID-19, shall be evaluated by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention not later than 1 week after the date of submission to the Advisory Committee by the Secretary of the vaccine. Such assistance shall include providing bi- informational communication about maintaining patient health, delivery of proper informed consent, participating in clinical investigations, completing required documentation in order to participate in the applicable programs, and providing other information.''. 355(a)) is amended by inserting ``, or there is in effect a provisional approval under section 524B with respect to such drug'' before the period. (c) Reimbursement.-- (1) Private health insurers.--Section 2719A of the Public Health Service Act (42 U.S.C. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act. 1320a-7b(f))) in the same manner such requirement applies under such subsection (e). (3) Conforming amendment.--Section 1927(k)(2)(A)(i) of the Social Security Act (42 U.S.C.

H.R.6447

Government Operations and Politics

Financial Accountability for Uniquely Compensated Individuals Act or the FAUCI Act This bill broadens the scope of executive branch employees and officers whose financial disclosures are subject to automatic electronic publication by including highly compensated executive branch officers and employees. The bill also requires the Office of Government Ethics to provide public access to a list of highly compensated executive branch officers and employees who file confidential financial disclosures under existing law, including the specific types of information disclosed in the confidential report.

To amend the STOCK Act to require the public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers, and for other purposes. Be it enacted by the Senate 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 Accountability for Uniquely Compensated Individuals Act'' or the ``FAUCI Act''. SEC. 2. PUBLIC AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF CERTAIN SPECIAL CONSULTANTS AND INFORMATION RELATING TO CERTAIN CONFIDENTIAL FILERS. (a) In General.--Section 11(b)(1) of the STOCK Act (Public Law 112- 105; 5 U.S.C. App. 105 note) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, through databases maintained on the official website of the Office of Government Ethics'' after ``enable''; (2) by striking the undesignated matter following subparagraph (B); and (3) in subparagraph (B)-- (A) in each of clauses (i) and (iii), by striking the comma at the end of the clause and inserting a semicolon; (B) in clause (i), by inserting ``any officer or employee in the executive branch (including a special Government employee (as defined in section 202 of title 18, United States Code) and any special consultant appointed under section 207(f) of the Public Health Service Act (42 U.S.C. 209(f))) whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501),'' before ``and any officer''; (C) in clause (ii), by striking ``, and'' at the end and inserting a semicolon; (D) in clause (iii), by adding ``and'' at the end; and (E) by inserting after clause (iii) the following: ``(iv) a list of the name, position, and salary of each individual whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) that filed a confidential financial disclosure report under section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including a description of the specific type of information included in the financial disclosure report filed by the individual.''. (b) Applicable Deadlines.--The Director of the Office of Government Ethics shall publish on the public website of the Office of Government Ethics any information with respect to which public access is required by an amendment made by subsection (a)-- (1) not later than 45 days after the date of enactment of this Act, in the case of information required for calendar year 2020; (2) not later than 180 days after the date of enactment of this Act, in the case of information required for each of calendar years 2017 through 2019; (3) not later than 1 year after the date of enactment of this Act, in the case of information required for each of calendar years 2014 through 2016; (4) not later than May 15, 2022, in the case of information required for calendar year 2021; (5) not later than 30 days after the date on which the financial disclosure is filed, in the case of information required by an amendment made by subsection (a)(3)(B) for calendar year 2022 and each calendar year thereafter; and (6) not later than May 15 of the subsequent calendar year, in the case of information required by an amendment made by subsection (a)(3)(E) for calendar year 2022 and each calendar year thereafter. <all>

FAUCI Act

To amend the STOCK Act to require the public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers, and for other purposes.

FAUCI Act Financial Accountability for Uniquely Compensated Individuals Act

Rep. Gooden, Lance

R

TX

This bill broadens the scope of executive branch employees and officers whose financial disclosures are subject to automatic electronic publication by including highly compensated executive branch officers and employees. The bill also requires the Office of Government Ethics to provide public access to a list of highly compensated executive branch officers and employees who file confidential financial disclosures under existing law, including the specific types of information disclosed in the confidential report.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Accountability for Uniquely Compensated Individuals Act'' or the ``FAUCI Act''. SEC. PUBLIC AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF CERTAIN SPECIAL CONSULTANTS AND INFORMATION RELATING TO CERTAIN CONFIDENTIAL FILERS. (a) In General.--Section 11(b)(1) of the STOCK Act (Public Law 112- 105; 5 U.S.C. 105 note) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, through databases maintained on the official website of the Office of Government Ethics'' after ``enable''; (2) by striking the undesignated matter following subparagraph (B); and (3) in subparagraph (B)-- (A) in each of clauses (i) and (iii), by striking the comma at the end of the clause and inserting a semicolon; (B) in clause (i), by inserting ``any officer or employee in the executive branch (including a special Government employee (as defined in section 202 of title 18, United States Code) and any special consultant appointed under section 207(f) of the Public Health Service Act (42 U.S.C. 209(f))) whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) that filed a confidential financial disclosure report under section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App. ), including a description of the specific type of information included in the financial disclosure report filed by the individual.''. (b) Applicable Deadlines.--The Director of the Office of Government Ethics shall publish on the public website of the Office of Government Ethics any information with respect to which public access is required by an amendment made by subsection (a)-- (1) not later than 45 days after the date of enactment of this Act, in the case of information required for calendar year 2020; (2) not later than 180 days after the date of enactment of this Act, in the case of information required for each of calendar years 2017 through 2019; (3) not later than 1 year after the date of enactment of this Act, in the case of information required for each of calendar years 2014 through 2016; (4) not later than May 15, 2022, in the case of information required for calendar year 2021; (5) not later than 30 days after the date on which the financial disclosure is filed, in the case of information required by an amendment made by subsection (a)(3)(B) for calendar year 2022 and each calendar year thereafter; and (6) not later than May 15 of the subsequent calendar year, in the case of information required by an amendment made by subsection (a)(3)(E) for calendar year 2022 and each calendar year thereafter.

SHORT TITLE. PUBLIC AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF CERTAIN SPECIAL CONSULTANTS AND INFORMATION RELATING TO CERTAIN CONFIDENTIAL FILERS. 209(f))) whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. App. (b) Applicable Deadlines.--The Director of the Office of Government Ethics shall publish on the public website of the Office of Government Ethics any information with respect to which public access is required by an amendment made by subsection (a)-- (1) not later than 45 days after the date of enactment of this Act, in the case of information required for calendar year 2020; (2) not later than 180 days after the date of enactment of this Act, in the case of information required for each of calendar years 2017 through 2019; (3) not later than 1 year after the date of enactment of this Act, in the case of information required for each of calendar years 2014 through 2016; (4) not later than May 15, 2022, in the case of information required for calendar year 2021; (5) not later than 30 days after the date on which the financial disclosure is filed, in the case of information required by an amendment made by subsection (a)(3)(B) for calendar year 2022 and each calendar year thereafter; and (6) not later than May 15 of the subsequent calendar year, in the case of information required by an amendment made by subsection (a)(3)(E) for calendar year 2022 and each calendar year thereafter.

To amend the STOCK Act to require the public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers, and for other purposes. Be it enacted by the Senate 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 Accountability for Uniquely Compensated Individuals Act'' or the ``FAUCI Act''. SEC. 2. PUBLIC AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF CERTAIN SPECIAL CONSULTANTS AND INFORMATION RELATING TO CERTAIN CONFIDENTIAL FILERS. (a) In General.--Section 11(b)(1) of the STOCK Act (Public Law 112- 105; 5 U.S.C. App. 105 note) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, through databases maintained on the official website of the Office of Government Ethics'' after ``enable''; (2) by striking the undesignated matter following subparagraph (B); and (3) in subparagraph (B)-- (A) in each of clauses (i) and (iii), by striking the comma at the end of the clause and inserting a semicolon; (B) in clause (i), by inserting ``any officer or employee in the executive branch (including a special Government employee (as defined in section 202 of title 18, United States Code) and any special consultant appointed under section 207(f) of the Public Health Service Act (42 U.S.C. 209(f))) whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501),'' before ``and any officer''; (C) in clause (ii), by striking ``, and'' at the end and inserting a semicolon; (D) in clause (iii), by adding ``and'' at the end; and (E) by inserting after clause (iii) the following: ``(iv) a list of the name, position, and salary of each individual whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) that filed a confidential financial disclosure report under section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including a description of the specific type of information included in the financial disclosure report filed by the individual.''. (b) Applicable Deadlines.--The Director of the Office of Government Ethics shall publish on the public website of the Office of Government Ethics any information with respect to which public access is required by an amendment made by subsection (a)-- (1) not later than 45 days after the date of enactment of this Act, in the case of information required for calendar year 2020; (2) not later than 180 days after the date of enactment of this Act, in the case of information required for each of calendar years 2017 through 2019; (3) not later than 1 year after the date of enactment of this Act, in the case of information required for each of calendar years 2014 through 2016; (4) not later than May 15, 2022, in the case of information required for calendar year 2021; (5) not later than 30 days after the date on which the financial disclosure is filed, in the case of information required by an amendment made by subsection (a)(3)(B) for calendar year 2022 and each calendar year thereafter; and (6) not later than May 15 of the subsequent calendar year, in the case of information required by an amendment made by subsection (a)(3)(E) for calendar year 2022 and each calendar year thereafter. <all>

To amend the STOCK Act to require the public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers, and for other purposes. Be it enacted by the Senate 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 Accountability for Uniquely Compensated Individuals Act'' or the ``FAUCI Act''. SEC. 2. PUBLIC AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF CERTAIN SPECIAL CONSULTANTS AND INFORMATION RELATING TO CERTAIN CONFIDENTIAL FILERS. (a) In General.--Section 11(b)(1) of the STOCK Act (Public Law 112- 105; 5 U.S.C. App. 105 note) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, through databases maintained on the official website of the Office of Government Ethics'' after ``enable''; (2) by striking the undesignated matter following subparagraph (B); and (3) in subparagraph (B)-- (A) in each of clauses (i) and (iii), by striking the comma at the end of the clause and inserting a semicolon; (B) in clause (i), by inserting ``any officer or employee in the executive branch (including a special Government employee (as defined in section 202 of title 18, United States Code) and any special consultant appointed under section 207(f) of the Public Health Service Act (42 U.S.C. 209(f))) whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501),'' before ``and any officer''; (C) in clause (ii), by striking ``, and'' at the end and inserting a semicolon; (D) in clause (iii), by adding ``and'' at the end; and (E) by inserting after clause (iii) the following: ``(iv) a list of the name, position, and salary of each individual whose annual rate of pay is equal to or greater than the annual rate of pay for a Member of Congress under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) that filed a confidential financial disclosure report under section 107(a)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including a description of the specific type of information included in the financial disclosure report filed by the individual.''. (b) Applicable Deadlines.--The Director of the Office of Government Ethics shall publish on the public website of the Office of Government Ethics any information with respect to which public access is required by an amendment made by subsection (a)-- (1) not later than 45 days after the date of enactment of this Act, in the case of information required for calendar year 2020; (2) not later than 180 days after the date of enactment of this Act, in the case of information required for each of calendar years 2017 through 2019; (3) not later than 1 year after the date of enactment of this Act, in the case of information required for each of calendar years 2014 through 2016; (4) not later than May 15, 2022, in the case of information required for calendar year 2021; (5) not later than 30 days after the date on which the financial disclosure is filed, in the case of information required by an amendment made by subsection (a)(3)(B) for calendar year 2022 and each calendar year thereafter; and (6) not later than May 15 of the subsequent calendar year, in the case of information required by an amendment made by subsection (a)(3)(E) for calendar year 2022 and each calendar year thereafter. <all>

H.R.2431

Environmental Protection

Voices for Environmental Justice Act This bill authorizes the Environmental Protection Agency (EPA) to award grants to eligible entities to participate in decisions impacting the health and safety of their communities in connection with an actual or potential release of a covered hazardous air pollutant. Additionally, the bill authorizes the EPA to award grants to eligible entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. An eligible entity must be a group of individuals who reside in a community that (1) is a population or community of color, an indigenous community, or a low-income community; and (2) is in close proximity to the site of an actual or potential release of a covered hazardous air pollutant. Covered hazardous air pollutants include those listed on the Toxics Release Inventory or those identified as carcinogenic by an assessment under the Integrated Risk Information System of the EPA.

To authorize the Administrator of the Environmental Protection Agency to award grants to entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with the release of certain hazardous air pollutants and the permitting of solid waste disposal facilities and hazardous waste facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Voices for Environmental Justice Act''. SEC. 2. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following new section: ``SEC. 330. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. ``(a) In General.--The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with an actual or potential release of a covered hazardous air pollutant. ``(b) Timing.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. ``(2) First grant.--Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. ``(c) Eligible Entity.--To be eligible for a grant under this section, an applicant shall be a group of individuals who reside in a community that-- ``(1) is a population of color, a community of color, an indigenous community, or a low-income community; and ``(2) is in close proximity to the site of an actual or potential release of a covered hazardous air pollutant. ``(d) Use of Funds.--An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved in connection with an actual or potential release of a covered hazardous air pollutant, including-- ``(1) interpreting information with regard to the nature of the hazard, cumulative impacts studies, health impacts studies, remedial investigation and feasibility studies, agency decisions, remedial design, and operation and maintenance of necessary monitors; and ``(2) performing additional air pollution monitoring. ``(e) Limitations on Amount; Renewal.-- ``(1) Amount.-- ``(A) In general.--The amount of a grant under this section (excluding any renewals of the grant) may not exceed $50,000 for any grant recipient. ``(B) Exception.--The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. ``(2) Renewal.--Grants may be renewed for each step in the regulatory, removal, or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant. ``(f) Definitions.--In this section: ``(1) The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(2) The term `covered hazardous air pollutant' means a hazardous air pollutant (as defined in section 112 of the Clean Air Act) that-- ``(A) is listed on the toxics release inventory under section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986; or ``(B) is identified as carcinogenic by an assessment under the Integrated Risk Information System (IRIS) of the Environmental Protection Agency. ``(3) The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. ``(4) The term `low income' means an annual household income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. ``(5) The term `population of color' means a population of individuals who identify as-- ``(A) Black; ``(B) African American; ``(C) Asian; ``(D) Pacific Islander; ``(E) another non-White race; ``(F) Hispanic; ``(G) Latino; or ``(H) linguistically isolated.''. SEC. 3. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE DISPOSAL TECHNICAL ASSISTANCE GRANTS. (a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. ``(a) In General.--The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. ``(b) Timing.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. ``(2) First grant.--Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. ``(c) Eligible Entity.--To be eligible for a grant under this section, an applicant shall be a group of individuals who reside in a community that-- ``(1) is a population of color, a community of color, an indigenous community, or a low-income community; and ``(2) is in close proximity to a facility described in subsection (a) for which a decision relating to a permit or permit renewal for such facility is required. ``(d) Use of Funds.--An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved that are related to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility, including-- ``(1) interpreting information with regard to-- ``(A) cumulative impacts studies; ``(B) health impacts studies; ``(C) relevant agency decisions; and ``(D) operation and maintenance of necessary monitors; and ``(2) performing environmental monitoring. ``(e) Limitations on Amount; Renewal.-- ``(1) Amount.-- ``(A) In general.--The amount of a grant under this section (excluding any renewals of the grant) may not exceed $50,000 for any grant recipient. ``(B) Exception.--The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. ``(2) Renewal.--Grants may be renewed for each step in the process for the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. ``(f) Definitions.--In this section: ``(1) The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(2) The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. ``(3) The term `low income' means an annual household income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. ``(4) The term `population of color' means a population of individuals who identify as-- ``(A) Black; ``(B) African American; ``(C) Asian; ``(D) Pacific Islander; ``(E) another non-White race; ``(F) Hispanic; ``(G) Latino; or ``(H) linguistically isolated.''. (b) Clerical Amendment.--The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 4010 the following: ``Sec. 4011. Environmental justice community technical assistance grants.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out section 330 of the Clean Air Act (as added by section 2 of this Act) and section 4011 of the Solid Waste Disposal Act (as added by section 3 of this Act) $5,000,000 for each of fiscal years 2022 through 2026. <all>

Voices for Environmental Justice Act

To authorize the Administrator of the Environmental Protection Agency to award grants to entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with the release of certain hazardous air pollutants and the permitting of solid waste disposal facilities and hazardous waste facilities, and for other purposes.

Voices for Environmental Justice Act

Rep. Ruiz, Raul

D

CA

This bill authorizes the Environmental Protection Agency (EPA) to award grants to eligible entities to participate in decisions impacting the health and safety of their communities in connection with an actual or potential release of a covered hazardous air pollutant. Additionally, the bill authorizes the EPA to award grants to eligible entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. An eligible entity must be a group of individuals who reside in a community that (1) is a population or community of color, an indigenous community, or a low-income community; and (2) is in close proximity to the site of an actual or potential release of a covered hazardous air pollutant. Covered hazardous air pollutants include those listed on the Toxics Release Inventory or those identified as carcinogenic by an assessment under the Integrated Risk Information System of the EPA.

2. Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) 330. ``(d) Use of Funds.--An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved in connection with an actual or potential release of a covered hazardous air pollutant, including-- ``(1) interpreting information with regard to the nature of the hazard, cumulative impacts studies, health impacts studies, remedial investigation and feasibility studies, agency decisions, remedial design, and operation and maintenance of necessary monitors; and ``(2) performing additional air pollution monitoring. ``(2) Renewal.--Grants may be renewed for each step in the regulatory, removal, or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant. ``(4) The term `low income' means an annual household income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. ``(5) The term `population of color' means a population of individuals who identify as-- ``(A) Black; ``(B) African American; ``(C) Asian; ``(D) Pacific Islander; ``(E) another non-White race; ``(F) Hispanic; ``(G) Latino; or ``(H) linguistically isolated.''. 3. is amended by adding at the end the following new section: ``SEC. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. ``(a) In General.--The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. ``(b) Timing.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. ``(2) First grant.--Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. ``(B) Exception.--The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. ``(f) Definitions.--In this section: ``(1) The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(2) The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. 4011. SEC. AUTHORIZATION OF APPROPRIATIONS.

2. Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) 330. ``(2) Renewal.--Grants may be renewed for each step in the regulatory, removal, or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant. ``(4) The term `low income' means an annual household income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. 3. is amended by adding at the end the following new section: ``SEC. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. ``(a) In General.--The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. ``(b) Timing.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. ``(B) Exception.--The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. ``(f) Definitions.--In this section: ``(1) The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(2) The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. 4011. SEC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) 330. ``(d) Use of Funds.--An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved in connection with an actual or potential release of a covered hazardous air pollutant, including-- ``(1) interpreting information with regard to the nature of the hazard, cumulative impacts studies, health impacts studies, remedial investigation and feasibility studies, agency decisions, remedial design, and operation and maintenance of necessary monitors; and ``(2) performing additional air pollution monitoring. ``(2) Renewal.--Grants may be renewed for each step in the regulatory, removal, or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant. ``(2) The term `covered hazardous air pollutant' means a hazardous air pollutant (as defined in section 112 of the Clean Air Act) that-- ``(A) is listed on the toxics release inventory under section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986; or ``(B) is identified as carcinogenic by an assessment under the Integrated Risk Information System (IRIS) of the Environmental Protection Agency. ``(4) The term `low income' means an annual household income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. ``(5) The term `population of color' means a population of individuals who identify as-- ``(A) Black; ``(B) African American; ``(C) Asian; ``(D) Pacific Islander; ``(E) another non-White race; ``(F) Hispanic; ``(G) Latino; or ``(H) linguistically isolated.''. 3. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. ``(a) In General.--The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. ``(b) Timing.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. ``(2) First grant.--Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. ``(e) Limitations on Amount; Renewal.-- ``(1) Amount.-- ``(A) In general.--The amount of a grant under this section (excluding any renewals of the grant) may not exceed $50,000 for any grant recipient. ``(B) Exception.--The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. ``(f) Definitions.--In this section: ``(1) The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(2) The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. (b) Clerical Amendment.--The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 4010 the following: ``Sec. 4011. SEC. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out section 330 of the Clean Air Act (as added by section 2 of this Act) and section 4011 of the Solid Waste Disposal Act (as added by section 3 of this Act) $5,000,000 for each of fiscal years 2022 through 2026.

To authorize the Administrator of the Environmental Protection Agency to award grants to entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with the release of certain hazardous air pollutants and the permitting of solid waste disposal facilities and hazardous waste facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Voices for Environmental Justice Act''. 2. Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) 330. ``(d) Use of Funds.--An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved in connection with an actual or potential release of a covered hazardous air pollutant, including-- ``(1) interpreting information with regard to the nature of the hazard, cumulative impacts studies, health impacts studies, remedial investigation and feasibility studies, agency decisions, remedial design, and operation and maintenance of necessary monitors; and ``(2) performing additional air pollution monitoring. ``(2) Renewal.--Grants may be renewed for each step in the regulatory, removal, or remediation process in connection with a facility with the potential to release a covered hazardous air pollutant. ``(2) The term `covered hazardous air pollutant' means a hazardous air pollutant (as defined in section 112 of the Clean Air Act) that-- ``(A) is listed on the toxics release inventory under section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986; or ``(B) is identified as carcinogenic by an assessment under the Integrated Risk Information System (IRIS) of the Environmental Protection Agency. ``(4) The term `low income' means an annual household income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. ``(5) The term `population of color' means a population of individuals who identify as-- ``(A) Black; ``(B) African American; ``(C) Asian; ``(D) Pacific Islander; ``(E) another non-White race; ``(F) Hispanic; ``(G) Latino; or ``(H) linguistically isolated.''. 3. (a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS. ``(a) In General.--The Administrator may award grants to eligible entities to enable such entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility. ``(b) Timing.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the process for eligible entities to apply for a grant under this section, including the required content and form of applications, the manner in which applications must be submitted, and any applicable deadlines. ``(2) First grant.--Not later than 180 days after the issuance of guidance under paragraph (1), the Administrator shall award the first grant under this section. ``(c) Eligible Entity.--To be eligible for a grant under this section, an applicant shall be a group of individuals who reside in a community that-- ``(1) is a population of color, a community of color, an indigenous community, or a low-income community; and ``(2) is in close proximity to a facility described in subsection (a) for which a decision relating to a permit or permit renewal for such facility is required. ``(d) Use of Funds.--An eligible entity receiving a grant under this section shall use the grant to participate in decisions impacting the health and safety of the community involved that are related to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility, including-- ``(1) interpreting information with regard to-- ``(A) cumulative impacts studies; ``(B) health impacts studies; ``(C) relevant agency decisions; and ``(D) operation and maintenance of necessary monitors; and ``(2) performing environmental monitoring. ``(e) Limitations on Amount; Renewal.-- ``(1) Amount.-- ``(A) In general.--The amount of a grant under this section (excluding any renewals of the grant) may not exceed $50,000 for any grant recipient. ``(B) Exception.--The Administrator may waive the limitation in subparagraph (A) with respect to an applicant in any case where the Administrator determines that such waiver is necessary for the community involved to obtain the necessary technical assistance. ``(f) Definitions.--In this section: ``(1) The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(2) The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. (b) Clerical Amendment.--The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 4010 the following: ``Sec. 4011. SEC. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out section 330 of the Clean Air Act (as added by section 2 of this Act) and section 4011 of the Solid Waste Disposal Act (as added by section 3 of this Act) $5,000,000 for each of fiscal years 2022 through 2026.

H.R.555

Crime and Law Enforcement

Protecting the Dignity of Unborn Children Act of 2021 This bill establishes a new criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States. The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion. A violator is subject to a fine, up to three years in prison, or both.

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. Be it enacted by the Senate 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 the Dignity of Unborn Children Act of 2021''. SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS. Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS ``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. ``(a) In General.--Whoever recklessly disposes of or abandons fetal remains in a landfill or in any of the navigable waters of the United States shall be imprisoned not more than 3 years or fined under this title, or both. ``(b) Rule of Construction.--Nothing in this section shall be construed to authorize the prosecution of any woman for the disposal of the remains of her unborn child. ``(c) Definitions.--In this section: ``(1) Fetal remains.--The term `fetal remains' means any part of a human fetus that is deceased by reason of an abortion, but does not include any such part that has been cremated. ``(2) Landfill.--The term `landfill' means a sanitary landfill, as such term is defined in section 1004(26) of the Solid Waste Disposal Act. ``(3) Navigable waters.--The term `navigable waters' has the meaning given such term in section 502(7) of the Federal Water Pollution Control Act.''. <all>

Protecting the Dignity of Unborn Children Act of 2021

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes.

Protecting the Dignity of Unborn Children Act of 2021

Rep. Latta, Robert E.

R

OH

This bill establishes a new criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States. The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion. A violator is subject to a fine, up to three years in prison, or both.

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. Be it enacted by the Senate 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 the Dignity of Unborn Children Act of 2021''. SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS. Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS ``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. ``(a) In General.--Whoever recklessly disposes of or abandons fetal remains in a landfill or in any of the navigable waters of the United States shall be imprisoned not more than 3 years or fined under this title, or both. ``(b) Rule of Construction.--Nothing in this section shall be construed to authorize the prosecution of any woman for the disposal of the remains of her unborn child. ``(c) Definitions.--In this section: ``(1) Fetal remains.--The term `fetal remains' means any part of a human fetus that is deceased by reason of an abortion, but does not include any such part that has been cremated. ``(2) Landfill.--The term `landfill' means a sanitary landfill, as such term is defined in section 1004(26) of the Solid Waste Disposal Act. ``(3) Navigable waters.--The term `navigable waters' has the meaning given such term in section 502(7) of the Federal Water Pollution Control Act.''. <all>

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. Be it enacted by the Senate 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 the Dignity of Unborn Children Act of 2021''. SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS. Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS ``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. ``(a) In General.--Whoever recklessly disposes of or abandons fetal remains in a landfill or in any of the navigable waters of the United States shall be imprisoned not more than 3 years or fined under this title, or both. ``(b) Rule of Construction.--Nothing in this section shall be construed to authorize the prosecution of any woman for the disposal of the remains of her unborn child. ``(c) Definitions.--In this section: ``(1) Fetal remains.--The term `fetal remains' means any part of a human fetus that is deceased by reason of an abortion, but does not include any such part that has been cremated. ``(2) Landfill.--The term `landfill' means a sanitary landfill, as such term is defined in section 1004(26) of the Solid Waste Disposal Act. ``(3) Navigable waters.--The term `navigable waters' has the meaning given such term in section 502(7) of the Federal Water Pollution Control Act.''. <all>

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. Be it enacted by the Senate 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 the Dignity of Unborn Children Act of 2021''. SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS. Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS ``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. ``(a) In General.--Whoever recklessly disposes of or abandons fetal remains in a landfill or in any of the navigable waters of the United States shall be imprisoned not more than 3 years or fined under this title, or both. ``(b) Rule of Construction.--Nothing in this section shall be construed to authorize the prosecution of any woman for the disposal of the remains of her unborn child. ``(c) Definitions.--In this section: ``(1) Fetal remains.--The term `fetal remains' means any part of a human fetus that is deceased by reason of an abortion, but does not include any such part that has been cremated. ``(2) Landfill.--The term `landfill' means a sanitary landfill, as such term is defined in section 1004(26) of the Solid Waste Disposal Act. ``(3) Navigable waters.--The term `navigable waters' has the meaning given such term in section 502(7) of the Federal Water Pollution Control Act.''. <all>

To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. Be it enacted by the Senate 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 the Dignity of Unborn Children Act of 2021''. SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS. Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS ``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. ``(a) In General.--Whoever recklessly disposes of or abandons fetal remains in a landfill or in any of the navigable waters of the United States shall be imprisoned not more than 3 years or fined under this title, or both. ``(b) Rule of Construction.--Nothing in this section shall be construed to authorize the prosecution of any woman for the disposal of the remains of her unborn child. ``(c) Definitions.--In this section: ``(1) Fetal remains.--The term `fetal remains' means any part of a human fetus that is deceased by reason of an abortion, but does not include any such part that has been cremated. ``(2) Landfill.--The term `landfill' means a sanitary landfill, as such term is defined in section 1004(26) of the Solid Waste Disposal Act. ``(3) Navigable waters.--The term `navigable waters' has the meaning given such term in section 502(7) of the Federal Water Pollution Control Act.''. <all>

S.4749

Crime and Law Enforcement

COPS Responsible Administration and Management Act This bill provides for evaluations of the Community Oriented Policing Services (COPS) program with respect to its administration and effectiveness, as well as the compliance of grantees with civil rights laws. It also provides for grants and other changes to the COPS program to support (1) state and local participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation, and (2) conformance of state and local law enforcement agencies with federal policies that generally prohibit chokeholds and no-knock entries.

To improve grants administered by the Office of Community Oriented Policing Services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Responsible Administration and Management Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Office of Community Oriented Policing Services (referred to in this section as the ``COPS Office'') was established within the Department of Justice pursuant to the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1796) in order to provide grant funding to law enforcement agencies to improve policing and add 100,000 police officers to law enforcement agencies across the United States. (2) Since 1994, the COPS Office has distributed more than $14,000,000,000 to more than 13,000 State, local, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 law enforcement officers under the program established under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.) (referred to in this section as the ``COPS program''). (3) For fiscal year 2022, Congress appropriated $246,000,000 for the COPS Hiring Program under section 1701(b)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)(2)) (referred to in this section as the ``CHP''). (4) The total amounts appropriated for the COPS programs has steadily increased over the last several years from $222,000,000 for fiscal year 2017 to $512,000,000 for fiscal year 2022, adding to the administrative of responsibilities and workload of the COPS Office. (5) For fiscal years 2021 and 2022, in addition to continued funding for the CHP, COPS Office grants were awarded for a wide variety of purposes for law enforcement agencies to improve public safety and implement best practices. (6) In authorizing COPS program funding at increasing levels each year, Congress is obligated to monitor how these Federal dollars are invested and that funds are spent as effectively as possible to carry out the goals of the COPS program. (7) As the COPS program has expanded to provide increased funding for public safety, the critical need to dedicate resources to administering this program, overseeing its implementation, and tracking its efficacy becomes more pressing. Law enforcement agencies will likely need more resources to comply with accountability requirements as additional law enforcement officers are hired and training programs are made more robust. (8) The Federal Government should be investing in evidence- based, proven training strategies that will make the communities of the United States safer. Yet, many training techniques have not been sufficiently studied or do not empirically reduce use of force incidents. (9) When local law enforcement agencies receive Federal funding, they must comply with civil rights laws. (10) It is the duty of Congress to-- (A) ensure the accountability of recipients of Federal funds; (B) manage taxpayer dollars in a responsible and efficient manner; and (C) prevent Federal dollars from supporting policing, or any other practices, that violate the civil and constitutional rights the people of the United States. (11) It is the duty of Congress to ensure that Federal funds are invested in effective law enforcement training techniques and technologies that-- (A) reduce negative or dangerous encounters between communities and police, including use of force incidents; (B) increase the diversion to mental health and other social service of calls for service; and (C) improve public safety. (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that-- (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. (13) Congress must act to remedy this lack of oversight and ensure that-- (A) the COPS program is operating in an effective way; and (B) funds are invested in activities that promote and enhance public safety and respect the dignity and rights of all people. (14) To ensure the efficient administration and responsible management of the COPS program, Congress must provide the Department of Justice sufficient resources to achieve these goals. (15) Accountability and transparency in law enforcement and all other government activities are essential to a healthy democracy and a functional system of public safety. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. SEC. 3. EVALUATION OF THE ADMINISTRATION OF THE COPS OFFICE GRANT PROGRAM. Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) conduct a review of the grant program established under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381), including a review of grants used for the purpose described in subsection (b)(2) of that section, to assess-- (A) the efficiency of the administration of the program, including the processes for developing and drafting solicitations, reviewing grant applications, and choosing grant recipients; and (B) the oversight of grant awards, including-- (i) audits of grant awards; (ii) a verification that funds are used for the approved program activities; (iii) reporting requirements and analysis of information reported by grant recipients; (iv) evaluation of the outcomes and impacts of the grant program across demographic categories; and (v) other performance metrics use to assess the effectiveness of program activities in achieving the stated goals of-- (I) improving community relationships; and (II) the reduction of negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; (2) conduct a review of all Federal grant programs to identify duplicative grants; and (3) submit to the Attorney General, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that-- (A) summarizes the findings of the reviews performed under paragraph (1) and (2); (B) makes recommendations to enhance the administration, oversight, transparency and management of the grant program described in paragraph (1); and (C) identifies duplicative grants and makes recommendations for the consolidation or discontinuation of grant programs where possible. SEC. 4. EFFECTIVENESS OF GRANTS. (a) Evaluation Plan.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, Director of the Office of Management and Budget, in consultation with appropriate experts and stakeholders, shall develop a plan for the Office of Community Oriented Policing Services to evaluate the effectiveness of grants awarded under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) in achieving-- (A) the goals and objectives of improving public safety through a reduction in negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; and (B) compliance with Federal law. (2) Contents.--The plan developed under paragraph (1) shall-- (A) establish-- (i) implementable reporting requirements for the purpose of assessing grant-funded activities; (ii) performance metrics that-- (I) promote compliance with civil and human rights law and principles; (II) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; and (III) measure the impact of grant activities on communities across demographic categories; (iii) the role of components of the Federal Government other than the Office of Community Oriented Policing Services in assisting in the oversight of those grants, including the Office of Management and Budget, the Office of the Inspector General of the Department of Justice, the Bureau of Justice Statistics, the Bureau of Justice Assistance, and the National Institute of Justice; and (iv) the process for the continued support of promising practices through the development and testing of innovative strategies; (B) build knowledge about effective practices and outcomes; (C) support new, creative approaches to preventing crime and promoting safe communities; (D) include a plan for the discontinuation of grant-funded activities that are in violation of the laws described in section 5(1) or other civil rights laws; (E) include a description of the resources necessary for the Department of Justice and the Office of Community Oriented Policing Services to implement the plan. (b) Implementation of Evaluation Plan.--Not later than 180 days after the date of completion of the plan required under subsection (a)(1), the Attorney General, in consultation with the Director of the Office of Management and Budget, the Inspector General of the Department of Justice, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of the National Institute of Justice, shall implement the plan. (c) Funding.--There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. SEC. 5. CIVIL RIGHTS COMPLIANCE. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General, in coordination with the Director of the Office of Justice Programs, the Director of the Office of Community Oriented Policing Services, and the Director of the Office on Violence Against Women, shall-- (1) conduct a review of the implementation and administrative enforcement by the Department of Justice of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and section 809(c)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10228(c)(1)) in connection with Federal financial assistance the Department of Justice provides under any grant program; (2) implement a formal review process to ensure that recipients of grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) are in compliance with civil rights laws; (3) establish a system for verifying that an applicant for grants administered by the Department of Justice demonstrate compliance with civil rights laws before the date on which the applicant receives any funds from such a grant; (4) suspend the award of any grant administered by the Department of Justice to a law enforcement agency that does not cooperate with a civil rights compliance review or investigation conducted by the Attorney General, including an investigation conducted pursuant to section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601), by rejecting document requests, restricting access to information or data, or otherwise obstructing the review or investigation, until the law enforcement agency-- (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). SEC. 6. IMPROVING THE COPS GRANT PROGRAM. (a) Use-of-Force Data Grants.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall-- (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation. (b) Uniformity in Policing Policies.-- (1) In general.--Subject to paragraph (2), the law enforcement agency of a State, unit of local of government, or Tribal government that applies for a grant under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) shall certify in the application for the grant that the law enforcement agency has in place a chokehold policy and a no-knock entry policy consistent with-- (A) Executive Order 14074 (87 Fed. Reg. 32945; relating to accountable policing and criminal justice practices); and (B) the policy contained in the memorandum issued by the Department of Justice on September 13, 2021 entitled ``Chokeholds & carotid restraints; knock and announce requirement''. (2) More stringent rules.--The law enforcement agency of a State, unit of local government, or Tribal law enforcement that applies for a grant under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) may certify in the application for the grant that the law enforcement agency has in place a policy that-- (A) is more stringent than a policy described in paragraph (1); (B) entirely bans the use of chokeholds or carotid restraints; or (C) entirely bans the use of no-knock entries. (c) Preferential Consideration.--In awarding grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381), the Attorney General shall give preferential consideration to applicants that-- (1) participate in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; or (2) have implemented a policy described in subparagraph (B) or (C) of subsection (b)(2). (d) Funding.--There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services $20,000,000 for each of fiscal years 2023 through 2028 to increase staff, hire analysts, establish data collection and review systems, and establish the grant program under subsection (a)(1). <all>

COPS Responsible Administration and Management Act

A bill to improve grants administered by the Office of Community Oriented Policing Services, and for other purposes.

COPS Responsible Administration and Management Act

Sen. Booker, Cory A.

D

NJ

This bill provides for evaluations of the Community Oriented Policing Services (COPS) program with respect to its administration and effectiveness, as well as the compliance of grantees with civil rights laws. It also provides for grants and other changes to the COPS program to support (1) state and local participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation, and (2) conformance of state and local law enforcement agencies with federal policies that generally prohibit chokeholds and no-knock entries.

This Act may be cited as the ``COPS Responsible Administration and Management Act''. 2. FINDINGS. 10381 et seq.) (10) It is the duty of Congress to-- (A) ensure the accountability of recipients of Federal funds; (B) manage taxpayer dollars in a responsible and efficient manner; and (C) prevent Federal dollars from supporting policing, or any other practices, that violate the civil and constitutional rights the people of the United States. (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that-- (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. 3. 4. EFFECTIVENESS OF GRANTS. (c) Funding.--There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. 5. CIVIL RIGHTS COMPLIANCE. and section 809(c)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 12601), by rejecting document requests, restricting access to information or data, or otherwise obstructing the review or investigation, until the law enforcement agency-- (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). SEC. 6. IMPROVING THE COPS GRANT PROGRAM. (a) Use-of-Force Data Grants.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall-- (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation. 10381) shall certify in the application for the grant that the law enforcement agency has in place a chokehold policy and a no-knock entry policy consistent with-- (A) Executive Order 14074 (87 Fed.

This Act may be cited as the ``COPS Responsible Administration and Management Act''. 2. FINDINGS. 10381 et seq.) (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that-- (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. 3. 4. (c) Funding.--There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. 5. CIVIL RIGHTS COMPLIANCE. and section 809(c)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 12601), by rejecting document requests, restricting access to information or data, or otherwise obstructing the review or investigation, until the law enforcement agency-- (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). SEC. 6. IMPROVING THE COPS GRANT PROGRAM. (a) Use-of-Force Data Grants.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall-- (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation.

To improve grants administered by the Office of Community Oriented Policing Services, and for other purposes. This Act may be cited as the ``COPS Responsible Administration and Management Act''. 2. FINDINGS. 10381 et seq.) 10381(b)(2)) (referred to in this section as the ``CHP''). (7) As the COPS program has expanded to provide increased funding for public safety, the critical need to dedicate resources to administering this program, overseeing its implementation, and tracking its efficacy becomes more pressing. Yet, many training techniques have not been sufficiently studied or do not empirically reduce use of force incidents. (10) It is the duty of Congress to-- (A) ensure the accountability of recipients of Federal funds; (B) manage taxpayer dollars in a responsible and efficient manner; and (C) prevent Federal dollars from supporting policing, or any other practices, that violate the civil and constitutional rights the people of the United States. (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that-- (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. (13) Congress must act to remedy this lack of oversight and ensure that-- (A) the COPS program is operating in an effective way; and (B) funds are invested in activities that promote and enhance public safety and respect the dignity and rights of all people. (15) Accountability and transparency in law enforcement and all other government activities are essential to a healthy democracy and a functional system of public safety. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. 3. 4. EFFECTIVENESS OF GRANTS. (b) Implementation of Evaluation Plan.--Not later than 180 days after the date of completion of the plan required under subsection (a)(1), the Attorney General, in consultation with the Director of the Office of Management and Budget, the Inspector General of the Department of Justice, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of the National Institute of Justice, shall implement the plan. (c) Funding.--There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. 5. CIVIL RIGHTS COMPLIANCE. and section 809(c)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 12601), by rejecting document requests, restricting access to information or data, or otherwise obstructing the review or investigation, until the law enforcement agency-- (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). SEC. 6. IMPROVING THE COPS GRANT PROGRAM. (a) Use-of-Force Data Grants.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall-- (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation. 10381) shall certify in the application for the grant that the law enforcement agency has in place a chokehold policy and a no-knock entry policy consistent with-- (A) Executive Order 14074 (87 Fed. Reg. 32945; relating to accountable policing and criminal justice practices); and (B) the policy contained in the memorandum issued by the Department of Justice on September 13, 2021 entitled ``Chokeholds & carotid restraints; knock and announce requirement''. (c) Preferential Consideration.--In awarding grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To improve grants administered by the Office of Community Oriented Policing Services, and for other purposes. This Act may be cited as the ``COPS Responsible Administration and Management Act''. 2. FINDINGS. 10381 et seq.) 10381(b)(2)) (referred to in this section as the ``CHP''). (7) As the COPS program has expanded to provide increased funding for public safety, the critical need to dedicate resources to administering this program, overseeing its implementation, and tracking its efficacy becomes more pressing. Yet, many training techniques have not been sufficiently studied or do not empirically reduce use of force incidents. (10) It is the duty of Congress to-- (A) ensure the accountability of recipients of Federal funds; (B) manage taxpayer dollars in a responsible and efficient manner; and (C) prevent Federal dollars from supporting policing, or any other practices, that violate the civil and constitutional rights the people of the United States. (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that-- (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. (13) Congress must act to remedy this lack of oversight and ensure that-- (A) the COPS program is operating in an effective way; and (B) funds are invested in activities that promote and enhance public safety and respect the dignity and rights of all people. (15) Accountability and transparency in law enforcement and all other government activities are essential to a healthy democracy and a functional system of public safety. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. 3. 10381), including a review of grants used for the purpose described in subsection (b)(2) of that section, to assess-- (A) the efficiency of the administration of the program, including the processes for developing and drafting solicitations, reviewing grant applications, and choosing grant recipients; and (B) the oversight of grant awards, including-- (i) audits of grant awards; (ii) a verification that funds are used for the approved program activities; (iii) reporting requirements and analysis of information reported by grant recipients; (iv) evaluation of the outcomes and impacts of the grant program across demographic categories; and (v) other performance metrics use to assess the effectiveness of program activities in achieving the stated goals of-- (I) improving community relationships; and (II) the reduction of negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; (2) conduct a review of all Federal grant programs to identify duplicative grants; and (3) submit to the Attorney General, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that-- (A) summarizes the findings of the reviews performed under paragraph (1) and (2); (B) makes recommendations to enhance the administration, oversight, transparency and management of the grant program described in paragraph (1); and (C) identifies duplicative grants and makes recommendations for the consolidation or discontinuation of grant programs where possible. 4. EFFECTIVENESS OF GRANTS. (b) Implementation of Evaluation Plan.--Not later than 180 days after the date of completion of the plan required under subsection (a)(1), the Attorney General, in consultation with the Director of the Office of Management and Budget, the Inspector General of the Department of Justice, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of the National Institute of Justice, shall implement the plan. (c) Funding.--There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. 5. CIVIL RIGHTS COMPLIANCE. and section 809(c)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 12601), by rejecting document requests, restricting access to information or data, or otherwise obstructing the review or investigation, until the law enforcement agency-- (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). SEC. 6. IMPROVING THE COPS GRANT PROGRAM. (a) Use-of-Force Data Grants.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall-- (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation. 10381) shall certify in the application for the grant that the law enforcement agency has in place a chokehold policy and a no-knock entry policy consistent with-- (A) Executive Order 14074 (87 Fed. Reg. 32945; relating to accountable policing and criminal justice practices); and (B) the policy contained in the memorandum issued by the Department of Justice on September 13, 2021 entitled ``Chokeholds & carotid restraints; knock and announce requirement''. (c) Preferential Consideration.--In awarding grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

H.R.9155

Taxation

No Bonuses for Executives Act of 2022 This bill imposes the alternative minimum tax on state regulated electric utilities that are in bankruptcy proceedings and that make incentive-based payments, other than salary, to any of their 13 highest compensated employees, and that own or lease infrastructure other than climate-resilient infrastructure (i.e., infrastructure capable of reducing the impact of major weather events and natural disasters).

To amend the Internal Revenue Code of 1986 to impose the alternative minimum tax on certain State regulated electric utilities that have not fully adopted climate-resilient infrastructure. Be it enacted by the Senate 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 Bonuses for Executives Act of 2022''. SEC. 2. ALTERNATIVE MINIMUM TAX IMPOSED ON CERTAIN STATE REGULATED ELECTRIC UTILITIES. (a) In General.--Section 55(a) of the Internal Revenue Code of 1986 is amended by inserting ``a corporation described in subsection (f) or'' after ``In the case of''. (b) Certain State Regulated Electric Utilities.--Section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Certain State Regulated Electric Utilities.-- ``(1) In general.--A corporation is described in this subsection if it is-- ``(A) a State regulated electric utility (as such term is defined in section 3(18) of the Public Utility Regulatory Policies Act of 1978), ``(B) a debtor in a case commenced under title 11 of the United States Code on January 29, 2019, and ``(C) a corporation that-- ``(i) makes payments, other than payments of salary, that are incentive-based cash payments to any of the 13 highest-compensated employees of such corporation, and ``(ii) owns or leases infrastructure other than climate-resilient infrastructure. ``(2) Climate-resilient infrastructure.--For purposes of this section, the term `climate-resilient infrastructure' means infrastructure with the ability to reduce the impact of major weather events and natural disasters. ``(3) Special rule for affiliated groups.--If any member of an affiliated group of corporations that files a consolidated return is a corporation described in this subsection, all members of such group shall be considered corporations described in this subsection for purposes of chapter 6 of the Internal Revenue Code of 1986.''. (c) Conforming Amendments.-- (1) Section 38(c)(6) of the Internal Revenue Code of 1986 is amended by inserting ``described in section 55(f)'' after ``In the case of a corporation''. (2) Section 55(b)(1) of such Code is amended to read as follows: ``(1) Amount of tentative tax.-- ``(A) Noncorporate taxpayers.-- ``(i) In general.--In the case of a taxpayer other than a corporation, the tentative minimum tax for the taxable year is the sum of-- ``(I) 26 percent of so much of the taxable excess as does not exceed $175,000, plus-- ``(II) 28 percent of so much of the taxable excess as exceeds $175,000. The amount determined under the preceding sentence shall be reduced by the alternative minimum tax foreign tax credit for the taxable year. ``(ii) Taxable excess.--For purposes of this subsection, the term `taxable excess' means so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount. ``(iii) Married individual filing separate return.--In the case of a married individual filing a separate return, clause (i) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(B) Corporations.--In the case of a corporation described in subsection (f), the tentative minimum tax for the taxable year is-- ``(i) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(ii) the alternative minimum tax foreign tax credit for the taxable year.''. (3) Section 55(b)(3) of such Code is amended by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)(A)(i)''. (4) Section 59(a) of such Code is amended-- (A) in paragraph (1)(C), by striking ``section 55(b)(1) in lieu of the highest rate of tax specified in section 1'' and inserting ``subparagraph (A)(i) or (B)(i) of section 55(b)(1) (whichever applies) in lieu of the highest rate of tax specified in section 1 or 11 (whichever applies)''; and (B) in paragraph (2), by striking ``means'' and all that follows and inserting the following: ``means-- ``(A) in the case of a taxpayer other than a corporation, the amount determined under the first sentence of section 55(b)(1)(A)(i), or ``(B) in the case of a corporation described in section 55(f), the amount determined under section 55(b)(1)(B)(i).''. (5) Section 897(a)(2)(A) of such Code is amended by striking ``section 55(b)(1)'' and inserting ``section 55(b)(1)(A)''. (6) Section 911(f) of such Code is amended-- (A) by striking ``section 55(b)(1)(B)'' each place it appears and inserting ``section 55(b)(1)(A)(ii)''; and (B) in paragraph (1)(B), by striking ``section 55(b)(1)(A)'' and inserting ``section 55(b)(1)(A)(i)''. (7) Section 55(c)(1) of such Code is amended by inserting before the first period the following: ``, the section 936 credit allowable under section 27(b), and the Puerto Rico economic activity credit under section 30A''. (8) Section 55(d) of such Code is amended-- (A) redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following: ``(2) Corporations.--In the case of a corporation, the term `exemption amount' means $40,000.''; (B) in paragraph (3) (as so redesignated), by striking ``and'' at the end of subparagraph (B), by striking the period and inserting ``, and'' at the end of subparagraph (C), and by adding at the end the following: ``(D) $150,000 in the case of a taxpayer described in paragraph (2).''; (C) in paragraph (4) (as so redesignated)-- (i) in subparagraph (B)(i), by striking ``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)''; and (ii) in subparagraph (B)(iii), by striking ``paragraph (2)'' and inserting ``paragraph (3)''. (9) Section 55 of such Code is amended by restoring subsection (e) as though it had not been struck by Public Law 115-97. (10) Section 56(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following: ``(C) Special rule for personal holding companies.--In the case of circulation expenditures described in section 173, the adjustments provided in this paragraph shall apply also to a personal holding company (as defined in section 542).''. (11) Section 56 of such Code is amended by restoring subsections (c) and (g) as though they had not been struck by Public Law 115-97. (12) Section 848 of such Code is amended by restoring subsection (i) as though it had not been struck by Public Law 115-97. (13) Section 58(a) of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting the following after paragraph (2): ``(3) Application to personal service corporations.--For purposes of paragraph (1), a personal service corporation (within the meaning of section 469(j)(2)) shall be treated as a taxpayer other than a corporation.''. (14) Section 59 of such Code is amended by restoring subsections (b) and (f) as though they had not been struck by Public Law 115-97. (15) Section 11(d) of such Code is amended by striking ``the tax imposed by subsection (a)'' and inserting ``the taxes imposed by subsection (a) and section 55''. (16) Section 12 of such Code is amended by restoring paragraph (7) as though it had not been struck by Public Law 115-97. (17) Section 168(k) of such Code is amended by restoring paragraph (4) as though it had not been struck by Public Law 115-97. (18) Section 882(a)(1) of such Code is amended by inserting ``, 55,'' after ``section 11''. (19) Section 962(a)(1) of such Code is amended by inserting ``and 55'' after ``section 11''. (20) Section 6425(c)(1)(A) of such Code is amended to read as it read before the passage of Public Law 115-97. (21) Section 6655(e)(2) of such Code is amended by inserting ``and alternative minimum taxable income'' each place it appeared before the passage of Public Law 115-97. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. <all>

No Bonuses for Executives Act of 2022

To amend the Internal Revenue Code of 1986 to impose the alternative minimum tax on certain State regulated electric utilities that have not fully adopted climate-resilient infrastructure.

No Bonuses for Executives Act of 2022

Rep. Harder, Josh

D

CA

This bill imposes the alternative minimum tax on state regulated electric utilities that are in bankruptcy proceedings and that make incentive-based payments, other than salary, to any of their 13 highest compensated employees, and that own or lease infrastructure other than climate-resilient infrastructure (i.e., infrastructure capable of reducing the impact of major weather events and natural disasters).

Be it enacted by the Senate 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 Bonuses for Executives Act of 2022''. SEC. ALTERNATIVE MINIMUM TAX IMPOSED ON CERTAIN STATE REGULATED ELECTRIC UTILITIES. ``(2) Climate-resilient infrastructure.--For purposes of this section, the term `climate-resilient infrastructure' means infrastructure with the ability to reduce the impact of major weather events and natural disasters. ``(3) Special rule for affiliated groups.--If any member of an affiliated group of corporations that files a consolidated return is a corporation described in this subsection, all members of such group shall be considered corporations described in this subsection for purposes of chapter 6 of the Internal Revenue Code of 1986.''. ``(iii) Married individual filing separate return.--In the case of a married individual filing a separate return, clause (i) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(B) Corporations.--In the case of a corporation described in subsection (f), the tentative minimum tax for the taxable year is-- ``(i) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(ii) the alternative minimum tax foreign tax credit for the taxable year.''. (5) Section 897(a)(2)(A) of such Code is amended by striking ``section 55(b)(1)'' and inserting ``section 55(b)(1)(A)''. ''; (B) in paragraph (3) (as so redesignated), by striking ``and'' at the end of subparagraph (B), by striking the period and inserting ``, and'' at the end of subparagraph (C), and by adding at the end the following: ``(D) $150,000 in the case of a taxpayer described in paragraph (2). (10) Section 56(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following: ``(C) Special rule for personal holding companies.--In the case of circulation expenditures described in section 173, the adjustments provided in this paragraph shall apply also to a personal holding company (as defined in section 542).''. (16) Section 12 of such Code is amended by restoring paragraph (7) as though it had not been struck by Public Law 115-97. (17) Section 168(k) of such Code is amended by restoring paragraph (4) as though it had not been struck by Public Law 115-97. (18) Section 882(a)(1) of such Code is amended by inserting ``, 55,'' after ``section 11''. (20) Section 6425(c)(1)(A) of such Code is amended to read as it read before the passage of Public Law 115-97. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

SHORT TITLE. This Act may be cited as the ``No Bonuses for Executives Act of 2022''. SEC. ALTERNATIVE MINIMUM TAX IMPOSED ON CERTAIN STATE REGULATED ELECTRIC UTILITIES. ``(2) Climate-resilient infrastructure.--For purposes of this section, the term `climate-resilient infrastructure' means infrastructure with the ability to reduce the impact of major weather events and natural disasters. ``(3) Special rule for affiliated groups.--If any member of an affiliated group of corporations that files a consolidated return is a corporation described in this subsection, all members of such group shall be considered corporations described in this subsection for purposes of chapter 6 of the Internal Revenue Code of 1986.''. ``(iii) Married individual filing separate return.--In the case of a married individual filing a separate return, clause (i) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(B) Corporations.--In the case of a corporation described in subsection (f), the tentative minimum tax for the taxable year is-- ``(i) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(ii) the alternative minimum tax foreign tax credit for the taxable year.''. (5) Section 897(a)(2)(A) of such Code is amended by striking ``section 55(b)(1)'' and inserting ``section 55(b)(1)(A)''. ''; (B) in paragraph (3) (as so redesignated), by striking ``and'' at the end of subparagraph (B), by striking the period and inserting ``, and'' at the end of subparagraph (C), and by adding at the end the following: ``(D) $150,000 in the case of a taxpayer described in paragraph (2). (16) Section 12 of such Code is amended by restoring paragraph (7) as though it had not been struck by Public Law 115-97. (18) Section 882(a)(1) of such Code is amended by inserting ``, 55,'' after ``section 11''.

Be it enacted by the Senate 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 Bonuses for Executives Act of 2022''. SEC. ALTERNATIVE MINIMUM TAX IMPOSED ON CERTAIN STATE REGULATED ELECTRIC UTILITIES. (b) Certain State Regulated Electric Utilities.--Section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Certain State Regulated Electric Utilities.-- ``(1) In general.--A corporation is described in this subsection if it is-- ``(A) a State regulated electric utility (as such term is defined in section 3(18) of the Public Utility Regulatory Policies Act of 1978), ``(B) a debtor in a case commenced under title 11 of the United States Code on January 29, 2019, and ``(C) a corporation that-- ``(i) makes payments, other than payments of salary, that are incentive-based cash payments to any of the 13 highest-compensated employees of such corporation, and ``(ii) owns or leases infrastructure other than climate-resilient infrastructure. ``(2) Climate-resilient infrastructure.--For purposes of this section, the term `climate-resilient infrastructure' means infrastructure with the ability to reduce the impact of major weather events and natural disasters. ``(3) Special rule for affiliated groups.--If any member of an affiliated group of corporations that files a consolidated return is a corporation described in this subsection, all members of such group shall be considered corporations described in this subsection for purposes of chapter 6 of the Internal Revenue Code of 1986.''. (2) Section 55(b)(1) of such Code is amended to read as follows: ``(1) Amount of tentative tax.-- ``(A) Noncorporate taxpayers.-- ``(i) In general.--In the case of a taxpayer other than a corporation, the tentative minimum tax for the taxable year is the sum of-- ``(I) 26 percent of so much of the taxable excess as does not exceed $175,000, plus-- ``(II) 28 percent of so much of the taxable excess as exceeds $175,000. ``(iii) Married individual filing separate return.--In the case of a married individual filing a separate return, clause (i) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(B) Corporations.--In the case of a corporation described in subsection (f), the tentative minimum tax for the taxable year is-- ``(i) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(ii) the alternative minimum tax foreign tax credit for the taxable year.''. (5) Section 897(a)(2)(A) of such Code is amended by striking ``section 55(b)(1)'' and inserting ``section 55(b)(1)(A)''. (7) Section 55(c)(1) of such Code is amended by inserting before the first period the following: ``, the section 936 credit allowable under section 27(b), and the Puerto Rico economic activity credit under section 30A''. ''; (B) in paragraph (3) (as so redesignated), by striking ``and'' at the end of subparagraph (B), by striking the period and inserting ``, and'' at the end of subparagraph (C), and by adding at the end the following: ``(D) $150,000 in the case of a taxpayer described in paragraph (2). (10) Section 56(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following: ``(C) Special rule for personal holding companies.--In the case of circulation expenditures described in section 173, the adjustments provided in this paragraph shall apply also to a personal holding company (as defined in section 542).''. (16) Section 12 of such Code is amended by restoring paragraph (7) as though it had not been struck by Public Law 115-97. (17) Section 168(k) of such Code is amended by restoring paragraph (4) as though it had not been struck by Public Law 115-97. (18) Section 882(a)(1) of such Code is amended by inserting ``, 55,'' after ``section 11''. (20) Section 6425(c)(1)(A) of such Code is amended to read as it read before the passage of Public Law 115-97. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

To amend the Internal Revenue Code of 1986 to impose the alternative minimum tax on certain State regulated electric utilities that have not fully adopted climate-resilient infrastructure. Be it enacted by the Senate 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 Bonuses for Executives Act of 2022''. SEC. ALTERNATIVE MINIMUM TAX IMPOSED ON CERTAIN STATE REGULATED ELECTRIC UTILITIES. (b) Certain State Regulated Electric Utilities.--Section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Certain State Regulated Electric Utilities.-- ``(1) In general.--A corporation is described in this subsection if it is-- ``(A) a State regulated electric utility (as such term is defined in section 3(18) of the Public Utility Regulatory Policies Act of 1978), ``(B) a debtor in a case commenced under title 11 of the United States Code on January 29, 2019, and ``(C) a corporation that-- ``(i) makes payments, other than payments of salary, that are incentive-based cash payments to any of the 13 highest-compensated employees of such corporation, and ``(ii) owns or leases infrastructure other than climate-resilient infrastructure. ``(2) Climate-resilient infrastructure.--For purposes of this section, the term `climate-resilient infrastructure' means infrastructure with the ability to reduce the impact of major weather events and natural disasters. ``(3) Special rule for affiliated groups.--If any member of an affiliated group of corporations that files a consolidated return is a corporation described in this subsection, all members of such group shall be considered corporations described in this subsection for purposes of chapter 6 of the Internal Revenue Code of 1986.''. (2) Section 55(b)(1) of such Code is amended to read as follows: ``(1) Amount of tentative tax.-- ``(A) Noncorporate taxpayers.-- ``(i) In general.--In the case of a taxpayer other than a corporation, the tentative minimum tax for the taxable year is the sum of-- ``(I) 26 percent of so much of the taxable excess as does not exceed $175,000, plus-- ``(II) 28 percent of so much of the taxable excess as exceeds $175,000. ``(iii) Married individual filing separate return.--In the case of a married individual filing a separate return, clause (i) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(B) Corporations.--In the case of a corporation described in subsection (f), the tentative minimum tax for the taxable year is-- ``(i) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(ii) the alternative minimum tax foreign tax credit for the taxable year.''. (4) Section 59(a) of such Code is amended-- (A) in paragraph (1)(C), by striking ``section 55(b)(1) in lieu of the highest rate of tax specified in section 1'' and inserting ``subparagraph (A)(i) or (B)(i) of section 55(b)(1) (whichever applies) in lieu of the highest rate of tax specified in section 1 or 11 (whichever applies)''; and (B) in paragraph (2), by striking ``means'' and all that follows and inserting the following: ``means-- ``(A) in the case of a taxpayer other than a corporation, the amount determined under the first sentence of section 55(b)(1)(A)(i), or ``(B) in the case of a corporation described in section 55(f), the amount determined under section 55(b)(1)(B)(i).''. (5) Section 897(a)(2)(A) of such Code is amended by striking ``section 55(b)(1)'' and inserting ``section 55(b)(1)(A)''. (7) Section 55(c)(1) of such Code is amended by inserting before the first period the following: ``, the section 936 credit allowable under section 27(b), and the Puerto Rico economic activity credit under section 30A''. ''; (B) in paragraph (3) (as so redesignated), by striking ``and'' at the end of subparagraph (B), by striking the period and inserting ``, and'' at the end of subparagraph (C), and by adding at the end the following: ``(D) $150,000 in the case of a taxpayer described in paragraph (2). (10) Section 56(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following: ``(C) Special rule for personal holding companies.--In the case of circulation expenditures described in section 173, the adjustments provided in this paragraph shall apply also to a personal holding company (as defined in section 542).''. (13) Section 58(a) of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting the following after paragraph (2): ``(3) Application to personal service corporations.--For purposes of paragraph (1), a personal service corporation (within the meaning of section 469(j)(2)) shall be treated as a taxpayer other than a corporation.''. (16) Section 12 of such Code is amended by restoring paragraph (7) as though it had not been struck by Public Law 115-97. (17) Section 168(k) of such Code is amended by restoring paragraph (4) as though it had not been struck by Public Law 115-97. (18) Section 882(a)(1) of such Code is amended by inserting ``, 55,'' after ``section 11''. (19) Section 962(a)(1) of such Code is amended by inserting ``and 55'' after ``section 11''. (20) Section 6425(c)(1)(A) of such Code is amended to read as it read before the passage of Public Law 115-97. (21) Section 6655(e)(2) of such Code is amended by inserting ``and alternative minimum taxable income'' each place it appeared before the passage of Public Law 115-97. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

S.3088

Social Welfare

Five Freedoms for America's Children Act This bill establishes and modifies programs concerning children's health, financial security, education, nutrition, and welfare. Among other changes, the bill (1) provides for the automatic enrollment of all children under the age of 19 in Medicaid; (2) establishes savings accounts, and provides for annual deposits of federal funds into these accounts, for children of income-eligible parents; (3) provides mandatory funding for the Head Start Program; (4) facilitates the participation of income-eligible children in school-based nutrition programs through certain automatic certifications; and (5) establishes grant programs to address institutional and systemic child abuse.

To ensure America's children have the freedom to be healthy, to be economically secure, to learn, to not be hungry, and to be safe from harm. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Five Freedoms for America's Children 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. TITLE I--FREEDOM TO BE HEALTHY Sec. 101. Medicaid for all children from birth to age 19. TITLE II--FREEDOM TO BE ECONOMICALLY SECURE Sec. 201. Establishment of child savings account program. TITLE III--FREEDOM TO LEARN Sec. 301. Increased mandatory funding for child care. Sec. 302. Mandatory appropriations for Head Start Act. Sec. 303. Enhancement of Child and Dependent Care Tax Credit. TITLE IV--FREEDOM FROM HUNGER Sec. 401. Mandatory direct certification. Sec. 402. Direct certification for children receiving Social Security income. Sec. 403. Retroactive reimbursement. Sec. 404. Universal Medicaid direct certification. Sec. 405. Universal meal service in high poverty areas. Sec. 406. Statewide free universal school meals demonstration projects. TITLE V--FREEDOM TO BE SAFE FROM HARM Subtitle A--Funding for the Child Abuse Prevention and Treatment Act Sec. 501. Additional CAPTA funding. Subtitle B--Funding for Grants To Protect Children From Institutional and Systemic Abuse Sec. 511. Purpose. Sec. 512. Definitions. Sec. 513. Grant program. TITLE I--FREEDOM TO BE HEALTHY SEC. 101. MEDICAID FOR ALL CHILDREN FROM BIRTH TO AGE 19. (a) In General.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) in subclause (IX)(dd), by inserting ``or'' at the end; and (3) by adding at the end the following new subclause: ``(X) beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act, who are individuals who have not attained 19 years of age;''. (b) Automatic Enrollment.--Section 1902(e) of the Social Security Act is amended by striking paragraph (4) and inserting the following: ``(4) Automatic enrollment of children.-- ``(A) In general.--Any child born in a State on or after the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act shall be considered to have applied for medical assistance under the State plan and shall be automatically enrolled for such assistance on the date of their birth. ``(B) Notification requirement.--The State shall inform the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) of the services that will be covered, appropriate methods for using such services, medical support obligations (under section 1912(a)) created by enrollment (if applicable), the actions the parent, guardian, or relative must take (if any) to maintain enrollment, and the actions the parent, guardian, or relative may take to disenroll the child. ``(C) Opt-out if other coverage is available.--The State shall establish a process to allow the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) to disenroll the child from the State plan through affirmation in writing if the child is enrolled in other health benefits coverage that-- ``(i) at a minimum, provides the essential health benefits defined by the Secretary under section 1302(b) of the Patient Protection and Affordable Care Act; and ``(ii) meets such other requirements as the Secretary determines appropriate.''. (c) Exclusion From Definition of Minimum Essential Coverage.-- Section 36B(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Treatment of certain coverage under the medicaid program.--For purposes of subparagraph (B), an individual shall not be treated as eligible for minimum essential coverage if-- ``(i) such coverage consists of eligibility for medical assistance under a State Medicaid program under section 1902(a)(10)(A)(i)(X) of the Social Security Act; and ``(ii) the individual is not enrolled in such a program for such medical assistance.''. (d) Coverage of Children Without Regard to Immigration Status.-- Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is amended-- (1) in paragraph (1), by striking ``and (4)'' and inserting ``, (4), and (5)''; (2) in paragraph (4)(A)(ii)-- (A) in the clause header, by inserting ``aged 19 to 20'' after ``Children''; and (B) by inserting ``who have attained 19 years of age but are'' before ``under 21 years of age''; and (3) by adding at the end the following paragraph: ``(5)(A) Notwithstanding any other provision of law, on and after the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act, a State shall provide medical assistance under this title to any individual residing in the United States who is eligible for medical assistance under section 1902(a)(10)(A)(i)(X), without regard to whether the individual is lawfully residing in the United States. ``(B) No debt shall accrue under an affidavit of support against any sponsor of an individual provided medical assistance in accordance with subparagraph (A) and the cost of such assistance shall not be considered as an unreimbursed cost.''. (e) Conforming Amendments.-- (1) Section 1137(f) of the Social Security Act (42 U.S.C. 1320b-7(f)) is amended by inserting ``or to individuals who are eligible for medical assistance under section 1902(a)(10)(A)(i)(X) and are provided such assistance in accordance with section 1903(v)(5)'' before the period. (2) Section 2107(e)(1)(N) of the Social Security Act (42 U.S.C. 1397gg(e)(1)(N)) is amended by inserting ``who have attained age 19 or 20'' after ``immigrant children''. (f) 100 Percent Federal Matching Payments for Medical Assistance for Children.-- (1) In general.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (b), by striking ``and (ii)'' and inserting ``(ii), and (jj)''; and (B) by adding at the end the following new subsection: ``(jj) Enhanced FMAP for Certain Children.--Notwithstanding subsection (b), beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act, the Federal medical assistance percentage shall be 100 percent with respect to amounts expended by a State for medical assistance for individuals-- ``(1) who are eligible for medical assistance under section 1902(a)(10)(A)(i)(X); and ``(2) who would not have been eligible for medical assistance for full benefits (as defined in subsection (y)(2)(B)) under the State plan under this title or a waiver of such plan as such plan or waiver was in effect on January 1, 2021.''. (2) Conforming amendment.--Section 9817(a)(1) of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended by striking ``or (ii) of section 1905'' and inserting ``(ii), or (jj) of section 1905''. TITLE II--FREEDOM TO BE ECONOMICALLY SECURE SEC. 201. ESTABLISHMENT OF CHILD SAVINGS ACCOUNT PROGRAM. (a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (b) Program Specifications.-- (1) In general.-- (A) Savings accounts.--The Federal Child Savings Account Program established under this section shall-- (i) permit the parent or guardian of an eligible individual to establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of the individual; (ii) establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of-- (I) eligible individuals who are in foster care, in coordination with the Administration for Children and Families; and (II) other eligible individuals on whose behalf no account has been established by a parent or guardian under clause (i) as of the time the first deposit under paragraph (4)(A) is due to be made on behalf of such individuals, and notify such individuals of the establishment of such accounts; (iii) require the assets of each savings account established under the program to be held by the designated custodian; (iv) within the limitations of paragraph (3), permit contributions to be made periodically to such savings accounts by direct deposit through payroll deduction or by electronic means, and by methods that provide access for the unbanked; (v) provide for the annual deposit under paragraph (4) and the matching contributions under paragraph (5) to be made to such savings accounts, if applicable; (vi) as provided in subsection (c), permit distributions and rollovers from such savings accounts upon request of the parent or guardian of the individual on whose behalf the account is established before the individual has attained age 18, or upon request of such individual after such individual has attained age 18; (vii) include procedures to consolidate multiple accounts established for the same individual and return excess contributions on an annual basis, with notice provided to the parent or guardian of the individual (or, if appropriate, to the individual) and a procedure for resolution of disputes; and (viii) ensure that such savings accounts are invested solely in United States Treasury bonds. (B) Regulations, etc.--The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the Federal Child Savings Account Program, and are consistent with this section and section 529B of the Internal Revenue Code of 1986, including-- (i) rules regarding the provision of periodic notices to individuals and parents or guardians of individuals, as appropriate, on whose behalf accounts are established under the program, including information on account balances and activity; (ii) rules regarding beneficiary designation in the case of the death of the individual on whose behalf an account was established; and (iii) coordination rules permitting savings accounts to be established under the Federal Child Savings Account Program in connection with State and local laws that provide contributions to savings accounts for residents. (C) Pilot program for deposits made with federal partners.--The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. (2) No fees.--No fees shall be assessed on participants in the Federal Child Savings Account Program. (3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. (B) Contribution limitation.-- (i) In general.--Contributions to a savings account under the Federal Child Savings Account Program during any taxable year (other than the contribution made under paragraph (4)) shall not be accepted to the extent such contributions exceed $2,500. (ii) Phaseout.--The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. (C) Limitation on participation.--Within a reasonable amount of time before the date an eligible individual attains age 17, the designated custodian shall provide notice to the eligible individual and the parent or guardian of the eligible individual that-- (i) no deposits under paragraph (4) or (5) will be made for calendar years after the year in which the individual attains age 17; (ii) no further contributions made by any person will be accepted after the date the individual attains age 26; and (iii) the individual (or, as provided, the individual's parent or guardian) may elect to have the account balance rolled over or distributed as provided, and at the time specified, in subsection (c). (4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. (B) Phaseout.--The $500 amount under subparagraph (A) shall be reduced (but not below zero) by $25 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $100,000. (C) Deposit on behalf of children in foster care.-- At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $500 into the savings account established under such Program for any eligible individual in foster care in any State with respect to whom no deposit was made for such year under subparagraph (A). (5) Matching contributions.--If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (7) State.--For purposes of this section, the term ``State'' includes the District of Columbia, any possession of the United States, and any Indian tribe (as defined in section 45A(c)(6) of the Internal Revenue Code of 1986). (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (9) Inflation adjustments.-- (A) In general.--In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each 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) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting ``calendar year 2022'' for ``calendar year 2016'' in subparagraph (A)(ii) thereof. (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (10) Accounts may not be assigned.--An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. (11) Modified adjusted gross income.--For purposes of this subsection, the term ``modified adjusted gross income'' means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) increased by-- (A) any amount excluded from gross income under section 911 of such Code; (B) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax; and (C) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d) of such Code) which is not included in gross income under such section 86 for the taxable year. (c) Distributions From Savings Account.-- (1) In general.--After the earlier of-- (A) the date the individual on whose behalf the savings account under the Federal Child Savings Account Program was established attains age 26; or (B) the date such individual receives a bachelor's degree or associate's degree, or enlists in active duty military service of the United States, amounts in such account may be contributed in a direct transfer to a Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986) or a designated Roth account (within the meaning of section 402A of such Code) according to the rules of the Internal Revenue Code of 1986, or distributed to the individual in cash. (2) Distributions for higher education expenses.--Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. (3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means a child who has not attained age 18 and is a resident of the United States. (e) Treatment of Accounts Under Certain Federal Programs.-- (1) Account funds disregarded for purposes of certain other means-tested federal programs.--Notwithstanding any other provision of Federal law that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in an individual's account established under the Federal Child Savings Account Program, any contributions to such account, and any distribution (or portion thereof) which is exempt from the tax under section 529B(d)(3) of the Internal Revenue Code of 1986 shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such account, except that-- (A) a distribution for qualified acquisition costs (within the meaning of section 529B(d)(3)(C)(ii) of such Code) shall not be so disregarded; and (B) any amount (including such earnings) in such account shall be considered a resource of the individual to the extent that such amount exceeds $100,000. (2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). (B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (f) Disclosure of Taxpayer Information.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information for purposes of administration of the federal child savings account program.-- The Secretary shall disclose to any officer or employee of the Department of the Treasury, as necessary for the administration of the Federal Child Savings Account Program established under section 201(a) of the Five Freedoms for America's Children Act, return information relating to taxpayer identity, dependents, adjusted gross income, and whether the taxpayer has claimed the earned income credit under section 32 for the taxable year.''. (2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. (g) Child Savings Account Program.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: ``SEC. 529B. CHILD SAVINGS ACCOUNT PROGRAM. ``(a) General Rule.--The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. ``(b) Federal Child Savings Account Program.--For purposes of this title, the term `Federal Child Savings Account Program' means the program established under section 201(a) of the Five Freedoms for America's Children Act. ``(c) Treatment of Contributions and Earnings.-- ``(1) In general.--No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. ``(2) Governmental and matching contributions.--Gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, shall not include the amount of any deposit made to the individual's account under the program pursuant to section 201(b)(4)(A), 201(b)(4)(C), or 201(b)(5) of the Five Freedoms for America's Children Act. ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 201(c) of the Five Freedoms for America's Children Act. ``(2) Treatment of rollovers.-- ``(A) Roth iras.--Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 201(c)(1) of the Five Freedoms for America's Children Act shall be treated-- ``(i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and ``(ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 201(c)(1) of the Five Freedoms for America's Children Act shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). ``(C) ABLE accounts.--Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 201(c)(3) of the Five Freedoms for America's Children Act shall be treated-- ``(i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and ``(ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 201(c)(1) of the Five Freedoms for America's Children Act, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (h) Clerical Amendment.--The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: ``Sec. 529B. Child Savings Account Program.''. (i) Appropriation.--There is hereby appropriated to the Secretary of the Treasury, to remain available until spent without fiscal year limitation-- (1) $100,000,000 for technology and technology systems necessary for the implementation and administration of the Federal Child Savings Account Program; (2) $25,000,000 for each fiscal year beginning with fiscal year 2022 for the administration of the Federal Child Savings Account Program; and (3) such sums as are necessary to make contributions to Federal Child Savings Accounts as required under paragraphs (4)(A), (4)(C), and (5) of subsection (c). TITLE III--FREEDOM TO LEARN SEC. 301. INCREASED MANDATORY FUNDING FOR CHILD CARE. (a) In General.--Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as follows: ``(3) Appropriation.-- ``(A) In general.--For grants under this section, there are appropriated $10,000,000,000 for each fiscal year. ``(B) Indian tribes and tribal organizations.--The Secretary shall reserve not less than 3 percent, and not more than 5 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for grants to Indian tribes and tribal organizations. ``(C) Territories.--The Secretary shall reserve not less than 2 percent, and not more than 4 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for grants to territories. ``(D) States.--The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States.''. (b) Uses for Increased Funding.--Section 418 of such Act (42 U.S.C. 618) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c), the following: ``(d) Special Rules for Increased Funding for States.--With respect to fiscal year 2022 and each fiscal year thereafter-- ``(1) a State shall give priority to using the additional funds received by the State under this section for a fiscal year as a result of the amendment made by section 301(a) of the Five Freedoms for America's Children Act for the provision of financial assistance for eligible children (which may include increased payment rates under section 658(e)(4)) of the Child Care and Development Block Grant Act of 1990, rather than for activities under section 658G of that Act or administrative activities; and ``(2) a State may only use such additional funds to supplement, and not supplant, funds for child care assistance or for other child-related initiatives that would, in the absence of such additional Federal funds, be made available from other Federal, State, and local sources for such assistance or initiatives.''. (c) Conforming Amendments.--Section 418(a) of such Act (42 U.S.C. 618(a)) is amended-- (1) in paragraph (2)(A), by striking ``after'' and inserting ``after the application of subparagraphs (B) and (C) of paragraph (3) and''; and (2) in paragraph (4)(E), by striking ``paragraph'' and inserting ``subsection''. (d) Effective Date.--The amendments made by this section take effect on October 1, 2021. SEC. 302. MANDATORY APPROPRIATIONS FOR HEAD START ACT. Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to read as follows: ``SEC. 639. MANDATORY APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated, and there are appropriated, to carry out this subchapter (other than section 657B)-- ``(1) for fiscal year 2022, $18,000,000,000; and ``(2) for each subsequent fiscal year, the amount that was applicable for the previous fiscal year, adjusted by the total percentage change that occurred in the Consumer Price Index for all Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor, for the 12-month period ending June 30 preceding the fiscal year. ``(b) Supplement, Not Supplant.--Funds available under subsection (a) to carry out this subchapter shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this subchapter.''. SEC. 303. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT. (a) In General.--Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below the phaseout percentage) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $125,000. ``(B) Phaseout percentage.--For purposes of subparagraph (A), the term `phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.''. (b) Increase in Dollar Limit on Amount Creditable.--Subsection (c) of section 21 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``$3,000'' and inserting ``$8,000''; and (2) in paragraph (2), by striking ``$6,000'' and inserting ``$16,000''. (c) Special Rule for Married Couples Filing Separate Returns.-- Paragraph (2) of section 21(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Married couples filing separate returns.-- ``(A) In general.--In the case of married individuals who do not file a joint return for the taxable year-- ``(i) the applicable percentage under subsection (a)(2) and the number of qualifying individuals and aggregate amount excludable under section 129 for purposes of subsection (c) shall be determined with respect to each such individual as if the individual had filed a joint return with the individual's spouse, and ``(ii) the aggregate amount of the credits allowed under this section for such taxable year with respect to both spouses shall not exceed the amount which would have been allowed under this section if the individuals had filed a joint return. ``(B) Regulations.--The Secretary shall prescribe such regulations or other guidance as is necessary to carry out the purposes of this subsection.''. (d) Adjustment for Inflation.--Section 21 of the Internal Revenue Code of 1986 is amended-- (1) by striking subsections (g) and (h); (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection: ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a calendar year beginning after 2022, the $125,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100.''. (e) Credit To Be Refundable.-- (1) In general.--The Internal Revenue Code of 1986 is amended-- (A) by redesignating section 21 as section 36C; and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments.-- (A) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking ``21(e)'' and inserting ``36C(e)''. (B) Paragraph (6) of section 35(g) of such Code is amended by striking ``21(e)'' and inserting ``36C(e)''. (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (E) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (F) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (G) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (H) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (I) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking ``section 21, 24, or 32,'' and inserting ``section 24, 32, or 36C,''. (J) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (K) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. TITLE IV--FREEDOM FROM HUNGER SEC. 401. MANDATORY DIRECT CERTIFICATION. Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in the paragraph heading, by striking ``Discretionary certification'' and inserting ``Direct certification of additional low-income children''; and (2) in the matter preceding subparagraph (A), by striking ``may'' and inserting ``shall''. SEC. 402. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY INCOME. (a) In General.--Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).''. (b) Data From Social Security Administration.--Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located.''. SEC. 403. RETROACTIVE REIMBURSEMENT. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended by adding at the end the following: ``(D) Retroactive reimbursement.-- ``(i) Definitions.--In this subparagraph: ``(I) Change in eligibility.--The term `change in eligibility' means, with respect to eligibility for the school lunch program under this Act-- ``(aa) a change from eligibility for reduced price meals to eligibility for free meals; and ``(bb) a change from noneligibility to eligibility for free or reduced price meals. ``(II) Meal claim.--The term `meal claim' means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. ``(III) Previously submitted.--The term `previously submitted', with respect to a meal claim, means a meal claim submitted on or after the retroactive date. ``(IV) Retroactive date.--The term `retroactive date' means the first day of the current school year. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Reimbursement by secretary.--The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). ``(iii) Reimbursement to families.--A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child.''. SEC. 404. UNIVERSAL MEDICAID DIRECT CERTIFICATION. Section 9(b)(15) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)) is amended-- (1) in subparagraph (A)-- (A) by striking clause (i) and inserting the following: ``(i) Eligible child.-- ``(I) In general.--The term `eligible child' means a child who-- ``(aa)(AA) is eligible for and receiving medical assistance under the Medicaid program; and ``(BB) is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; or ``(bb) is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa). ``(II) Other children.--The term `eligible child' includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))-- ``(aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.); ``(bb) by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)).''; and (B) by adding at the end the following: ``(iii) Without further application.--The term `without further application' has the meaning given the term in paragraph (4)(G).''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. ``(D) Certification.--Subject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for-- ``(i) free or reduced price lunch under this Act; and ``(ii) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).''. SEC. 405. UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS. Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following: ``(vii) Multiplier.--For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5.''. SEC. 406. STATEWIDE FREE UNIVERSAL SCHOOL MEALS DEMONSTRATION PROJECTS. Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(bb) Exclusion.--The term `eligible school' does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(ii) Establishment.--Not later than July 1, 2023, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State. ``(iii) State selection.-- ``(I) In general.--The Secretary shall select not more than 5 States to each carry out a demonstration project. ``(II) Applications.--A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(III) Priority.--In carrying out subclause (I), the Secretary shall give priority to a State based on-- ``(aa) the level of childhood poverty in the State; ``(bb) the extent to which the State has implemented subparagraph (F); ``(cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); ``(dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and ``(ee) the extent to which the State demonstrates a commitment to providing non- Federal funding under clause (vi)(III). ``(iv) Start date.--A demonstration project shall begin in a selected State on the first day of the school year in that State. ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(II) Subsequent years.--For each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the higher of-- ``(AA) the percentage of identified students in eligible schools as of the last day of the prior school year; and ``(BB) the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. ``(vi) State implementation.-- ``(I) Preliminary activities.--Each selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State-- ``(aa) identify each eligible school in the State; ``(bb) in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount; ``(cc) inform local educational agencies of the demonstration project; and ``(dd) coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools. ``(II) Meal service.--As part of a demonstration project, an eligible school in a selected State-- ``(aa) shall not collect applications for free and reduced price lunches under this Act; and ``(bb) shall make school meals available to all children at the school at no charge. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(bb) Non-federal contributions.--In addition to the funding received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), each selected State shall provide funding from non- Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. ``(cc) Continuation of free rate.-- ``(AA) Definition of covered school year.--In this item, the term `covered school year' means the school year preceding the first school year during which a demonstration project is carried out. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. ``(vii) Report.-- ``(I) In general.--Not later than September 30, 2027, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State with respect to-- ``(aa) academic achievement, absenteeism, tardiness, the school environment, child food insecurity in the selected State, and other key factors identified in consultation with the Secretary of Education; ``(bb) the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) among identified students and other students; ``(cc) school meal services, finances, and operations in the selected State; ``(dd) administrative costs to the selected State and the school food authorities participating in the demonstration project; and ``(ee) the integrity of the operation of the free lunch program under this Act in the selected State. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027. ``(bb) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation.''. TITLE V--FREEDOM TO BE SAFE FROM HARM Subtitle A--Funding for the Child Abuse Prevention and Treatment Act SEC. 501. ADDITIONAL CAPTA FUNDING. (a) Additional Amounts for State Grants To Improve Child Protective Services.--Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended by adding at the end the following: ``(g) Additional Funding.-- ``(1) In general.--To carry out this section, in addition to amounts made available under section 112 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. ``(2) Allotments.--Except as otherwise provided in this section, out of the amounts appropriated under paragraph (1), the Secretary shall make allotments to each eligible State and territory in an amount equal to the sum of-- ``(A) $50,000; and ``(B) an amount that bears the same relationship to any amounts appropriated under paragraph (1) that remain after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant. ``(3) Eligible state.--To be eligible to receive an allotment under paragraph (2), a State or territory shall demonstrate in its application for a grant under this section that such State or territory, for purposes of carrying out the programs supported by such grant, will expend the same amount, or more, of State or territory funds in the fiscal year for which the grant is awarded as such State or territory expended for such purposes in the previous fiscal year. ``(4) Definitions.--In this subsection, the terms `State' and `territory' have the meanings given such terms in subsection (f)(1).''. (b) Additional Amounts for Community-Based Grants for the Prevention of Child Abuse and Neglect.-- (1) In general.--Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended-- (A) in subsection (a), by striking ``amount appropriated under section 210'' and inserting ``amounts appropriated under section 209 and subsection (d)(1)''; and (B) by adding at the end the following: ``(d) Additional Funding.-- ``(1) Additional appropriation.--To carry out this title, in addition to amounts made available under section 209 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. ``(2) Allotments.-- ``(A) In general.--The Secretary shall allot the amount appropriated under paragraph (1) for a fiscal year and remaining after the reservation under subsection (a) among eligible States in the same manner the Secretary allots amounts appropriated under section 209 pursuant to subsection (b). For purposes of this paragraph, the allotment formula described in subsection (b) shall be applied substituting `eligible State' for `State' each place such term appears in such subsection, and substituting `eligible States' for `States' each place such term appears in such subsection. ``(B) Eligible state.--For purposes of this paragraph, the term `eligible State' means a State that demonstrates in its application for a grant under section 204 that such State, for purposes of carrying out the programs supported by a grant under this title, will expend the same amount, or more, of State funds in the fiscal year for which the grant is awarded as such State expended for such purposes in the previous fiscal year.''. (2) Clarification.--Section 204(4) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d(4)) is amended by inserting ``(excluding any amount received under section 203(d))'' after ``received under this title''. Subtitle B--Funding for Grants To Protect Children From Institutional and Systemic Abuse SEC. 511. PURPOSE. The purpose of this subtitle is to support and assist States in investigating, recognizing, reporting and preventing institutional and systemic child abuse. SEC. 512. DEFINITIONS. In this subtitle: (1) Institutional and systemic child abuse.--The term ``institutional and systemic child abuse'' means a pattern of any form of abuse or neglect of a child when occurring while the child is in the care of a public or private facility in the State, including a correctional facility, detention facility, treatment facility, childcare center, educational or religious institution, and hospital. (2) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (3) Unit of local government.--The term ``unit of local government'' means-- (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that-- (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or (C) an Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior. SEC. 513. GRANT PROGRAM. (a) Grants Required.--The Attorney General shall make grants to States to assist States in investigating, recognizing, reporting, and preventing institutional and systemic child abuse. (b) Allocation of Funds.--Funds shall be allocated annually among eligible States on the basis of relative population of individuals under the age of 18, but the amount allocated to any State in a fiscal year shall not be less than $500,000. (c) Requirements.-- (1) Plan.-- (A) In general.--To be eligible for a grant under this subtitle, a State shall submit to the Attorney General a plan for carrying out programs, projects, and activities using the funds made available through the grant during a 5-year period. (B) Update.--A State shall annually update a plan submitted under subparagraph (A) to include new programs, projects, and activities dedicated to recognizing, reporting, investigating, and preventing institutional and systemic child abuse. (C) Regulations.--The Attorney General shall promulgate regulations that require that any plan submitted under this paragraph-- (i) provide that not less than 70 percent of funds allocated to the State shall be distributed to the attorney general of the State or other chief law enforcement officer for-- (I) conducting investigations into institutional and systemic child abuse; and (II) planning, establishing, operating, coordinating, and evaluating evidence-based and trauma-informed projects to develop more effective education, training, and research into preventing institutional and systemic child abuse; (ii) provide that not less than 20 percent of funds allocated to the State shall be distributed equitably to units of local government for planning, establishing, operating, coordinating, and evaluating evidence-based and trauma-informed projects to develop more effective education, training, and research into preventing institutional and systemic child abuse; (iii) designate a senior official reporting to the attorney general of the State or other chief law enforcement officer as responsible for-- (I) supervising the preparation and administration of the plan submitted under subparagraph (A); and (II) overseeing all investigations, education, training, and research in the office of the attorney general of the State or other chief law enforcement officer related to institutional and systemic child abuse; and (iv) contain satisfactory evidence that the official designated in accordance with clause (iii) has or will have authority, by legislation if necessary, to implement the plan in accordance with this subtitle. (2) Annual performance reports.--Each State awarded a grant under this subtitle shall submit to the Attorney General an annual performance report that-- (A) describes the progress of the State in implementing the original plan submitted under paragraph (1)(A); and (B) describes the status of compliance with the requirements of the plan. (3) Rule of construction.--Nothing in this subsection may be construed to require the dissemination of any information that the Attorney General determines-- (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to a child. (d) Noncompliance.-- (1) Failure to comply with requirements.--If a State fails to comply with any of the applicable requirements in subsection (c), in any fiscal year beginning after September 30, 2021-- (A) subject to subparagraph (B), the amount allocated to the State under subsection (b) for the subsequent fiscal year shall be reduced by not less than 20 percent for each such requirement with respect to which the failure occurs; and (B) the State shall be ineligible to receive any allocation under such section for such fiscal year unless-- (i) the State agrees to expend 50 percent of the amount allocated to the State for such fiscal year to achieve compliance with any requirement with respect to which the State is in noncompliance; or (ii) the Attorney General determines that the State-- (I) has achieved substantial compliance with the requirements with respect to which the State was not in compliance; and (II) has made, through appropriate executive or legislative action, an unequivocal commitment to achieving full compliance with such requirements within a reasonable time. (2) Nonsubmission or nonqualification of plan.-- (A) In general.--If a State does not submit a plan, fails to submit a plan, or submits a plan or any modification thereof, that the Attorney General, after reasonable notice and opportunity for hearing, determines does not meet the requirements of this subtitle, the Attorney General shall endeavor to make the allocation to the State under subsection (b) available to local public and private nonprofit agencies within the State for use in carrying out activities described in subsection (c)(1)(C)(i)(II). (B) Other funds.--The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle. (e) Regulations.--The Attorney General shall promulgate regulations to carry out this subtitle. (f) Administrative Expenses.--The Attorney General may use not more than 5 percent of the funds appropriated for a fiscal year to carry out this subtitle for the Federal administrative costs of carrying out this subtitle for that fiscal year. (g) Direct Appropriation.--To carry out this subtitle, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. <all>

Five Freedoms for America’s Children Act

A bill to ensure America's children have the freedom to be healthy, to be economically secure, to learn, to not be hungry, and to be safe from harm.

Five Freedoms for America’s Children Act

Sen. Casey, Robert P., Jr.

D

PA

This bill establishes and modifies programs concerning children's health, financial security, education, nutrition, and welfare. Among other changes, the bill (1) provides for the automatic enrollment of all children under the age of 19 in Medicaid; (2) establishes savings accounts, and provides for annual deposits of federal funds into these accounts, for children of income-eligible parents; (3) provides mandatory funding for the Head Start Program; (4) facilitates the participation of income-eligible children in school-based nutrition programs through certain automatic certifications; and (5) establishes grant programs to address institutional and systemic child abuse.

SHORT TITLE. 1. 2. Direct certification for children receiving Social Security income. Retroactive reimbursement. Statewide free universal school meals demonstration projects. Additional CAPTA funding. Purpose. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) in subclause (IX)(dd), by inserting ``or'' at the end; and (3) by adding at the end the following new subclause: ``(X) beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act, who are individuals who have not attained 19 years of age;''. 201. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. CHILD SAVINGS ACCOUNT PROGRAM. ``(D) States.--The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States.''. 618(a)) is amended-- (1) in paragraph (2)(A), by striking ``after'' and inserting ``after the application of subparagraphs (B) and (C) of paragraph (3) and''; and (2) in paragraph (4)(E), by striking ``paragraph'' and inserting ``subsection''. MANDATORY APPROPRIATIONS. ``(B) Phaseout percentage.--For purposes of subparagraph (A), the term `phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.''. 36C. Expenses for household and dependent care services necessary for gainful employment.''. ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. SEC. (B) Other funds.--The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle.

SHORT TITLE. 1. 2. Direct certification for children receiving Social Security income. Retroactive reimbursement. Statewide free universal school meals demonstration projects. Additional CAPTA funding. Purpose. 201. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. CHILD SAVINGS ACCOUNT PROGRAM. ``(D) States.--The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States.''. 618(a)) is amended-- (1) in paragraph (2)(A), by striking ``after'' and inserting ``after the application of subparagraphs (B) and (C) of paragraph (3) and''; and (2) in paragraph (4)(E), by striking ``paragraph'' and inserting ``subsection''. ``(B) Phaseout percentage.--For purposes of subparagraph (A), the term `phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.''. 36C. ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. SEC. (B) Other funds.--The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle.

SHORT TITLE. TABLE OF CONTENTS. 1. 2. Direct certification for children receiving Social Security income. Retroactive reimbursement. Statewide free universal school meals demonstration projects. Additional CAPTA funding. Purpose. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) in subclause (IX)(dd), by inserting ``or'' at the end; and (3) by adding at the end the following new subclause: ``(X) beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act, who are individuals who have not attained 19 years of age;''. 201. (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. CHILD SAVINGS ACCOUNT PROGRAM. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 201(c)(1) of the Five Freedoms for America's Children Act, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. 529B. ``(D) States.--The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States.''. 618(a)) is amended-- (1) in paragraph (2)(A), by striking ``after'' and inserting ``after the application of subparagraphs (B) and (C) of paragraph (3) and''; and (2) in paragraph (4)(E), by striking ``paragraph'' and inserting ``subsection''. MANDATORY APPROPRIATIONS. ``(B) Phaseout percentage.--For purposes of subparagraph (A), the term `phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.''. 36C. Expenses for household and dependent care services necessary for gainful employment.''. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. The purpose of this subtitle is to support and assist States in investigating, recognizing, reporting and preventing institutional and systemic child abuse. SEC. (B) Other funds.--The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle.

SHORT TITLE. TABLE OF CONTENTS. 1. 2. Direct certification for children receiving Social Security income. Retroactive reimbursement. Universal Medicaid direct certification. Statewide free universal school meals demonstration projects. Additional CAPTA funding. Purpose. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) in subclause (IX)(dd), by inserting ``or'' at the end; and (3) by adding at the end the following new subclause: ``(X) beginning on the date that is 2 years after the date of enactment of the Five Freedoms for America's Children Act, who are individuals who have not attained 19 years of age;''. ``(C) Opt-out if other coverage is available.--The State shall establish a process to allow the parent, guardian, or custodial relative of a child who is automatically enrolled in the State plan under subparagraph (A) to disenroll the child from the State plan through affirmation in writing if the child is enrolled in other health benefits coverage that-- ``(i) at a minimum, provides the essential health benefits defined by the Secretary under section 1302(b) of the Patient Protection and Affordable Care Act; and ``(ii) meets such other requirements as the Secretary determines appropriate.''. 201. (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. CHILD SAVINGS ACCOUNT PROGRAM. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 201(c)(1) of the Five Freedoms for America's Children Act, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. 529B. 301. ``(D) States.--The Secretary shall use the remainder of the aggregate amount appropriated to carry out this section in each fiscal year, after the application of subparagraphs (B) and (C), for grants to States.''. 618(a)) is amended-- (1) in paragraph (2)(A), by striking ``after'' and inserting ``after the application of subparagraphs (B) and (C) of paragraph (3) and''; and (2) in paragraph (4)(E), by striking ``paragraph'' and inserting ``subsection''. (d) Effective Date.--The amendments made by this section take effect on October 1, 2021. MANDATORY APPROPRIATIONS. ``(B) Phaseout percentage.--For purposes of subparagraph (A), the term `phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.''. ``(2) Rounding.--If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100.''. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. 402. 1381 et seq.).''. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. The purpose of this subtitle is to support and assist States in investigating, recognizing, reporting and preventing institutional and systemic child abuse. SEC. (3) Rule of construction.--Nothing in this subsection may be construed to require the dissemination of any information that the Attorney General determines-- (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to a child. (B) Other funds.--The Attorney General shall make funds that remain available after disbursements under subparagraph (A), and any other unobligated funds, available on an equitable basis to those States that have achieved full compliance with the requirements under this subtitle. (e) Regulations.--The Attorney General shall promulgate regulations to carry out this subtitle.

H.R.1560

Crime and Law Enforcement

Resources for Victims of Gun Violence Act of 2021 This bill establishes the Advisory Council to Support Victims of Gun Violence. Among other things, the advisory council must assess the needs of victims of gun violence and disseminate information about helpful resources.

To establish a Federal Advisory Council to Support Victims of Gun Violence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Resources for Victims of Gun Violence Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) In the United States, more than 100 individuals are killed with guns every day, totaling nearly 40,000 individuals who die from gun violence every year. (2) Additionally, more than 230 individuals sustain a nonfatal gun injury every day. According to a recent national poll, an estimated 10,000,000 individuals in the United States have been shot and injured in their lifetimes. (3) In that same poll, approximately 58 percent of adults in the United States reported that they, or someone they care for, have experienced a form of gun violence, including a gun suicide, a gun homicide, domestic violence involving a gun, or an unintentional shooting. (4) Nearly two-thirds of gun-related deaths in the United States are suicides. Most individuals who attempt suicide do not die--unless they use a gun. Approximately 90 percent of gun suicide attempts end in death, whereas 4 percent of suicide attempts not involving a firearm result in death. (5) This is particularly concerning for veterans, children, and teenagers. Veterans are 1.5 times more likely than non- veterans to die by suicide, and in 2017, 69 percent of veteran suicides were by gun. Among children and teenagers, the rate of gun suicide has increased 59 percent over the past 10 years. (6) An estimated 40,000,000 adults in the United States report someone they cared for had attempted or died by suicide with a gun. (7) More than one-third of gun-related deaths in the United States are homicides, and in 2015, the gun homicide rate in the United States was nearly 25 times higher than in other high- income countries. (8) Gun homicides in the United States occur disproportionately in cities, particularly in racially segregated neighborhoods with high rates of poverty. Gun homicide disproportionately affects communities of color, and Black Americans represent the majority of gun homicide victims. (9) More than 600 mass shootings, defined as shootings in which 4 or more individuals were shot and killed or injured, took place in the United States in 2020, and more than 2,600 mass shootings have taken place since the shooting at Sandy Hook Elementary School in Newtown, Connecticut, in 2012. (10) Firearms are the leading cause of death for children and teenagers. In 2019, more than 3,300 children and teenagers were shot and killed. Each year, approximately 15,600 children and teenagers are shot and injured. Black children and teenagers are 14 times more likely than their white peers to die by gun homicide. (11) During an average year in the United States, more than 600 women are shot to death by an intimate partner, and many more women are shot and injured by an intimate partner. Nearly 1,000,000 women in the United States who are alive today have been shot or shot at by an intimate partner, and approximately 4,500,000 women in the United States today have been threatened with a gun by an intimate partner. (12) More than 10,300 violent hate crimes committed in the United States in an average year involve a gun, or more than 28 each day. The vast majority of hate crimes are directed against communities of color, religious minorities, and individuals in the LGBTQ+ community. (13) In 2020, communities and cities across the United States experienced an increase in gun violence and gun homicides as the country struggled with the economic and social uncertainty caused by the COVID-19 pandemic. (14) From March 2020 through November 2020, an estimated 17,400,000 guns were sold, an 81 percent increase over the same period in 2019. This unprecedented surge in gun sales put children, victims of domestic abuse, and communities of color at an even greater risk of gun violence. (15) The individuals who survive gun violence every year in the United States face a lifelong process of physical and emotional healing, in addition to the heavy economic costs faced by those survivors, their families and communities, and society as a whole. Furthermore, victims of gun violence are often unaware of or have trouble accessing many available resources that could help them in their recovery. (16) Victims of gun violence experience persistent mental health problems, including post-traumatic stress, depression, self-harm, anxiety, and substance abuse. The National Center for PTSD (Post-Traumatic Stress Disorder) of the Department of Veterans Affairs estimates that 28 percent of individuals who witness a mass shooting develop PTSD, and about one-third of those individuals develop acute stress disorder. Victims of gun violence suffer from increased rates of unemployment, and young victims of gun violence are more likely to have lower grades and more absences from school. (17) Young people who survive gun-related incidents are also at risk of experiencing gun violence again in the future. One study estimated that nearly one-fourth of the individuals who survive a gun shooting at age 24 or younger will be shot again within the next 10 years. (18) Given the immense physical and emotional toll of gun violence on victims, Congress must do more to ensure that victims of gun violence have access to the resources they need to recover from their trauma--especially for victims experiencing common, everyday gun violence in racially segregated neighborhoods with high rates of poverty and chronic disinvestment. SEC. 3. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Advisory Council to Support Victims of Gun Violence established under section 4. (2) Appropriate committees.--The term ``appropriate committees'' means the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on the Judiciary of the Senate. (C) The Committee on Education and Labor of the House of Representatives. (D) The Committee on Energy and Commerce of the House of Representatives. (E) The Committee on the Judiciary of the House of Representatives. (F) Any other relevant committee of the Senate or of the House of Representatives with jurisdiction over matters affecting victims of gun violence. (3) Gun violence.--The term ``gun violence'' means-- (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional.--The term ``victim assistance professional'' means a professional who assists victims of gun violence, including-- (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. (5) Victim of gun violence.--The term ``victim of gun violence'' means-- (A) an individual who has been wounded as a result of gun violence; (B) an individual who has been threatened with an act of gun violence; (C) an individual who has witnessed an act of gun violence; and (D) a relative, classmate, coworker, or other associate of-- (i) an individual who has been killed as a result of gun violence; or (ii) an individual described in subparagraph (A) or (B). SEC. 4. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE. (a) Establishment.--There is established an Advisory Council to Support Victims of Gun Violence. (b) Membership.-- (1) In general.--The Advisory Council shall be composed of the following members or their designees: (A) The Secretary of Health and Human Services. (B) The Attorney General. (C) The Secretary of Education. (D) The Secretary of Housing and Urban Development. (E) The Secretary of Veterans Affairs. (F) The Commissioner of the Social Security Administration. (G) The Assistant Secretary for Mental Health and Substance Use. (H) The Director of the Centers for Disease Control and Prevention. (I) The Director of the National Institutes of Health. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (L) The Director of the Office for Victims of Crime. (M) The chairman of the Board of the Legal Services Corporation. (N) As appropriate, the head of any other Federal department or agency identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to issues affecting victims of gun violence. (2) Additional members.--In addition to the members described in paragraph (1), the Advisory Council shall be composed of the following: (A) Not fewer than 2 and not more than 5 victims of gun violence, who shall be appointed by the Secretary of Health and Human Services. (B) Not fewer than 2 and not more than 5 victim assistance professionals, who shall be appointed by the Secretary of Health and Human Services. (3) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Advisory Council. (c) Duties.-- (1) Assessment.--The Advisory Council shall-- (A) survey victims of gun violence and victim assistance professionals about their needs in order to inform the content of information disseminated under paragraph (2) and the report published under paragraph (3); (B) conduct a literature review and assess past or ongoing programs designed to assist victims of gun violence or individuals with similar needs to determine-- (i) the effectiveness of the programs; and (ii) best and promising practices for assisting victims of gun violence; and (C) assess the administration of compensation funds established after mass shootings to determine best and promising practices to direct victims of gun violence to sources of funding. (2) Information.-- (A) In general.--The Advisory Council shall identify, promote, coordinate, and disseminate to the public information, resources, and best and promising practices available to help victims of gun violence-- (i) meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (ii) maintain their mental health and emotional well-being; (iii) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (iv) access government programs, services, and benefits for which they may be eligible or to which they may be entitled. (B) Contact information.--The Advisory Council shall include in the information disseminated under subparagraph (A) the websites and telephone contact information for helplines of relevant Federal agencies, State agencies, and nonprofit organizations. (C) Availability.--The Advisory Council shall make the information described in subparagraphs (A) and (B) available-- (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to-- (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (3) Report.--Not later than 180 days after the date of enactment of this Act, the Advisory Council shall-- (A) prepare a report that-- (i) includes the best and promising practices, resources, and other useful information for victims of gun violence identified under paragraph (2); (ii) identifies any gaps in items described in clause (i); and (iii) if applicable, identifies any additional Federal or State legislative authority necessary to implement the activities described in clause (i) or address the gaps described in clause (ii); (B) submit the report prepared under subparagraph (A) to-- (i) the appropriate committees; (ii) each State agency that is responsible for administering health and human services; (iii) each State agency that is responsible for administering education programs; and (iv) the office of each State attorney general; and (C) make the report prepared under subparagraph (A) available to the public online in an accessible format. (4) Follow-up report.--Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall-- (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (5) Public input.-- (A) In general.--The Advisory Council shall establish a process to collect public input to inform the development of, and provide updates to, the best and promising practices, resources, and other information described in paragraph (2), including by conducting outreach to entities and individuals described in subparagraph (B) of this paragraph that-- (i) have a range of experience with the types of gun violence described in section 3(3); and (ii) include representation from communities disproportionately affected by gun violence. (B) Entities and individuals.--The entities and individuals described in this subparagraph are-- (i) States, local governments, and organizations that provide information to, or support for, victims of gun violence; (ii) victims of gun violence; and (iii) victim assistance professionals. (C) Nature of outreach.--In conducting outreach under subparagraph (A), the Advisory Council shall ask for input on-- (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence-- (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence. (d) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. (e) Funding.--No additional funds are authorized to be appropriated to carry out this Act. (f) Sunset.--The Advisory Council shall terminate on the date that is 5 years after the date of establishment of the Advisory Council. <all>

Resources for Victims of Gun Violence Act of 2021

To establish a Federal Advisory Council to Support Victims of Gun Violence.

Resources for Victims of Gun Violence Act of 2021

Rep. Evans, Dwight

D

PA

This bill establishes the Advisory Council to Support Victims of Gun Violence. Among other things, the advisory council must assess the needs of victims of gun violence and disseminate information about helpful resources.

2. According to a recent national poll, an estimated 10,000,000 individuals in the United States have been shot and injured in their lifetimes. Veterans are 1.5 times more likely than non- veterans to die by suicide, and in 2017, 69 percent of veteran suicides were by gun. (8) Gun homicides in the United States occur disproportionately in cities, particularly in racially segregated neighborhoods with high rates of poverty. In 2019, more than 3,300 children and teenagers were shot and killed. (11) During an average year in the United States, more than 600 women are shot to death by an intimate partner, and many more women are shot and injured by an intimate partner. 3. (E) The Committee on the Judiciary of the House of Representatives. (3) Gun violence.--The term ``gun violence'' means-- (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional.--The term ``victim assistance professional'' means a professional who assists victims of gun violence, including-- (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. SEC. 4. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE. (B) The Attorney General. (C) The Secretary of Education. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (3) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Advisory Council. (4) Follow-up report.--Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall-- (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (C) Nature of outreach.--In conducting outreach under subparagraph (A), the Advisory Council shall ask for input on-- (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence-- (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence.

2. According to a recent national poll, an estimated 10,000,000 individuals in the United States have been shot and injured in their lifetimes. Veterans are 1.5 times more likely than non- veterans to die by suicide, and in 2017, 69 percent of veteran suicides were by gun. In 2019, more than 3,300 children and teenagers were shot and killed. 3. (E) The Committee on the Judiciary of the House of Representatives. (3) Gun violence.--The term ``gun violence'' means-- (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional.--The term ``victim assistance professional'' means a professional who assists victims of gun violence, including-- (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. SEC. 4. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE. (B) The Attorney General. (C) The Secretary of Education. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (3) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Advisory Council. (4) Follow-up report.--Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall-- (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format.

SHORT TITLE. 2. FINDINGS. (2) Additionally, more than 230 individuals sustain a nonfatal gun injury every day. According to a recent national poll, an estimated 10,000,000 individuals in the United States have been shot and injured in their lifetimes. Approximately 90 percent of gun suicide attempts end in death, whereas 4 percent of suicide attempts not involving a firearm result in death. Veterans are 1.5 times more likely than non- veterans to die by suicide, and in 2017, 69 percent of veteran suicides were by gun. (8) Gun homicides in the United States occur disproportionately in cities, particularly in racially segregated neighborhoods with high rates of poverty. In 2019, more than 3,300 children and teenagers were shot and killed. (11) During an average year in the United States, more than 600 women are shot to death by an intimate partner, and many more women are shot and injured by an intimate partner. (14) From March 2020 through November 2020, an estimated 17,400,000 guns were sold, an 81 percent increase over the same period in 2019. The National Center for PTSD (Post-Traumatic Stress Disorder) of the Department of Veterans Affairs estimates that 28 percent of individuals who witness a mass shooting develop PTSD, and about one-third of those individuals develop acute stress disorder. (17) Young people who survive gun-related incidents are also at risk of experiencing gun violence again in the future. 3. DEFINITIONS. (2) Appropriate committees.--The term ``appropriate committees'' means the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (E) The Committee on the Judiciary of the House of Representatives. (3) Gun violence.--The term ``gun violence'' means-- (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional.--The term ``victim assistance professional'' means a professional who assists victims of gun violence, including-- (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. SEC. 4. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE. (B) The Attorney General. (C) The Secretary of Education. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (3) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Advisory Council. (C) Availability.--The Advisory Council shall make the information described in subparagraphs (A) and (B) available-- (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to-- (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (4) Follow-up report.--Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall-- (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (C) Nature of outreach.--In conducting outreach under subparagraph (A), the Advisory Council shall ask for input on-- (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence-- (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence. App.) (e) Funding.--No additional funds are authorized to be appropriated to carry out this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (2) Additionally, more than 230 individuals sustain a nonfatal gun injury every day. According to a recent national poll, an estimated 10,000,000 individuals in the United States have been shot and injured in their lifetimes. Approximately 90 percent of gun suicide attempts end in death, whereas 4 percent of suicide attempts not involving a firearm result in death. Veterans are 1.5 times more likely than non- veterans to die by suicide, and in 2017, 69 percent of veteran suicides were by gun. (6) An estimated 40,000,000 adults in the United States report someone they cared for had attempted or died by suicide with a gun. (8) Gun homicides in the United States occur disproportionately in cities, particularly in racially segregated neighborhoods with high rates of poverty. In 2019, more than 3,300 children and teenagers were shot and killed. (11) During an average year in the United States, more than 600 women are shot to death by an intimate partner, and many more women are shot and injured by an intimate partner. The vast majority of hate crimes are directed against communities of color, religious minorities, and individuals in the LGBTQ+ community. (14) From March 2020 through November 2020, an estimated 17,400,000 guns were sold, an 81 percent increase over the same period in 2019. (15) The individuals who survive gun violence every year in the United States face a lifelong process of physical and emotional healing, in addition to the heavy economic costs faced by those survivors, their families and communities, and society as a whole. (16) Victims of gun violence experience persistent mental health problems, including post-traumatic stress, depression, self-harm, anxiety, and substance abuse. The National Center for PTSD (Post-Traumatic Stress Disorder) of the Department of Veterans Affairs estimates that 28 percent of individuals who witness a mass shooting develop PTSD, and about one-third of those individuals develop acute stress disorder. (17) Young people who survive gun-related incidents are also at risk of experiencing gun violence again in the future. One study estimated that nearly one-fourth of the individuals who survive a gun shooting at age 24 or younger will be shot again within the next 10 years. 3. DEFINITIONS. (2) Appropriate committees.--The term ``appropriate committees'' means the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (E) The Committee on the Judiciary of the House of Representatives. (3) Gun violence.--The term ``gun violence'' means-- (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional.--The term ``victim assistance professional'' means a professional who assists victims of gun violence, including-- (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. SEC. 4. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE. (a) Establishment.--There is established an Advisory Council to Support Victims of Gun Violence. (B) The Attorney General. (C) The Secretary of Education. (D) The Secretary of Housing and Urban Development. (G) The Assistant Secretary for Mental Health and Substance Use. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (M) The chairman of the Board of the Legal Services Corporation. (3) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Advisory Council. (B) Contact information.--The Advisory Council shall include in the information disseminated under subparagraph (A) the websites and telephone contact information for helplines of relevant Federal agencies, State agencies, and nonprofit organizations. (C) Availability.--The Advisory Council shall make the information described in subparagraphs (A) and (B) available-- (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to-- (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (4) Follow-up report.--Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall-- (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (C) Nature of outreach.--In conducting outreach under subparagraph (A), the Advisory Council shall ask for input on-- (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence-- (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence. App.) (e) Funding.--No additional funds are authorized to be appropriated to carry out this Act.

H.R.7080

Finance and Financial Sector

Nowhere to Hide Oligarchs' Assets Act This bill expands the scope of the Financial Crimes Enforcement Network's (FinCEN's) authority to obtain records related to financial crimes. Specifically, FinCEN may request a nationwide geographic targeting order requiring additional recordkeeping and reporting requirements applicable to domestic financial institutions or nonfinancial trades or businesses. Under current law, such an order must be limited to a specific geographic area. Additionally, the bill expands existing recordkeeping and reporting requirements applicable to U.S. residents, citizens, and entities when transacting with a foreign financial agency to also include transactions with a foreign nonfinancial trade or business.

To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nowhere to Hide Oligarchs' Assets Act''. SEC. 2. RECORDS OF CERTAIN DOMESTIC TRANSACTIONS. Section 5326(a) of title 31, United States Code, is amended by striking ``in a geographic area''. SEC. 3. RECORDS AND REPORTS ON FOREIGN FINANCIAL AGENCY TRANSACTIONS AND FOREIGN NONFINANCIAL TRADE OR BUSINESS TRANSACTIONS. (a) In General.--Section 5314 of title 31, United States Code, is amended-- (1) in the heading, by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''; and (2) in subsection (a) by striking ``foreign financial agency'' each place it occurs and inserting ``foreign financial agency or foreign nonfinancial trade or business''. (b) Conforming Amendment.--The table of sections located in subchapter II of Chapter 53 of Subtitle IV of Title 31 is amended in the item relating to section 5314 by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''. <all>

Nowhere to Hide Oligarchs’ Assets Act

To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes.

Nowhere to Hide Oligarchs’ Assets Act

Rep. Waters, Maxine

D

CA

This bill expands the scope of the Financial Crimes Enforcement Network's (FinCEN's) authority to obtain records related to financial crimes. Specifically, FinCEN may request a nationwide geographic targeting order requiring additional recordkeeping and reporting requirements applicable to domestic financial institutions or nonfinancial trades or businesses. Under current law, such an order must be limited to a specific geographic area. Additionally, the bill expands existing recordkeeping and reporting requirements applicable to U.S. residents, citizens, and entities when transacting with a foreign financial agency to also include transactions with a foreign nonfinancial trade or business.

To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nowhere to Hide Oligarchs' Assets Act''. SEC. 2. RECORDS OF CERTAIN DOMESTIC TRANSACTIONS. Section 5326(a) of title 31, United States Code, is amended by striking ``in a geographic area''. SEC. 3. RECORDS AND REPORTS ON FOREIGN FINANCIAL AGENCY TRANSACTIONS AND FOREIGN NONFINANCIAL TRADE OR BUSINESS TRANSACTIONS. (a) In General.--Section 5314 of title 31, United States Code, is amended-- (1) in the heading, by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''; and (2) in subsection (a) by striking ``foreign financial agency'' each place it occurs and inserting ``foreign financial agency or foreign nonfinancial trade or business''. (b) Conforming Amendment.--The table of sections located in subchapter II of Chapter 53 of Subtitle IV of Title 31 is amended in the item relating to section 5314 by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''. <all>

To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nowhere to Hide Oligarchs' Assets Act''. SEC. 2. RECORDS OF CERTAIN DOMESTIC TRANSACTIONS. Section 5326(a) of title 31, United States Code, is amended by striking ``in a geographic area''. SEC. 3. RECORDS AND REPORTS ON FOREIGN FINANCIAL AGENCY TRANSACTIONS AND FOREIGN NONFINANCIAL TRADE OR BUSINESS TRANSACTIONS. (a) In General.--Section 5314 of title 31, United States Code, is amended-- (1) in the heading, by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''; and (2) in subsection (a) by striking ``foreign financial agency'' each place it occurs and inserting ``foreign financial agency or foreign nonfinancial trade or business''. (b) Conforming Amendment.--The table of sections located in subchapter II of Chapter 53 of Subtitle IV of Title 31 is amended in the item relating to section 5314 by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''. <all>

To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nowhere to Hide Oligarchs' Assets Act''. SEC. 2. RECORDS OF CERTAIN DOMESTIC TRANSACTIONS. Section 5326(a) of title 31, United States Code, is amended by striking ``in a geographic area''. SEC. 3. RECORDS AND REPORTS ON FOREIGN FINANCIAL AGENCY TRANSACTIONS AND FOREIGN NONFINANCIAL TRADE OR BUSINESS TRANSACTIONS. (a) In General.--Section 5314 of title 31, United States Code, is amended-- (1) in the heading, by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''; and (2) in subsection (a) by striking ``foreign financial agency'' each place it occurs and inserting ``foreign financial agency or foreign nonfinancial trade or business''. (b) Conforming Amendment.--The table of sections located in subchapter II of Chapter 53 of Subtitle IV of Title 31 is amended in the item relating to section 5314 by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''. <all>

To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nowhere to Hide Oligarchs' Assets Act''. SEC. 2. RECORDS OF CERTAIN DOMESTIC TRANSACTIONS. Section 5326(a) of title 31, United States Code, is amended by striking ``in a geographic area''. SEC. 3. RECORDS AND REPORTS ON FOREIGN FINANCIAL AGENCY TRANSACTIONS AND FOREIGN NONFINANCIAL TRADE OR BUSINESS TRANSACTIONS. (a) In General.--Section 5314 of title 31, United States Code, is amended-- (1) in the heading, by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''; and (2) in subsection (a) by striking ``foreign financial agency'' each place it occurs and inserting ``foreign financial agency or foreign nonfinancial trade or business''. (b) Conforming Amendment.--The table of sections located in subchapter II of Chapter 53 of Subtitle IV of Title 31 is amended in the item relating to section 5314 by striking ``foreign financial agency transactions'' and inserting ``foreign financial agency transactions and foreign nonfinancial trade or business transactions''. <all>

H.R.6119

Economics and Public Finance

Further Extending Government Funding Act This act provides continuing FY2022 appropriations for federal agencies, provides supplemental appropriations, and extends several expiring authorities. Specifically, the act provides continuing FY2022 appropriations to federal agencies through the earlier of February 18, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2022 appropriations bills have not been enacted when the existing CR expires on December 3, 2021. The CR funds most programs and activities at the FY2021 levels with several exceptions that provide funding flexibility and additional appropriations for various programs. In addition, the act provides supplemental appropriations to several federal agencies for activities related to the evacuees from Afghanistan. Specifically, the act provides appropriations to The act also extends several expiring authorities, including

[117th Congress Public Law 70] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1499]] Public Law 117-70 117th Congress An Act Making further continuing appropriations for the fiscal year ending September 30, 2022, and for other purposes. <<NOTE: Dec. 3, 2021 - [H.R. 6119]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Further Extending Government Funding Act.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Further Extending Government Funding Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short Title. Sec. 2. Table of Contents. Sec. 3. References. DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2022 DIVISION B--ADDITIONAL AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022 DIVISION C--EXTENSIONS Title I--Extensions Title II--Budgetary Effects SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A--FURTHER <<NOTE: Further Continuing Appropriations Act, 2022.>> CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is amended-- (1) <<NOTE: Ante, p. 346.>> by striking the date specified in section 106(3) and inserting ``February 18, 2022''; (2) <<NOTE: Ante, p. 348.>> in section 118, by striking ``first quarter'' and inserting ``first and second quarters''; (3) <<NOTE: Ante, p. 352.>> in section 137, by striking ``$22,080,000'' and inserting ``$44,838,000'' and by striking ``$2,261,000'' and inserting ``$4,547,000''; and (4) <<NOTE: Applicability.>> by adding after section 157 the following new sections: ``Sec. 158. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(i)(2)) shall be applied by substituting the date specified in section 106(3) of this Act for `December 31, 2021'. ``Sec. 159. Section <<NOTE: Repeal.>> 533 of title V of division B of Public Law 116-260 is repealed. [[Page 135 STAT. 1500]] ``Sec. 160. (a) Notwithstanding section 101, section 748 of title VII of division E of Public Law 116-260 shall be applied during the period covered by this Act by-- ``(1) substituting `2023' for `2022'; ``(2) substituting `2022' for `2021' each place it appears; ``(3) substituting `2021' for `2020' each place it appears; and ``(4) substituting `section 748 of division E of Public Law 116-260, as in effect on September 30, 2021' for `section 749 of division C of Public Law 116-93' each place it appears. ``(b) <<NOTE: Effective date.>> Subsection (a) shall not take effect until the first day of the first applicable pay period beginning on or after January 1, 2022. ``Sec. 161. Section 302 of the Universal Service Antideficiency Temporary Suspension Act shall be applied by substituting the date specified in section 106(3) of this Act for `December 31, 2021' each place it appears. ``Sec. 162. In addition to amounts otherwise provided by this Act, there is appropriated $1,600,000,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2024, for the account specified and for the activities specified, in section 141 of this Act. ``Sec. 163. During the period covered by this Act, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318) shall be applied by substituting `$200,000,000' for `$100,000,000'.''. This division may be cited as the ``Further Continuing Appropriations Act, 2022''. DIVISION B--ADDITIONAL <<NOTE: Additional Afghanistan Supplemental Appropriations Act, 2022.>> AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: TITLE I DEPARTMENT OF DEFENSE MILITARY PERSONNEL Military Personnel, Army For an additional amount for ``Military Personnel, Army'', $128,000,000, to remain available until September 30, 2022, for support of Operation Allies Welcome by the Department of Defense. Military Personnel, Navy For an additional amount for ``Military Personnel, Navy'', $7,000,000, to remain available until September 30, 2022, for support of Operation Allies Welcome by the Department of Defense. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $32,000,000, to remain available until September 30, 2022, [[Page 135 STAT. 1501]] for support of Operation Allies Welcome by the Department of Defense. Military Personnel, Air Force For an additional amount for ``Military Personnel, Air Force'', $145,000,000, to remain available until September 30, 2022, for support of Operation Allies Welcome by the Department of Defense. OPERATION AND MAINTENANCE Overseas Humanitarian, Disaster, and Civic Aid For an additional amount for ``Overseas Humanitarian, Disaster, and Civic Aid'', $4,000,000,000, to remain available until September 30, 2023, for support of Operation Allies Welcome by the Department of Defense. GENERAL PROVISIONS--THIS TITLE Sec. 1101. Not <<NOTE: Time period. Reports.>> later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall provide a written report to the congressional defense committees describing the execution of funds provided in this title, including the amounts obligated and expended, in total and since the previous report; the nature of the costs incurred or services provided by such funds; and any reimbursements or funds transferred by another Federal agency to the Department of Defense which relates to the purpose of the funds provided by this title. Sec. 1102. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. TITLE II DEPARTMENT OF HOMELAND SECURITY DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT Office of the Secretary and Executive Management operations and support For an additional amount for ``Operations and Support'', $147,456,000, to remain available until September 30, 2022, for necessary expenses in support of Operation Allies Welcome, including the provision of staffing and support services for Safe Havens: Provided, That amounts <<NOTE: Transfer authority.>> provided under this heading in this Act may be transferred by the Secretary of Homeland Security to other appropriations in the Department of Homeland Security only for necessary expenses of Operation Allies Welcome and not for any other purpose: Provided further, That amounts made available under this heading in this Act shall be available in addition to any other appropriations available for the same purpose, including appropriations available pursuant to the authority of [[Page 135 STAT. 1502]] section 506(a)(2) of the Foreign Assistance Act of 1961: Provided further, That, beginning <<NOTE: Reports.>> not later than January 31, 2022, the Office of the Secretary shall report monthly to the Committees on Appropriations of the Senate and the House of Representatives on the use of transfer authority provided under this heading in this Act. TITLE III DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention cdc-wide activities and program support For an additional amount for ``CDC-Wide Activities and Program Support'', $8,000,000, to remain available until September 30, 2022, for support of Operation Allies Welcome for medical support, screening, and other related public health activities related to Afghan arrivals and refugees. Administration for Children and Families refugee and entrant assistance For an additional amount for ``Refugee and Entrant Assistance'', $1,263,728,000, to remain available until September 30, 2023, for support of Operation Allies Welcome for carrying out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act and citizens or nationals of Afghanistan for whom such refugee and entrant assistance activities are authorized: Provided, That amounts <<NOTE: Grants. Contracts.>> made available under this heading in this Act may be used for grants or contracts with qualified nonprofit organizations to provide culturally and linguistically appropriate services, including wrap-around services during temporary housing and after resettlement, housing assistance, medical assistance, legal assistance, education services, and case management assistance: Provided further, That <<NOTE: Allocation.>> the Director of the Office of Refugee Resettlement, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available. TITLE IV DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic programs For an additional amount for ``Diplomatic Programs'', $44,300,000, to remain available until expended, for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and to reimburse the account under this heading in prior Acts making [[Page 135 STAT. 1503]] appropriations for the Department of State, foreign operations, and related programs for obligations previously incurred. emergencies in the diplomatic and consular service For an <<NOTE: Reimbursement.>> additional amount for ``Emergencies in the Diplomatic and Consular Service'', $36,000,000, to remain available until expended, for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and to reimburse the account under this heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs for obligations previously incurred. BILATERAL ECONOMIC ASSISTANCE Department of State united states emergency refugee and migration assistance fund For an additional amount for ``United States Emergency Refugee and Migration Assistance Fund'', $1,200,000,000, to remain available until expended, notwithstanding section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses. GENERAL PROVISION--THIS TITLE Sec. 1401. The Secretary of State shall include in the reports required by section 2402 of title IV of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) the proposed uses of funds appropriated under this title. TITLE V GENERAL PROVISIONS--THIS ACT Sec. 1501. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Sec. 1502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 1503. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. Sec. 1504. Each amount provided by this division is designated by the Congress as being for 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. [[Page 135 STAT. 1504]] Sec. 1505. Not <<NOTE: Reports.>> later than January 15, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome: Provided, That such report <<NOTE: Strategy. Plans. Timeline. Cost estimate.>> shall describe the strategy and transition plan leading to the conclusion of Operation Allies Welcome; a plan, including timeline, for relocating all Afghans currently residing at Department of Defense facilities to longer-term housing; the activities and responsibilities assigned to each Federal agency involved in such strategy and transition plan; and an estimate of the costs from each such agency for carrying out such strategy and transition plan. This division may be cited as the ``Additional Afghanistan Supplemental Appropriations Act, 2022''. DIVISION C--EXTENSIONS TITLE I--EXTENSIONS SEC. 2101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``December 3, 2021'' and inserting ``February 18, 2022''. SEC. 2102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT. Section 3014(a) of title 18, United States Code, is amended by striking ``December 31, 2021'' and inserting ``February 18, 2022''. SEC. 2103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. Effective <<NOTE: Effective date.>> as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116-114), section 2 of such Act (as amended by Public Law 117-43) <<NOTE: Ante, p. 380.>> is amended by striking ``January 28, 2022'' and inserting ``February 18, 2022''. SEC. 2104. EXTENDING INCREASED FMAP FOR CERTAIN TERRITORIES. (a) In General.--Section 1905(ff)(3) of the Social Security Act (42 U.S.C. 1396d(ff)(3)) is amended by striking ``December 3, 2021'' and inserting ``February 18, 2022''. (b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$69,000,000'' and inserting ``$56,000,000''. TITLE II--BUDGETARY EFFECTS SEC. 2201. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecards.--The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). [[Page 135 STAT. 1505]] (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. Approved December 3, 2021. LEGISLATIVE HISTORY--H.R. 6119: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): Dec. 2, considered and passed House and Senate. <all>

Further Extending Government Funding

Making further continuing appropriations for the fiscal year ending September 30, 2022, and for other purposes.

Further Extending Government Funding Act Further Extending Government Funding Act Additional Afghanistan Supplemental Appropriations Act, 2022 Further Continuing Appropriations Act, 2022 Additional Afghanistan Supplemental Appropriations Act, 2022 Further Continuing Appropriations Act, 2022 Further Extending Government Funding Act Additional Afghanistan Supplemental Appropriations Act, 2022 Further Continuing Appropriations Act, 2022

Rep. DeLauro, Rosa L.

D

CT

This act provides continuing FY2022 appropriations for federal agencies, provides supplemental appropriations, and extends several expiring authorities. Specifically, the act provides continuing FY2022 appropriations to federal agencies through the earlier of February 18, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2022 appropriations bills have not been enacted when the existing CR expires on December 3, 2021. The CR funds most programs and activities at the FY2021 levels with several exceptions that provide funding flexibility and additional appropriations for various programs. In addition, the act provides supplemental appropriations to several federal agencies for activities related to the evacuees from Afghanistan. Specifically, the act provides appropriations to The act also extends several expiring authorities, including

SHORT TITLE. This Act may be cited as the ``Further Extending Government Funding Act''. TABLE OF CONTENTS. 1. 2. References. 3. DIVISION A--FURTHER <<NOTE: Further Continuing Appropriations Act, 2022.>> CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101. ``(b) <<NOTE: Effective date.>> Subsection (a) shall not take effect until the first day of the first applicable pay period beginning on or after January 1, 2022. 2318) shall be applied by substituting `$200,000,000' for `$100,000,000'.''. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $32,000,000, to remain available until September 30, 2022, [[Page 135 STAT. 1501]] for support of Operation Allies Welcome by the Department of Defense. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. Administration for Children and Families refugee and entrant assistance For an additional amount for ``Refugee and Entrant Assistance'', $1,263,728,000, to remain available until September 30, 2023, for support of Operation Allies Welcome for carrying out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act and citizens or nationals of Afghanistan for whom such refugee and entrant assistance activities are authorized: Provided, That amounts <<NOTE: Grants. emergencies in the diplomatic and consular service For an <<NOTE: Reimbursement.>> additional amount for ``Emergencies in the Diplomatic and Consular Service'', $36,000,000, to remain available until expended, for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and to reimburse the account under this heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs for obligations previously incurred. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1502. 1503. 1504. 1505. Not <<NOTE: Reports.>> later than January 15, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome: Provided, That such report <<NOTE: Strategy. Plans. Timeline. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT. Section 3014(a) of title 18, United States Code, is amended by striking ``December 31, 2021'' and inserting ``February 18, 2022''. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. Res. 71 (115th Congress). [[Page 135 STAT. LEGISLATIVE HISTORY--H.R. 6119: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.

SHORT TITLE. This Act may be cited as the ``Further Extending Government Funding Act''. TABLE OF CONTENTS. 1. 2. References. 3. DIVISION A--FURTHER <<NOTE: Further Continuing Appropriations Act, 2022.>> CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101. 2318) shall be applied by substituting `$200,000,000' for `$100,000,000'.''. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $32,000,000, to remain available until September 30, 2022, [[Page 135 STAT. 1501]] for support of Operation Allies Welcome by the Department of Defense. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. Administration for Children and Families refugee and entrant assistance For an additional amount for ``Refugee and Entrant Assistance'', $1,263,728,000, to remain available until September 30, 2023, for support of Operation Allies Welcome for carrying out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act and citizens or nationals of Afghanistan for whom such refugee and entrant assistance activities are authorized: Provided, That amounts <<NOTE: Grants. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1502. 1503. 1504. 1505. Not <<NOTE: Reports.>> later than January 15, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome: Provided, That such report <<NOTE: Strategy. Plans. Timeline. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT. Section 3014(a) of title 18, United States Code, is amended by striking ``December 31, 2021'' and inserting ``February 18, 2022''. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. BUDGETARY EFFECTS. Res. 71 (115th Congress). [[Page 135 STAT.

SHORT TITLE. This Act may be cited as the ``Further Extending Government Funding Act''. TABLE OF CONTENTS. 1. 2. References. 3. DIVISION A--FURTHER <<NOTE: Further Continuing Appropriations Act, 2022.>> CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101. 158. 159. 160. (a) Notwithstanding section 101, section 748 of title VII of division E of Public Law 116-260 shall be applied during the period covered by this Act by-- ``(1) substituting `2023' for `2022'; ``(2) substituting `2022' for `2021' each place it appears; ``(3) substituting `2021' for `2020' each place it appears; and ``(4) substituting `section 748 of division E of Public Law 116-260, as in effect on September 30, 2021' for `section 749 of division C of Public Law 116-93' each place it appears. ``(b) <<NOTE: Effective date.>> Subsection (a) shall not take effect until the first day of the first applicable pay period beginning on or after January 1, 2022. 161. 162. 163. 2318) shall be applied by substituting `$200,000,000' for `$100,000,000'.''. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $32,000,000, to remain available until September 30, 2022, [[Page 135 STAT. 1501]] for support of Operation Allies Welcome by the Department of Defense. 1101. 1102. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. Administration for Children and Families refugee and entrant assistance For an additional amount for ``Refugee and Entrant Assistance'', $1,263,728,000, to remain available until September 30, 2023, for support of Operation Allies Welcome for carrying out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act and citizens or nationals of Afghanistan for whom such refugee and entrant assistance activities are authorized: Provided, That amounts <<NOTE: Grants. emergencies in the diplomatic and consular service For an <<NOTE: Reimbursement.>> additional amount for ``Emergencies in the Diplomatic and Consular Service'', $36,000,000, to remain available until expended, for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and to reimburse the account under this heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs for obligations previously incurred. 1401. The Secretary of State shall include in the reports required by section 2402 of title IV of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) the proposed uses of funds appropriated under this title. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1502. 1503. 1504. 1505. Not <<NOTE: Reports.>> later than January 15, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome: Provided, That such report <<NOTE: Strategy. Plans. Timeline. Cost estimate.>> shall describe the strategy and transition plan leading to the conclusion of Operation Allies Welcome; a plan, including timeline, for relocating all Afghans currently residing at Department of Defense facilities to longer-term housing; the activities and responsibilities assigned to each Federal agency involved in such strategy and transition plan; and an estimate of the costs from each such agency for carrying out such strategy and transition plan. 2101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 2102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT. Section 3014(a) of title 18, United States Code, is amended by striking ``December 31, 2021'' and inserting ``February 18, 2022''. 2103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. 2104. (a) In General.--Section 1905(ff)(3) of the Social Security Act (42 U.S.C. 2201. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. Res. 71 (115th Congress). [[Page 135 STAT. LEGISLATIVE HISTORY--H.R. 6119: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.

SHORT TITLE. This Act may be cited as the ``Further Extending Government Funding Act''. TABLE OF CONTENTS. 1. 2. References. 3. DIVISION A--FURTHER <<NOTE: Further Continuing Appropriations Act, 2022.>> CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is amended-- (1) <<NOTE: Ante, p. 346.>> by striking the date specified in section 106(3) and inserting ``February 18, 2022''; (2) <<NOTE: Ante, p. 348.>> in section 118, by striking ``first quarter'' and inserting ``first and second quarters''; (3) <<NOTE: Ante, p. 352.>> in section 137, by striking ``$22,080,000'' and inserting ``$44,838,000'' and by striking ``$2,261,000'' and inserting ``$4,547,000''; and (4) <<NOTE: Applicability.>> by adding after section 157 the following new sections: ``Sec. 158. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 159. 1500]] ``Sec. 160. (a) Notwithstanding section 101, section 748 of title VII of division E of Public Law 116-260 shall be applied during the period covered by this Act by-- ``(1) substituting `2023' for `2022'; ``(2) substituting `2022' for `2021' each place it appears; ``(3) substituting `2021' for `2020' each place it appears; and ``(4) substituting `section 748 of division E of Public Law 116-260, as in effect on September 30, 2021' for `section 749 of division C of Public Law 116-93' each place it appears. ``(b) <<NOTE: Effective date.>> Subsection (a) shall not take effect until the first day of the first applicable pay period beginning on or after January 1, 2022. 161. 162. 163. 2318) shall be applied by substituting `$200,000,000' for `$100,000,000'.''. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $32,000,000, to remain available until September 30, 2022, [[Page 135 STAT. 1501]] for support of Operation Allies Welcome by the Department of Defense. OPERATION AND MAINTENANCE Overseas Humanitarian, Disaster, and Civic Aid For an additional amount for ``Overseas Humanitarian, Disaster, and Civic Aid'', $4,000,000,000, to remain available until September 30, 2023, for support of Operation Allies Welcome by the Department of Defense. 1101. 1102. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. Administration for Children and Families refugee and entrant assistance For an additional amount for ``Refugee and Entrant Assistance'', $1,263,728,000, to remain available until September 30, 2023, for support of Operation Allies Welcome for carrying out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act and citizens or nationals of Afghanistan for whom such refugee and entrant assistance activities are authorized: Provided, That amounts <<NOTE: Grants. emergencies in the diplomatic and consular service For an <<NOTE: Reimbursement.>> additional amount for ``Emergencies in the Diplomatic and Consular Service'', $36,000,000, to remain available until expended, for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and to reimburse the account under this heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs for obligations previously incurred. 1401. The Secretary of State shall include in the reports required by section 2402 of title IV of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) the proposed uses of funds appropriated under this title. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1503. 1504. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 1505. Not <<NOTE: Reports.>> later than January 15, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome: Provided, That such report <<NOTE: Strategy. Plans. Timeline. Cost estimate.>> shall describe the strategy and transition plan leading to the conclusion of Operation Allies Welcome; a plan, including timeline, for relocating all Afghans currently residing at Department of Defense facilities to longer-term housing; the activities and responsibilities assigned to each Federal agency involved in such strategy and transition plan; and an estimate of the costs from each such agency for carrying out such strategy and transition plan. 2101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 2102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT. Section 3014(a) of title 18, United States Code, is amended by striking ``December 31, 2021'' and inserting ``February 18, 2022''. 2103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. 2104. EXTENDING INCREASED FMAP FOR CERTAIN TERRITORIES. (a) In General.--Section 1905(ff)(3) of the Social Security Act (42 U.S.C. TITLE II--BUDGETARY EFFECTS SEC. 2201. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. Res. 71 (115th Congress). [[Page 135 STAT. LEGISLATIVE HISTORY--H.R. 6119: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): Dec. 2, considered and passed House and Senate.

H.R.3473

Transportation and Public Works

Build Local, Hire Local Act This bill imposes various requirements on certain federally assisted infrastructure projects. The bill also creates infrastructure-related grant programs and establishes the Buy America Bureau. Such federally assisted infrastructure projects must (1) employ a certain percentage of local workers to the maximum extent practicable; and (2) prioritize hiring certain individuals, such as veterans and those facing barriers to employment. A certain percentage of funds for these projects must be used for contracts with small businesses that have fewer than 10 employees. When applying for a contract, grant, or loan related to a project, the applying entity must disclose whether there are any rulings, such as a civil judgment, finding that the entity has violated certain federal labor and occupational safety laws in the last three years. In addition, the Department of Transportation must award grants to entities in disadvantaged and underserved communities for infrastructure projects that create connected, economically prosperous, and environmentally healthy communities. Further, the Department of Labor must provide grants to workforce development boards and industry partnerships for job training programs to train certain groups, such as individuals with barriers to employment, for jobs in targeted infrastructure industries. The bill also establishes the Buy America Bureau within the Department of Commerce to oversee project compliance with existing laws that require the use of U.S.-made materials in certain federally funded projects.

To establish an expansive infrastructure program to create local jobs and raise the quality of life in every community, to launch middle class career pathways in infrastructure, and to invest in high-quality American jobs, and for other 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 ``Build Local, Hire Local 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. Definitions. TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY COMMUNITY Subtitle A--Creating Local Jobs Across the Country Sec. 111. Targeted hiring requirements for construction jobs created by covered infrastructure programs. Sec. 112. Compliance with court orders. Subtitle B--Rebuilding Our Infrastructure With American Business Sec. 121. Definitions. Sec. 122. Increasing meaningful small business participation. Sec. 123. Requiring meaningful participation from targeted businesses. Sec. 124. Compliance with court orders. Sec. 125. Expansion of Small Business Administration Surety Bond Program. Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value Contracting Analysis Sec. 131. Creating a best-value analysis for Federal expenditures on infrastructure, use of U.S. Employment Plans, and preferences for registered apprenticeship programs and neutrality in union organizing. Subtitle D--Improving Safety, Connectivity, and Access to Better Opportunities Sec. 141. Accessibility data program. Sec. 142. Establishment of performance measures for transportation accessibility. Sec. 143. Technical assistance program. Sec. 144. Connect Communities Program. TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE Sec. 201. Building American Infrastructure and Careers Program. Sec. 202. Infrastructure workforce equity capacity building program. Sec. 203. Authorization of appropriations. TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS Sec. 301. Wage rate. Sec. 302. Raise labor standards, improve working conditions, and strengthen workers' bargaining power. Sec. 303. Buy America Bureau. SEC. 2. FINDINGS. Congress finds that-- (1) infrastructure plays a vital role in the lives of all people in the United States; (2) the aging infrastructure of the United States is in need of a significant investment to repair, rebuild, and modernize, and in the process, the Federal Government can take necessary steps to address economic and racial injustices that have limited opportunities for far too many people of the United States; (3) decades of disinvestment and exclusionary policies have isolated many people of color, low-income people, and disabled individuals in the United States from opportunity across the urban centers, deindustrialized cities, rural regions, and Tribal areas of the United States, including horribly inadequate investment to ensure universal access to clean air and water, safe and reliable transportation, affordable housing, quality living wage jobs, high-speed internet, modernized schools, and parks and community facilities; (4) while the construction of the National Highway System remains one of the most transformative achievements in the history of the United States, it came at the expense of many low-income communities as well as minority neighborhoods of all income levels that were destroyed by the construction and isolated from the broader community and from economic opportunity; (5) investing in repairing, rebuilding, and modernizing the infrastructure of the United States presents an opportunity to learn from the mistakes of the past and reimagine how communities can design and build infrastructure to be more equitable, helping to address structural inequities faced by marginalized communities nationwide, including a lack of good paying jobs, affordable, accessible, and inclusive housing, decaying roads, bridges, and schools, inadequate access to technology, and exposure to toxic emissions and poisoned water; (6) accessibility to quality infrastructure, training, and jobs is an issue across the United States, spanning from rural and Tribal areas to urban and suburban areas; (7) transportation infrastructure has a significant impact on access to jobs, education, healthcare, healthy foods, and other essential services; (8) accessibility to essential services is defined not only by speed, but also by ease of access, which includes the ability to safely and conveniently access services by all modes of travel; (9) with a shortage of construction firms that are ready and able to take on the large-scale infrastructure projects the United States demands, the close to 478,000 specialty trade contractors in smaller minority, women, and disadvantaged businesses could be supported to meet this demand; (10) small businesses and under-represented contractors, including minority-, women-, veteran-owned businesses, and businesses owned by disabled individuals should have the opportunity to rebuild their communities and employ hardworking people of the United States along the way; (11) as of 2018, about \1/4\ of the infrastructure workforce is projected to retire or permanently leave their jobs over the next decade, compounding the infrastructure crisis in the United States; (12) as of 2019, the Board of Governors of the Federal Reserve System finds that skilled trades and many occupations that do not require a 4-year degree are not considered to be at significant risk of automation; (13) infrastructure jobs include a wide range of employment opportunities in both the public and private sectors, including design, manufacturing, construction, operation, governance, and maintenance of infrastructure assets in the United States; (14) more than 1 in 10 jobs in the United States is a transportation- or infrastructure-related job; (15) many infrastructure jobs provide competitive wages with low barriers to entry, many of which require on-the-job training in lieu of formal 4-year degree higher education programs; (16) in spite of rising income inequality, infrastructure jobs paid approximately 30 percent more to low income individuals than other occupations in 2018; (17) women, people of color, and particularly women of color are underrepresented in construction jobs; (18) while women across all occupations currently make up about 50 percent of the workforce, women in construction and extraction occupations has hovered around 3 percent for the last 3 decades; (19) while Black Americans make up about 12 percent of the overall workforce, Black Americans only represent 7 percent of construction and extraction occupations; (20) by focusing on improving workforce development systems through targeted employment strategies, the Federal Government can improve the quality of future projects and better ensure that all communities benefit from investments that-- (A) protect workers; (B) expand opportunities for advancement; (C) establish strong labor standards; and (D) redress discriminatory policies that have unfairly burdened low-income communities and communities of color with pollution and geographic isolation; and (21) the Federal Government should make concerted efforts to close the workforce gap, through coordination with States and units of local government, workforce development agencies, national and regional nonprofit intermediaries, labor organizations, and institutions of higher education and other educational institutions, including historically Black colleges and universities and Hispanic-serving institutions, to recruit, train, and retain the next generation of infrastructure workers in the United States, with a focus on-- (A) achieving gender, ethnic, racial, and ability diversity; and (B) recruiting and training individuals from communities with high unemployment rates, including African-American communities, Hispanic communities, Indian Tribes, the disabled community, and the LGBTQ community. SEC. 3. DEFINITIONS. In this Act: (1) Covered infrastructure program.--The term ``covered infrastructure program'' means any of the following: (A) Direct and guaranteed loans and grants under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). (B) Distance learning and telemedicine grants under section 2333 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-2). (C) Broadband loans and loan guarantees under title IV of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.). (D) The community connect grant program established under title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations, 2004 (Public Law 108-199; 118 Stat. 29). (E) Solid waste management grants under section 310B(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)). (F) A program or project carried out under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.). (G) Financial assistance for development, implementation, or modification of a State energy conservation plan under section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323). (H) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). (I) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12). (J) Grants for construction of health centers provided by the Secretary of Health and Human Services. (K) Grants for construction, renovation, or repair of non-Federal research facilities provided by the Director of the National Institutes of Health. (L) The public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135). (M) Assistance provided under the Public Housing Capital Fund established under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)). (N) The community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (O) The Indian housing block grant program under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (P) The rural water supply program under section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402). (Q) Financial assistance provided under the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.). (R) Assistance provided under title 23, United States Code. (S) Assistance provided under chapter 53 of title 49, United States Code. (T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers. (U) Assistance provided for a freight or passenger rail project under subtitle V of title 49, United States Code. (V) Assistance provided for an airport development project under chapter 471 of title 49, United States Code. (W) Assistance for an environmental cleanup project under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (X) Assistance provided under section 7007 and 7008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707, 7708). (Y) Mutual and self-help housing assistance provided under section 523 of the Housing Act of 1949 (42 U.S.C. 1490c). (Z) Site development loans provided under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d). (AA) Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 (42 U.S.C. 1490p-2). (BB) Assistance provided by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)). (CC) Grants awarded from the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569). (DD) Assistance provided under the Connect America Fund of the Federal Communications Commission under subpart D of part 54 of title 47, Code of Federal Regulations (or a successor regulation). (EE) The Connect Communities Program under section 144. (FF) Any similar program, as determined by the Director of the Office of Management and Budget, in consultation with the heads of the relevant Federal agencies. (2) Disabled individual.--The term ``disabled individual'' means an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). (3) Head of the relevant federal agency.--The term ``head of the relevant Federal agency'' means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program. (4) Local workforce development board.--The term ``local workforce development board'' has the meaning given the term ``local board'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (5) Registered apprenticeship program.--The term ``registered apprenticeship program'' has the meaning given the term in section 3131(e)(3)(B) of the Internal Revenue Code of 1986. (6) State workforce development board.--The term ``State workforce development board'' has the meaning given the term ``State board'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (7) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY COMMUNITY Subtitle A--Creating Local Jobs Across the Country SEC. 111. TARGETED HIRING REQUIREMENTS FOR CONSTRUCTION JOBS CREATED BY COVERED INFRASTRUCTURE PROGRAMS. (a) Definition of Local.-- (1) In general.--In this section, the term ``local'', with respect to hiring for a project, means hiring within the geographical boundaries of the area in which the project is located, as determined by the recipient of assistance under a covered infrastructure program, in coordination with the head of the relevant Federal agency, subject to the requirement that the geographical area shall-- (A) include high-poverty, high-unemployment zip codes; and (B) be the size of a county, multi-county, statewide, or multi-State region. (2) Savings provision.--Nothing in paragraph (1) prohibits interstate hiring. (b) Requirement.-- (1) In general.--Notwithstanding any other provision of law and to the maximum extent practicable, except to the extent that the head of the relevant Federal agency determines otherwise, in the case of any construction project carried out under a covered infrastructure program, the head of the relevant Federal agency shall ensure that, of the workers hired for the project (including workers hired for related maintenance, service, or operations activities for the project), the applicable percentage described in paragraph (2) are hired through local hiring, in partnership with a registered apprenticeship program, if applicable, or with a State workforce development board or local workforce development board, if applicable. (2) Applicable percentage.--The applicable percentage referred to in paragraph (1) is-- (A) for fiscal year 2022, 10 percent; (B) for fiscal year 2023, 20 percent; (C) for fiscal year 2024, 30 percent; (D) for fiscal year 2025, 40 percent; and (E) for fiscal year 2026 and each fiscal year thereafter, 50 percent. (c) Priority.--In carrying out subsection (b), the head of the relevant Federal agency shall ensure that the entity carrying out the project gives priority to-- (1) individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), including ex-offenders and disabled individuals; (2) veterans; and (3) individuals that represent populations that are traditionally underrepresented in the infrastructure workforce, such as women and racial and ethnic minorities. (d) Reports and Oversight.-- (1) In general.--Not less frequently than annually, the Secretary of Labor, in consultation with the heads of the relevant Federal agencies, shall-- (A) submit to Congress a report on the implementation of this section; and (B) make the report under subparagraph (A), including any related data, publicly available on the internet. (2) GAO review.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (A) carry out a review of the implementation of this section to determine compliance with this section; and (B) submit to Congress a report on the results of the review under subparagraph (A), including any suggestions or recommendations for legislative, regulatory, or other changes to improve the implementation of this section or compliance with this section. SEC. 112. COMPLIANCE WITH COURT ORDERS. Nothing in this subtitle limits the eligibility of an individual or entity to receive assistance made available under a covered infrastructure program if the individual or entity is prevented, in whole or in part, from complying with section 111(b) because a Federal court issues a final order in which the court finds that a requirement or the implementation of that section is unconstitutional. Subtitle B--Rebuilding Our Infrastructure With American Business SEC. 121. DEFINITIONS. In this subtitle: (1) Owned and controlled.--The term ``owned and controlled'', with respect to a business, means-- (A) ownership of at least 51 percent of the business, or in the case of any publicly owned business, ownership of at least 51 percent of the stock; and (B) control of the management and daily business operations of the business. (2) Small business concern.-- (A) In general.--The term ``small business concern'' means a small business concern (within the meaning of section 3(a) of the Small Business Act (15 U.S.C. 632(a))). (B) Exclusions.--The term ``small business concern'' does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the head of the relevant Federal agency for inflation. (3) Socially or economically disadvantaged individual.--The term ``socially or economically disadvantaged individual'' means any socially and economically disadvantaged individuals within the meaning of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act. SEC. 122. INCREASING MEANINGFUL SMALL BUSINESS PARTICIPATION. (a) In General.--Except to the extent that the head of the relevant Federal agency determines otherwise-- (1) not less than the percentage described in subsection (b) for the applicable fiscal year of the amounts made available for each covered infrastructure program shall be expended through small business concerns; and (2) not less than the percentage described in subsection (b) for the applicable fiscal year of the total number of projects that receive assistance under each covered infrastructure program shall be subcontracted through a small business concern. (b) Percentage Described.--The percentage referred to in each of paragraphs (1) and (2) of subsection (a) is-- (1) for fiscal year 2022, 6 percent; (2) for fiscal year 2023, 12 percent; (3) for fiscal year 2024, 19 percent; (4) for fiscal year 2025, 26 percent; and (5) for fiscal year 2026 and each fiscal year thereafter, 33 percent. (c) Report.--Not less frequently than once each fiscal year, the Administrator of the Small Business Administration, in consultation with the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (a). SEC. 123. REQUIRING MEANINGFUL PARTICIPATION FROM TARGETED BUSINESSES. (a) Purpose.--The purpose of this section is to ensure that businesses with fewer than 10 employees, which are Main Street businesses that anchor neighborhoods and help families build wealth, have opportunities to participate in projects carried out under covered infrastructure programs. (b) Requirement.--Except to the extent that the head of the relevant Federal agency determines otherwise, not less than the percentage described in subsection (c) for the applicable fiscal year of the amounts made available for a covered infrastructure program shall be expended through businesses with fewer than 10 employees. (c) Percentage Described.--The percentage referred to in subsection (b) is-- (1) for fiscal year 2022, 6 percent; (2) for fiscal year 2023, 12 percent; (3) for fiscal year 2024, 18 percent; (4) for fiscal year 2025, 24 percent; and (5) for fiscal year 2026 and each fiscal year thereafter, 30 percent. (d) Report.--Not less frequently than once each fiscal year, the Secretary of Commerce, in consultation with the Administrator of the Small Business Administration and the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (b). SEC. 124. COMPLIANCE WITH COURT ORDERS. Nothing in this subtitle limits the eligibility of an individual or entity to receive assistance made available under a covered infrastructure program if the individual or entity is prevented, in whole or in part, from complying with section 122(a) or 123(b), as applicable, because a Federal court issues a final order in which the court finds that a requirement or the implementation of section 122(a) or 123(b), as applicable, is unconstitutional. SEC. 125. EXPANSION OF SMALL BUSINESS ADMINISTRATION SURETY BOND PROGRAM. Section 411(a)(1)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)(A)) is amended by striking ``$6,500,000'' and inserting ``$10,000,000''. Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value Contracting Analysis SEC. 131. CREATING A BEST-VALUE ANALYSIS FOR FEDERAL EXPENDITURES ON INFRASTRUCTURE, USE OF U.S. EMPLOYMENT PLANS, AND PREFERENCES FOR REGISTERED APPRENTICESHIP PROGRAMS AND NEUTRALITY IN UNION ORGANIZING. (a) Definitions.--In this section: (1) Commitment to high-quality career and business opportunities.--The term ``commitment to high-quality career and business opportunities'' means participation in a registered apprenticeship program. (2) U.S. employment plan.--The term ``U.S. Employment Plan'' means a plan under which an entity receiving Federal assistance for a project under a covered infrastructure program shall-- (A) include in a request for proposal an encouragement for bidders to include, with respect to the project-- (i) high-quality wage, benefit, and training commitments by the bidder and the supply chain of the bidder for the project; and (ii) a commitment to recruit and hire individuals described in section 111(c) if the project results in the hiring of employees not currently or previously employed by the bidder and the supply chain of the bidder for the project; (B) give preference for the award of the contract to a bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A); and (C) ensure that each bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A) that is awarded a contract complies with those commitments. (b) Best-Value Framework.--To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged-- (1) to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other criteria prioritized in the bid, such as-- (A) equity; (B) environmental and climate justice; (C) impact on greenhouse gas emissions; (D) resilience; (E) the results of a 40-year life-cycle analysis; (F) safety; (G) commitment to creating or sustaining high- quality job opportunities affiliated with registered apprenticeship programs for disadvantaged or underrepresented individuals in infrastructure industries in the United States; and (H) access to jobs and essential services by all modes of travel for all users, including disabled individuals; (2) in evaluating bids, to give at least equal weight to the criteria described in paragraph (1) as to past performance; and (3) to ensure community engagement, transparency, and accountability in carrying out each stage of the project. (c) Preference for Registered Apprenticeship Programs.--To the maximum extent practicable, a recipient of assistance under a covered infrastructure program, with respect to the project for which the assistance is received, shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs. (d) Preference for Neutrality in Union Organizing.--Notwithstanding any other provision of law, the head of each relevant Federal agency, in consultation with the Secretary of Labor, shall give preference in providing assistance under a covered infrastructure program to an entity that commits to giving preference in awarding contracts and subcontracts for projects carried out with that assistance to bidders that have an explicit neutrality policy on any issue involving the organization of employees for purposes of collective bargaining. (e) Use of U.S. Employment Plan.--Notwithstanding any other provision of law, in carrying out a project under a covered infrastructure program, each entity that receives Federal assistance shall use a U.S. Employment Plan for each contract of $5,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate. (f) Report.--Not less frequently than once each fiscal year, the heads of the relevant Federal agencies shall jointly submit to Congress a report describing the implementation of this section. (g) Intent of Congress.-- (1) In general.--It is the intent of Congress-- (A) to encourage recipients of Federal assistance under covered infrastructure programs to use a best- value contracting framework described in subsection (b)(1) for the purchase of goods and services; (B) to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs and neutrality in union organizing as described in subsections (c) and (d) when evaluating bids for projects using that assistance; (C) to require that recipients of Federal assistance under covered infrastructure programs use the U.S. Employment Plan in carrying out the project for which the assistance was provided; and (D) that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption, favoritism, and unfair treatment by recipient agencies. (2) Inclusion.--A best-value contracting framework described in subsection (b)(1) is a framework that authorizes a recipient of Federal assistance under a covered infrastructure program, in awarding contracts, to evaluate a range of factors, including price, the quality of products, the quality of services, and commitments to the creation of good jobs for all people in the United States. Subtitle D--Improving Safety, Connectivity, and Access to Better Opportunities SEC. 141. ACCESSIBILITY DATA PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall carry out an accessibility data program (referred to in this section as the ``program''). (b) Purpose.--The purpose of the program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the program to improve the transportation planning of those eligible entities by-- (1) measuring the level of access by multiple transportation modes to important destinations, which may include-- (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable and accessible housing; (F) food sources; and (G) connections between modes, including connections to-- (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include-- (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; and (3) assessing the change in accessibility that would result from new transportation investments. (c) Eligible Entities.--An entity eligible to participate in the program is-- (1) a State (as defined in section 101(a) of title 23, United States Code); (2) a metropolitan planning organization; or (3) a rural planning organization. (d) Application.--To be eligible to participate in the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to-- (1) previous experience of the eligible entity measuring transportation access or other performance management experience; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; and (4) a general description of the methodology the eligible entity intends to apply. (e) Selection.--The Secretary shall seek to achieve diversity of participants in the program, including-- (1) by selecting a range of eligible entities that shall include not less than-- (A) 5 States; (B) 10 metropolitan planning organizations, of which-- (i) 5 shall each serve an area with a population of not more than 200,000 people; and (ii) 5 shall each serve an area with a population of 200,000 or more people; and (C) 5 rural planning organizations; and (2) among the eligible entities selected under paragraph (1)-- (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level access. (f) Duties.--For each eligible entity participating in the program, the Secretary shall-- (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology.--In calculating the measures for the data set under the program, the Secretary shall ensure that methodology is open source. (h) Availability.--The Secretary shall make an accessibility data set under the program available to-- (1) units of local government within the jurisdiction of the eligible entity participating in the program; and (2) researchers. (i) Report.--Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (j) Public Availability of Data.--The Secretary may make publicly available on the internet the data sets and the report under subsection (i). (k) Funding.--The Secretary shall carry out the program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. SEC. 142. ESTABLISHMENT OF PERFORMANCE MEASURES FOR TRANSPORTATION ACCESSIBILITY. (a) Connectivity and Accessibility Performance Measures.--Section 150 of title 23, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by inserting ``and in the case of paragraph (7), not later than 3 years after the date of enactment of the Build Local, Hire Local Act,'' after ``MAP-21,''; and (B) by adding at the end the following: ``(7) Multimodal transportation connectivity and accessibility.-- ``(A) Definition of disadvantaged population.--In this paragraph, the term `disadvantaged population' means a low-income population, a minority population, or people with disabilities, as determined by the Secretary. ``(B) Regulations.--The Secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for States, metropolitan planning organizations, and units of local government to improve the connectivity and accessibility of roadways, public transportation infrastructure, pedestrian and bikeway infrastructure, and other transportation infrastructure. ``(C) Inclusions.--The performance measures established pursuant to subparagraph (B) shall include measures to assess-- ``(i) with respect to the general population serviced by a transportation system-- ``(I) the change in cumulative access to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; ``(II) multimodal choice and enhanced interconnections among modes-- ``(aa) to offer variety of choice between and among modes; ``(bb) to provide accessible and reliable transportation for all users; and ``(cc) to encourage travel demand management among local and statewide employers; and ``(III) any other issues the Secretary determines to be appropriate; and ``(ii) with respect to disadvantaged populations serviced by a transportation system-- ``(I) transportation accessibility for disadvantaged populations; ``(II) change in cumulative accessibility for disadvantaged populations to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and ``(III) any other issues the Secretary determines to be appropriate.''; (2) in subsection (d)(1), by striking ``and (6)'' and inserting ``(6), and (7)''; and (3) by adding at the end the following: ``(f) Report on Multimodal Transportation Connectivity and Accessibility.--Not less frequently than annually-- ``(1) each State, metropolitan planning organization, and unit of local government shall submit to the Secretary the progress of that entity toward achieving the performance measures under subsection (c)(7); and ``(2) the Secretary shall-- ``(A) submit to Congress a report that includes the results of the reporting under paragraph (1); and ``(B) make publicly available on the internet the report under subparagraph (A) and any accompanying data.''. (b) Highway Metropolitan Planning Coordination.--Section 134(h)(2)(B) of title 23, United States Code, is amended by adding at the end the following: ``(iii) Multimodal transportation accessibility performance targets.--Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7).''. (c) Public Transportation Metropolitan Planning Coordination.-- Section 5303(h)(2)(B) of title 49, United States Code, is amended by adding at the end the following: ``(iii) Multimodal transportation accessibility performance targets.--Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7) of title 23.''. SEC. 143. TECHNICAL ASSISTANCE PROGRAM. (a) In General.--The Secretary of Transportation (referred to in this section as the ``Secretary''), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish a program (referred to in this section as the ``program'') to provide technical assistance to local communities adjacent to planned or existing transportation infrastructure projects to explore design and policy approaches to create connected, economically prosperous, and environmentally and physically healthy communities that-- (1) avoid displacement of the current population; and (2) maximize high-quality jobs in the United States that pay family-sustaining wages. (b) Purposes.--The purposes of the program are-- (1) to identify innovative solutions to infrastructure challenges, including reconnecting communities that-- (A) are bifurcated by infrastructure such as highways or viaducts; (B) lack safe, reliable, and affordable transportation choices; or (C) have been disconnected due to natural disasters, in particular, communities in areas that are being harmed the most by climate change; and (2) to inform the transportation planning and project life cycle by actively encouraging community input and feedback. (c) Application.--To be eligible to receive technical assistance under the program, a local community described in subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the ``community team'' that will participate in the program, which shall consist of-- (A) elected officials; (B) senior transportation professionals; (C) State workforce development boards or local workforce development boards; and (D) a cross-section of residents of the local community; (2) a description of a neighborhood infrastructure challenge, including all modes and users of transportation, in the local community that limits access to social or economic centers or other essential services; (3) an explanation of the goals the local community aims to achieve with assistance under the program; and (4) letters of support from the applicable State department of transportation and other entities, such as community groups, transit agencies, port authorities, metropolitan planning organizations, and political subdivisions of State and local governments. (d) Priority.--In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged. (e) Technical Assistance.--The Secretary shall provide to a local community that is selected to participate in the program-- (1) technical assistance to inform, prepare, and enable the local community to better engage in-- (A) Federal transportation planning; (B) programming and planning to improve resiliency and environmental sustainability and reduce greenhouse gas emissions; (C) the environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (D) life-cycle analysis of a prospective project; (E) Federal assistance programs; and (F) policies that maximize the creation of high- quality jobs in the United States; and (2) technical expertise through representatives from regional and national design, architecture, engineering, and planning firms and public, private, and nonprofit land use professionals. (f) Funding.--The Secretary shall use not less than 10 percent of the amounts made available to carry out section 144 for each fiscal year to carry out the program. SEC. 144. CONNECT COMMUNITIES PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of Transportation (referred to in this section as the ``Secretary''), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture shall carry out a competitive grant program to be known as the ``Connect Communities Program'' (referred to in this section as the ``program'') to provide grants for projects to create connected, economically prosperous, and environmentally and physically healthy communities in-- (A) areas that are economically disadvantaged, including areas that have experienced levels of poverty of 20 percent or more, high levels of outmigration, and high levels of deindustrialization; (B) areas that currently lack accessible and affordable transportation options in terms of-- (i) lack of access to jobs and services; and (ii) lack of physical accessibility; (C) neighborhoods bifurcated by large-scale infrastructure projects; or (D) areas that have been negatively impacted by climate change. (2) Goals.--The goals of the program are-- (A) to reduce the cost of construction, operations, and maintenance of arterial highways; (B) to demonstrate the social, economic, and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard; (C) to improve neighborhood connectivity, including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility; (D) to increase the total acreage of land within the project corridor returned to productive use, including commercial, residential, recreational, and habitat restoration uses; (E) to improve the resiliency and reduce the environmental impact of existing infrastructure assets; and (F) to increase the connectivity of disadvantaged communities to economic opportunity. (b) Eligibility.-- (1) Eligible entities.--An entity eligible to receive a grant under the program is-- (A) a State (as defined in section 101(a) of title 23, United States Code) or any other territory or possession of the United States; (B) an Indian Tribe; (C) a unit of local government; (D) a political subdivision of a State or local government; (E) a transit agency; (F) a metropolitan planning organization; (G) a nonprofit organization, including a community mission-based organization; (H) a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702)); (I) a special purpose district or public authority with a transportation function, including a port authority; (J) a Federal land management agency that applies jointly with a State or group of States; or (K) a multistate or multijurisdictional group of entities described in subparagraphs (A) through (J). (2) Eligible projects.--A project eligible to be carried out with funds from a grant provided under the program is-- (A) a project for community-based redevelopment, rehabilitation, or replacement of infrastructure, including-- (i) the removal of a limited access highway, a viaduct or overpass, an Interstate route, an interchange, a bridge, or any other principal arterial facility that has-- (I) historically had detrimental effects on minority and low-income communities; or (II) created barriers to community connectivity due to high speeds, grade separations or other design factors; and (ii) if necessary to achieve the purposes of the program, road realignment or new construction; (B) a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment, rehabilitation, or replacement of infrastructure; (C) a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes 1 or more of-- (i) transit-supportive, accessible, mixed- use development (including commercial development, affordable and accessible housing, and market-rate housing) that is within 2 miles of and accessible to 1 or more public transportation facilities that-- (I) achieve compliance with-- (aa) applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (bb) the most recent public rights-of-way accessibility guidelines developed by the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)); and (II) are connected with high frequency to job centers; (ii) the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and (iii) an increase in access to transit hubs for pedestrian and bicycle traffic; (D) a public transportation project eligible for assistance under chapter 53 of title 49, United States Code, that will achieve the purposes of the program, including-- (i) an investment in intermodal projects; and (ii) a new fixed guideway capital project or a small start project (as those terms are defined in section 5309(a) of title 49, United States Code), if a grant under the program will expedite the completion of the project and the entry into revenue service of the project; (E) a passenger rail transportation project that achieves the purpose of the program; (F) a project to improve the resiliency of infrastructure against natural disasters; (G) a project to reduce the environmental impact of existing infrastructure assets; (H) a project to bring a community into compliance with the performance measures established under section 150(c)(7) of title 23, United States Code; and (I) any other project that the Secretary determines would achieve the purpose of the program. (3) Eligible areas.--An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1). (c) Applications.-- (1) In general.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- (A) a project plan developed with assistance under section 143 or independently, as applicable; (B) a description of how the project meets the criteria described in subsection (d); (C) a certification that the eligible entity has solicited public comments on the project plan that includes-- (i) a certification that the eligible entity has held 2 or more public hearings, at least 1 of which was held outside of standard business hours in a location that was open and accessible to the community in which the proposed project is located; (ii) a description of the process for receiving public comments, including involvement of residents and stakeholders in the community in which the project will occur; (iii) a summary of the comments received; and (iv) such other information as the Secretary may require; (D) a description of how the grant would be used and the current status of project planning; (E) a description of how the project will address the purposes of the program, including plans to avoid displacement of current residents in the project area; (F) a description of how the eligible entity will prioritize the well-being and advancement of disadvantaged populations through the project and as an outcome of the project; (G) an assessment of-- (i) the accessibility of employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers, within the area to public transportation facilities and nearby affordable housing; and (ii) how the proposed project will relate to identified needs in those areas; (H) an assessment of transportation options in the area, including-- (i) public transportation options; (ii) options for people with low incomes, people living in high-poverty areas, elderly people, and people with disabilities; and (iii) any obstacles to providing access to locations that offer employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; (I) an assessment of methods for lowering the combined cost of housing and transportation for families in the region, particularly for families that utilize workforce housing and for low-, very low-, and extremely low-income families; (J) an assessment of how the project will revitalize existing communities, including-- (i) the approximate number of jobs the project will create; (ii) the services the project will deliver to workers and the community; and (iii) any antidisplacement efforts that will be included in the project; (K) a plan for evaluating progress in increasing opportunities for and improvements to the quality of life for disadvantaged populations and the broader community in which the project is completed; and (L) information about the status of applicable Federal environmental reviews and approvals for the project, including reviews and approvals under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Multiple projects.--An eligible entity may submit an application for multiple projects in 1 application. (3) Definition of workforce housing.--For the purpose of paragraph (1)(I), the term ``workforce housing'' means housing, the cost of which does not exceed 30 percent of-- (A) the amount equal to 120 percent of the median income in the area, as determined by the Secretary, with appropriate adjustments for the size of the family; or (B) if the Secretary determines that there are unusually high or low incomes in the area, another amount, as determined by the Secretary. (d) Selection.-- (1) In general.--The Secretary shall select projects to receive grants under the program based on-- (A) how the project will contribute to a state of good repair for infrastructure assets; (B) how the project would increase economic competitiveness, including the effects of revitalizing communities, neighborhoods, and commercial centers supported by existing infrastructure; (C) how the project will support environmental protection, including resiliency, by increasing demand for nonmotorized transportation and public transportation; (D) how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced; (E) the anticipated effects on quality of life for all residents in the project area; (F) whether the project uses innovative strategies, including innovative technologies, innovative project delivery, or innovative financing; (G) the extent to which the project-- (i) is supported by a broad range of stakeholders; (ii) demonstrates collaboration among neighboring and regional jurisdictions; and (iii) is coordinated with projects with similar objectives, such as projects for economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband, and land use plans and policies; (H) how the project will increase non-Federal revenue for transportation infrastructure investment; (I) demonstrated project readiness, including use of technical assistance under section 143; and (J) the costs and benefits of the project. (2) Priority.--The Secretary shall give priority to projects that have been developed under the technical assistance program under section 143. (e) Distribution of Grants.-- (1) In general.--In providing grants under the program, the Secretary shall ensure-- (A) an equitable geographic distribution of funds; and (B) an appropriate balance in addressing the needs of urban, suburban, rural, and Tribal communities. (2) Limitation.--For each fiscal year, the Secretary shall ensure that the total amount of funds provided through grants under the program for each State is not more than $150,000,000. (f) Amount of Grant.-- (1) In general.--Except as provided in paragraph (2) and subject to subsection (e)(2), a grant provided under the program shall be in an amount that is not less than $5,000,000. (2) Rural and tribal areas.--In the case of a project in a rural area (as defined in section 101(a) of title 23, United States Code), or in a Tribal area, a grant provided under the program shall be in an amount that is not less than $1,000,000. (g) Use of Funds.-- (1) In general.--Subject to paragraph (2), an eligible entity that receives a grant under the program may use the grant funds for-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, replacement, acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (2) Limitation.--Not more than 20 percent of the amount of the grant may be used for the activities described in paragraph (1)(A). (h) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent. (2) Hardship areas.--The Federal share of the cost of a project carried out with a grant under the program may be up to 100 percent if the Secretary identifies the area in which the project will be carried out as a hardship area, as determined by the Secretary. (i) TIFIA Program.--On the request of an eligible entity, the Secretary may use 5 percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide Federal credit assistance under chapter 6 of title 23, United States Code, for the project. (j) Standards.--Notwithstanding any other provision of law, a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section 109(b) of title 23, United States Code. (k) Performance Measures.-- (1) In general.--For each year until the project is completed, each eligible entity that receives a grant under the program shall agree to establish, in coordination with the Secretary, performance measures and reporting requirements in addition to measures and requirements under this section that shall be met at the end of each year in which the eligible entity receives funds under the grant program. (2) Violation of grant agreement.--If the Secretary determines that an eligible entity has not met the performance measures established under paragraph (1), is not making reasonable progress toward meeting those measures, or is otherwise in violation of the grant agreement, the Secretary may-- (A) withhold additional financial assistance until the performance measures are met; or (B) terminate the grant agreement. (l) Community Advisory Board.-- (1) In general.--For each project carried out with a grant under the program, the eligible entity shall form a community advisory board. (2) Composition.--A community advisory board shall be composed of representatives of-- (A) the relevant State and units of local government; (B) the relevant State workforce development board or local workforce development board; (C) relevant metropolitan planning organizations; (D) labor organizations; (E) residents or organizational representation of the area in which the project is occurring; and (F) any other relevant representatives important to the implementation of the project, such as a county board of developmental disabilities, as determined by the eligible entity, in coordination with the Secretary. (3) Duties.--A community advisory board shall, with respect to the applicable project-- (A) ensure community engagement, transparency, and accountability in carrying out each stage of the project; and (B) track, evaluate, and report progress on clear and meaningful indicators related to-- (i) targeted hiring commitments; (ii) quality wage, benefits, and training commitments; (iii) goals for participation by small businesses and businesses in accordance with section 123(b) in the project; (iv) progress made on the objectives of the program as described in subsection (a); and (v) any other relevant areas, as determined by the eligible entity, in coordination with the Secretary. (4) Stipend.--The eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives, on approval by the Secretary. (m) Reports.-- (1) In general.--Not less frequently than once each year, each eligible entity that receives a grant under the program, in coordination with the applicable community advisory board under subsection (l), shall submit to the Secretary periodic reports on the use of the grant funds. (2) Contents.--A periodic report under paragraph (1) shall include-- (A) the amount of Federal funds received, obligated, and expended by the eligible entity under the program; (B) the number of projects that have been put out to bid using the grant funds and the amount of Federal funds associated with each project; (C) the number of projects for which contracts have been awarded for the project carried out under the program and the amount of Federal funds associated with the contracts; (D) the number of projects for which work has begun under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts; (E) the number of projects for which work has been completed under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts; (F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the program and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including-- (i) the number of job-years created and the total increase in employment in the project area since the date of enactment of this Act; and (ii) information on local hiring, hiring of economically disadvantaged individuals, and hiring of individuals with a barrier to employment (including ex-offenders) and disabled individuals, with respect to the project; (G) an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses; (H) suggestions for improvements in transportation accessibility for disadvantaged populations, based on criteria developed by the Secretary; and (I) any other criteria the Secretary determines to be appropriate. (3) Report to congress.--Each fiscal year, the Secretary shall transmit to Congress the reports received by the Secretary under paragraph (1). (4) GAO report on infrastructure removals.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on infrastructure removal, including-- (A) an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program; (B) an evaluation of the effect of infrastructure removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) an analysis of the costs and benefits of removing underutilized infrastructure assets that are nearing the end of the useful life of the assets compared to replacing or reconstructing the assets; and (D) recommendations for integrating the findings and results under subparagraphs (A) through (C) into infrastructure planning and decisionmaking processes. (n) Funding.--There is authorized to be appropriated to carry out the program $5,000,000,000 for each of fiscal years 2022 through 2026. TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE SEC. 201. BUILDING AMERICAN INFRASTRUCTURE AND CAREERS PROGRAM. (a) Definitions.-- (1) WIOA definitions.--In this section-- (A) the terms ``career pathway'', ``community-based organization'', ``individual with a barrier to employment'', ``industry or sector partnership'', ``integrated education and training'', ``recognized postsecondary credential'', and ``workforce development system'' have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and (B) the term ``postsecondary educational institution'' has the meaning given the term in section 203 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3272). (2) Other definitions.--In this section: (A) Career and technical education.--The term ``career and technical education'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (B) Eligible entity.--The term ``eligible entity'' means-- (i) a local workforce development board; (ii) a State workforce development board; (iii) an industry or sector partnership, which may be led by any member of such partnership, including-- (I) a community-based organization; (II) a recognized State labor organization, central labor council, or another labor representative, as appropriate; or (III) an education or training provider; or (iv) any combination of entities described in any of clauses (i) through (iii). (C) Secretary.--The term ``Secretary'' means the Secretary of Labor. (D) Supportive services.--The term ``supportive services'' means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act or under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (E) Targeted infrastructure industry.--The term ``targeted infrastructure industry'' means an infrastructure industry, including transportation (including surface, transit, aviation, or railway transportation), construction, energy, water, information technology, or utilities industries, that the eligible entity identifies in accordance with subsection (c)(2)(A). (F) Work-based learning program.--The term ``work- based learning program'' means a program that provides workers with paid work experience and corresponding classroom instruction, delivered in an employment relationship that both the business and worker intend to be permanent. (b) Establishment of Building American Infrastructure and Careers Program.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall establish a program, to be known as the ``Building American Infrastructure and Careers Program'', to provide grants under paragraph (2) to eligible entities for the purposes of-- (A) promoting careers and quality employment practices in targeted infrastructure industries among individuals with a barrier to employment (including ex- offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industries; (B) leveraging the existing capacity of workforce development systems through demonstrated partnerships to strategically facilitate and align quality training, including industry or sector partnerships, registered apprenticeship programs, and pre-apprenticeship programs affiliated with registered apprenticeship programs, and hiring that create a pipeline of qualified workers; and (C) advancing efficiency and performance on projects in targeted infrastructure industries. (2) Grants.-- (A) In general.--The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall award grants on a competitive basis to eligible entities that submit an application meeting the requirements under subsection (c) for such eligible entities to, subject to subparagraph (E), carry out a job training program including the activities described in subsection (d) for assisting individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, in obtaining and maintaining employment in a targeted infrastructure industry. (B) Types of grants.--A grant awarded under this section may be in the form of-- (i) an implementation grant, for entities seeking an initial grant under this section, in order for such entity to establish and carry out a job training program described in subparagraph (A); or (ii) a renewal grant for entities that have already received an implementation grant under this section for such a job training program, in order for such entity to continue carrying out such job training program. (C) Duration.--Each grant awarded under this section shall be for a period not to exceed 3 years. (D) Amount.--The amount of a grant awarded under this section may not exceed-- (i) for an implementation grant, $2,500,000; and (ii) for a renewal grant, $1,500,000. (E) Construction industry.--Notwithstanding any other provision in this section, if the targeted infrastructure industry for a grant awarded under this section is the construction industry, the grant shall only be available for the establishment or operation of a pre-apprenticeship program affiliated with a registered apprenticeship program. (3) Award basis.-- (A) Geographic diversity.--The Secretary shall award grants under this section in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants, including a balance between rural and tribal areas and urban areas. (B) Priority for targeted hiring or u.s. employment plan projects.--In awarding grants under this section, the Secretary shall give priority to eligible entities that-- (i) ensure that not less than 50 percent of the workers hired to participate in the job training program are hired through local hiring in accordance with section 111, including by prioritizing individuals with a barrier to employment (including ex-offenders), disabled individuals, veterans, and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce; or (ii) ensure the commitments described in clauses (i) and (ii) of section 131(a)(2)(A) with respect to carrying out the job training program. (C) Priority for renewal grants.--In awarding renewal grants under this section, the Secretary shall give priority to eligible entities that demonstrate long-term sustainability of an industry or sector partnership. (c) Application Process.-- (1) In general.--An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including the contents described in paragraph (2). (2) Contents.--An application submitted under paragraph (1) shall contain, at a minimum-- (A) an identification of the targeted infrastructure industry to be served by the job training program supported by a grant under this section; (B) a description of the individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, that will be served by such program, including-- (i) an analysis of the labor market in the targeted infrastructure industry; (ii) a description of the barriers to employment that may affect such individuals; and (iii) a description of strategies that the program will employ to help such individuals overcome such barriers; (C) a description of the credentials that the program will assist such individuals in obtaining, which credentials-- (i) shall be nationally portable; (ii) shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; and (iii) shall be related to the targeted infrastructure industry; and (D) a description of the services described in subsection (d)(3) that the program will offer to such individuals. (d) Activities.-- (1) In general.--Each job training program supported under this section-- (A) shall include-- (i) activities designed to achieve the strategic objectives described in paragraph (2); and (ii) the services described in paragraph (3) for individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry; and (B) may include a partnership between the eligible entity and an employer to assist such employer in carrying out a work-based learning program, including a registered apprenticeship program or a pre- apprenticeship program affiliated with a registered apprenticeship program. (2) Strategic objectives.--The strategic objectives described in this paragraph are the following: (A)(i) Recruiting key stakeholders in the targeted infrastructure industry, which stakeholders may include employers, labor organizations, local workforce development boards, and education and training providers, including providers of career and technical education. (ii) Regularly convening such stakeholders in a collaborative manner that supports the sharing of information, ideas, and challenges, which are common to the targeted infrastructure industry. (B) Identifying the training needs of employers in the targeted infrastructure industry, including-- (i) needs for skills critical to competitiveness and innovation in such industry; (ii) needs of registered apprenticeship programs, pre-apprenticeship programs affiliated with registered apprenticeship programs, or other work-based learning programs that may be supported by a grant under this section; and (iii) needs for the alignment of a job training program supported under this section with career pathways. (C) Facilitating actions, through industry or sector partnerships, registered apprenticeship programs, or pre-apprenticeship programs affiliated with registered apprenticeship programs, that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry. (D) Assisting postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs that may be receiving assistance under this section, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (c)(2)(C), particularly for high-skill, high-priority occupations related to the targeted infrastructure industry. (E) Providing information on the activities carried out through the job training program supported under this section to the State agency carrying out the State program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through such job training program supported under this section. (F) Assisting employers in the targeted infrastructure industry to attract potential workers from a diverse jobseeker base, including individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, by identifying any such barriers, reasons for such underrepresentation, or related issues for veterans through analysis of the labor market in the targeted infrastructure industry and implementing strategies to help such individuals overcome such barriers, reduce such underrepresentation, and address such issues. (3) Services.-- (A) In general.--Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include-- (i) pre-employment services as described in subparagraph (B); and (ii) employment services as described in subparagraph (C). (B) Pre-employment services.--The pre-employment services described in this subparagraph may include-- (i) skills training, including career and technical education, and integrated education and training, with respect to the targeted infrastructure industry; (ii) initial assessments of such individuals; (iii) services to provide work attire and necessary tools for a work site in the targeted infrastructure industry; (iv) supportive services, such as child care and transportation; (v) mentoring services; and (vi) job placement assistance. (C) Employment services.--The employment services described in this subparagraph are services provided to individuals with a barrier to employment (including ex- offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, and that are employed in a work-based learning program in the targeted infrastructure industry. A job training program supported by a grant under this section shall provide such services to such individuals during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include-- (i) ongoing case management and services, including the services described in subparagraph (B); (ii) continued skills training, including career and technical education, integrated education and training, and soft-skills training such as problem solving and leadership training, conducted in collaboration with the employers of such individuals; (iii) additional mentorship and retention supports for such individuals; and (iv) targeted training for the employer participating in the work-based learning program, including for frontline managers, journey level workers (such as mentors) working with individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, and human resource representatives of the employer. (e) Evaluations.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall prepare and submit a report to Congress that evaluates the effectiveness of the grants awarded under this section in advancing the strategic objectives described in subsection (d)(2), and the purposes described in subsection (b)(1). (2) Data.--The report required under paragraph (1) shall provide and analyze each of the following: (A) The number of participants in job training programs supported under this section, disaggregated by age, race or ethnicity, gender, status as an individual with a barrier to employment, and income. (B) The percentage of such participants who were in unsubsidized employment prior to enrolling in such program. (C) The median earnings of such participants prior to enrolling in such program. (D) The percentage of such participants who are in unsubsidized employment during the second quarter after exit from such program and salary statistics of such participants, including mean and median earnings. (E) The percentage of such participants who are in unsubsidized employment during the fourth quarter after exit from such program and the salary statistics of such participants, including mean and median earnings. (F) The percentage of such participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from such program. (G) The percentage of such participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment. SEC. 202. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity that-- (A) has an affiliate network in not less than 3 communities and across not less than 2 States; (B) has the programmatic capability to serve individuals with a barrier to employment or individuals who are traditionally underrepresented in infrastructure industries; (C) has clearly and convincingly demonstrated that it has the capacity to provide technical assistance to entities carrying out job training programs under section 201; and (D) submits an application in accordance with subsection (c). (2) Individual with a barrier to employment.--The term ``individual with a barrier to employment'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (b) Capacity Building Program.--The Secretary shall reserve 10 percent of the amounts appropriated under section 203 to award grants, contracts, or other agreements or arrangements as the Secretary determines appropriate, to eligible entities for the purpose of building the capacity of entities receiving a grant under section 201 to implement the activities described in subsection (d) of such section to more effectively serve individuals with a barrier to employment, including ex-offenders, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry served through the job training program supported under such section 201. (c) Application.--An entity seeking an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Use of Funds.--An award made under this section may be used to provide technical assistance to entities receiving a grant under section 201 in order for such entities to carry out the activities described in subsection (d) of that section. Such technical assistance may include assistance with-- (1) the development and training of staff; (2) the provision of outreach, intake, assessments, and service delivery; (3) the coordination of services across providers and programs; and (4) the development of performance accountability measures. (e) Amount.--The amount of a grant awarded under this section may not exceed $5,000,000. (f) Report.--An eligible entity receiving a grant under this section shall, not later than 6 months after the grant is awarded, submit to the Secretary a report that includes-- (1) a description of the impact of the technical assistance provided under this section on the outcomes of grants under section 201; and (2) such other criteria as determined by the Secretary. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $1,000,000,000 for each of fiscal years 2022 through 2026. TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS SEC. 301. WAGE RATE. (a) Davis-Bacon Act.-- (1) In general.--Notwithstanding any other provision of law, for fiscal year 2022 and each fiscal year thereafter, all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program, including projects described in paragraph (3) assisted in whole or in part under such programs, without regard to the form or type of Federal assistance provided under such program, 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. (3) Revolving loan funds.--A project described in this paragraph is a project, in the case of a covered infrastructure program that capitalizes revolving loan funds, that is assisted in whole or in part with amounts deposited in the revolving loan fund, including loan repayments and interest earned. (b) Service Employees.-- (1) In general.--Notwithstanding any other provision of law, for fiscal year 2022 and each fiscal year thereafter, all service employees who are not covered under subsection (a) shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits determined in accordance with paragraphs (1) and (2), respectively, of section 6703 of title 41, United States Code. (2) Definition of service employee.--In this subsection, the term ``service employee''-- (A) means an individual employed by a contractor or subcontractor in the performance of a project that is assisted in whole or in part under a covered infrastructure program, without regard to the form or type of Federal assistance provided under such program, and that the principal purpose of which is to furnish services in the United States; (B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but (C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations. (3) Authority.--With respect to paragraphs (1) and (2), the Secretary of Labor shall have the authority and functions set forth in chapter 67 of title 41, United States Code. SEC. 302. RAISE LABOR STANDARDS, IMPROVE WORKING CONDITIONS, AND STRENGTHEN WORKERS' BARGAINING POWER. (a) Definitions.--In this section-- (1) the term ``covered award'' means an award of not less than $500,000 made to an entity under a covered infrastructure program by the head of the relevant Federal agency; and (2) the term ``covered subaward'' means a subaward of not less than $500,000 made to an entity under a covered infrastructure program by another entity receiving a covered award. (b) Required Pre-Grant, Loan, or Contract Award Actions.-- (1) Disclosures.--The head of a relevant Federal agency shall require an entity applying for a covered award-- (A) to represent, to the best of the entity's knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the entity in the preceding 3 years for violations of-- (i) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (ii) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); (iii) the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.); (iv) the National Labor Relations Act (29 U.S.C. 151 et seq.); (v) subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''); (vi) chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''); (vii) Executive Order 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity), including any amendment to such Executive order; (viii) section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793); (ix) section 4212 of title 38, United States Code; (x) the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.); (xi) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (xii) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (xiii) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); (xiv) Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors); (xv) subsection (h) of this section; or (xvi) equivalent State laws, as defined in guidance issued by the Secretary of Labor; and (2) to require any applicant for a covered subaward from the entity-- (A) to represent to the best of the applicant's knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of any of the labor laws listed in paragraph (1); and (B) to update such information not less than every 6 months for the duration of the covered subaward. (c) Pre-Award Corrective Measures.--The head of a relevant Federal agency shall, prior to awarding a covered award, provide an entity that makes a disclosure under subsection (b)(1) an opportunity to report any steps taken to correct a violation of or improve compliance with the labor laws listed in subsection (b)(1), including any agreements entered into by the entity with an enforcement agency. (d) Disclosure of Violations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a website that-- (A) is available to the public at no cost; (B) indicates each violation disclosed under subsection (b) or (e)(1) with respect to an entity applying for, or receiving, a covered award or covered subaward until such violation is corrected and the entity is in compliance with all labor laws listed in subsection (b)(1); and (C) is designed to enable interested parties to easily identify entities applying for, or receiving, covered awards or covered subawards that are in violation of any labor laws listed in subsection (b)(1) and steps taken by such entities to correct the violations or improve compliance with such laws. (2) Fulfilling reporting requirements.--The Secretary of Labor, in consultation with the Director of the Office of Management and Budget and the heads of the relevant Federal agencies, shall include on the website established under paragraph (1) the ability for all entities that apply for or receive covered awards or covered subawards to fulfill reporting requirements under this section. (3) Agency cooperation.--The heads of the relevant Federal agencies shall provide the Secretary of Labor with the data necessary to maintain the website established under paragraph (1). (e) Post-Award Grant, Loan, or Contract Actions.-- (1) Information updates.--The head of a relevant Federal agency shall require each entity receiving a covered award or covered subaward to, not later than once every 6 months, update the information provided under paragraph (1) or (2), as applicable, of subsection (b). (2) Corrective actions.-- (A) Entity awarded assistance.--The head of a relevant Federal agency, in consultation with the Labor Compliance Advisor designated by such head under subsection (f) and in coordination with the heads of the other relevant Federal agencies as applicable, shall determine whether any information provided under paragraph (1) by an entity receiving a covered award warrants corrective action. Such action-- (i) may include-- (I) an agreement requiring appropriate remedial measures; (II) compliance assistance; (III) resolving issues to avoid further violations; (IV) the decision not to exercise an option on assistance awarded or to terminate the assistance awarded; or (V) in coordination with the heads of the other relevant Federal agencies, the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs; and (ii) shall include disclosure on the website established under subsection (d). (B) Subawards.--An entity that receives a covered award, in consultation with head of the relevant Federal agency and the Labor Compliance Advisor designated by such head under subsection (f), shall determine whether any information provided under subsection (b)(2) by a recipient of a covered subaward warrants corrective action, including remedial measures, compliance assistance, and resolving issues to avoid further violations. (3) Department of labor investigations.--The Secretary of Labor shall, as appropriate, inform the heads of the relevant Federal agencies of investigations by the Secretary of entities receiving covered awards or covered subawards for purposes of determining the appropriateness of actions described in subparagraphs (A) and (B) of paragraph (2). (f) Labor Compliance Advisors.-- (1) In general.--Each head of a relevant Federal agency shall designate a senior official to serve as the Labor Compliance Advisor for the agency. (2) Duties.--The Labor Compliance Advisor shall-- (A) meet quarterly with the Deputy Secretary, Deputy Administrator, or equivalent official of the agency with regard to matters covered under this section; (B) work with officials of the agency to promote greater awareness and understanding of-- (i) the labor laws listed in subsection (b)(1), including recordkeeping, reporting, and notice requirements under such laws; and (ii) best practices for compliance with such laws; (C) advise the head of the relevant Federal agency whether agreements are in place or are otherwise needed to address appropriate remedial measures, compliance assistance, steps to resolve issues to avoid violations of the labor laws listed in subsection (b)(1), or other related matters concerning entities applying for or receiving covered awards or covered subawards; (D) coordinate assistance for entities that apply for or receive covered awards or covered subawards that are seeking help in addressing and preventing violations of such labor laws; (E) in consultation with the Secretary of Labor or other relevant enforcement agencies, provide assistance to the head of the relevant Federal agency regarding appropriate actions to be taken in response to violations, by entities applying for or receiving covered awards or covered subawards, of the labor laws listed in subsection (b)(1) identified prior to or after receipt of such awards, and to address complaints in a timely manner, by-- (i) providing assistance to officials of the agency in reviewing the information provided under subsections (b) and (e)(1), or other information indicating a violation of such a labor law, in order to assess the serious, repeated, willful, or pervasive nature of such violation and evaluate steps entities applying for or receiving covered awards or covered subawards have taken to correct violations of or improve compliance with such laws; (ii) helping officials of the agency determine the appropriate response to address violations of the labor laws listed in subsection (b)(1), or other information indicating such violations, particularly serious, repeated, willful, or pervasive violations, including agreements requiring appropriate remedial measures, decisions not to award assistance or exercise an option on an award of assistance, termination of an award of assistance, or referral of details to be posted on the website established under subsection (d); (iii) providing assistance to officials of the agency in receiving and responding to, or making referrals of, complaints alleging violations of the labor laws listed in subsection (b)(1) by entities applying for or receiving covered awards or covered subawards; (iv) supporting officials of the agency in the coordination of actions taken pursuant to this section to ensure agency-wide consistency, to the extent practicable; and (v) as appropriate, sending information to agency suspension and debarment officials in accordance with agency procedures; (F) consult with the head of the relevant Federal agency, and the Secretary of Labor as necessary, in the development of regulations, policies, and guidance addressing compliance with the labor laws listed in subsection (b)(1) by entities applying for or receiving covered awards or covered subawards; (G) make recommendations to the head of the relevant Federal agency to strengthen agency management of compliance with such labor laws by entities applying for or receiving covered awards or covered subawards; (H) publicly report, on an annual basis, a summary of actions taken by the head of the relevant Federal agency to promote greater compliance with the labor laws listed in subsection (b)(1), including the head's response to serious, repeated, willful, or pervasive violations of such labor laws; and (I) participate in the interagency meetings regularly convened by the Secretary of Labor under subsection (g)(2). (g) Measures To Ensure Government-Wide Consistency.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall-- (1) develop a process-- (A) for the Labor Compliance Advisors designated under subsection (f) to consult with the Secretary of Labor in carrying out the responsibilities of such Advisors under subsection (f)(2)(E); and (B) by which the head of the relevant Federal agencies and Labor Compliance Advisors may give appropriate consideration to determinations and agreements made by the Secretary of Labor and such heads; (2) regularly convene interagency meetings of Labor Compliance Advisors to share and promote best practices for improving compliance with the labor laws listed in subsection (b)(1); and (3) designate an appropriate contact within the Department of Labor with whom the heads of the relevant Federal agencies may consult with respect to requirements and activities under this section. (h) Workforce Diversity Programs.-- (1) In general.--The head of a relevant Federal agency, in coordination with the Secretary of Labor, shall require each entity that has not less than 50 employees and receives a covered award or covered subaward to develop and maintain a workforce diversity program in accordance with this subsection to ensure equal employment opportunity through the recruitment, selection, and advancement of individuals who are qualified for the applicable position and who are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans. (2) Structure of workforce diversity programs.--A workforce diversity program required under paragraph (1) of an entity described in such paragraph shall include programs, policies, practices, and procedures that fulfill the purposes of this subsection. Such programs, policies, practices, and procedures shall-- (A) contain a diagnostic component that includes more than 1 quantitative analysis designed to evaluate the composition of the workforce of the entity and compare such composition to the composition of other relevant workforces; (B) include action-oriented programs, such as programs for training and outreach; (C) include internal auditing and reporting systems as a means of-- (i) measuring the entity's progress toward achieving a diverse workforce; and (ii) monitoring and examining employment decisions and compensation systems to evaluate the impact of those systems on diverse applicants and employees; (D) be incorporated into the entity's personnel policies, practices, and procedures; (E) be updated annually for the duration of the project assisted by the covered award or covered subaward; and (F) be readily available for reporting to the Secretary for the purposes of compliance review. (3) Designation of responsibility.--An entity described in paragraph (1) shall provide for the implementation of the workforce diversity program required under such paragraph by-- (A) assigning responsibility and accountability to an official of the entity; and (B) providing the assigned official with the authority, resources, and support of and access to top management of the entity to ensure the effective implementation of such program. (4) Identification of problem areas.-- (A) In general.--An entity described in paragraph (1) shall perform an in-depth analysis of the employment process of the entity to determine-- (i) whether impediments to equal employment opportunity exist in such process; and (ii) if such impediments exist, the aspects of such process in which such impediments exist. (B) Evaluations.--An analysis under subparagraph (A) shall include an analysis of-- (i) whether, across different positions of the entity, there are problems of utilization or distribution of individuals who are qualified for such positions and are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans; (ii) personnel activity to determine whether there are selection disparities, which such analysis may include an analysis of the number of applications and interviews, hires, terminations, promotions, and other personnel actions of the entity; (iii) compensation systems to determine whether there are disparities in compensation; (iv) selection, recruitment, referral, and other personnel procedures to determine whether such procedures result in disparities in the employment or advancement of individuals who are qualified for the applicable position and are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans; and (v) any other issue that may impact the success of the workforce diversity program required of the entity under paragraph (1). (5) Action-oriented programs.--An entity described in paragraph (1) shall develop and execute action-oriented programs designed to-- (A) correct any problem areas identified under this subsection; and (B) attain established goals and objectives that-- (i) require the entity to follow different procedures than those procedures that may have previously produced inadequate results; and (ii) demonstrate the entity has made good faith efforts to remove identified barriers to workforce diversity, expand employment opportunities, and produce measurable results to achieve improved workforce diversity. (6) Internal audit and reporting system.--An entity described in paragraph (1) shall develop and implement an auditing system that periodically measures the effectiveness of the workforce diversity program developed and maintained by the entity under such paragraph. Such system shall include requirements for the entity to-- (A) monitor records of all personnel activity, including referrals, placements, transfers, promotions, terminations, and compensation, at all levels of employment with the entity to ensure the workforce diversity program is carried out in accordance with the purposes of this subsection; (B) require internal reporting on a scheduled basis as to the degree to which equal employment opportunity and organizational objectives are attained; (C) review the results of reports required under this subsection with all levels of management of the entity; and (D) advise top management of the entity of the effectiveness of the program and submit recommendations to improve unsatisfactory performance with respect to the program. (7) Compliance status.-- (A) In general.--In determining whether an entity described in paragraph (1) has complied with the requirements for the workforce diversity program under this subsection, the head of the relevant Federal agency, in coordination with the Secretary of Labor, shall-- (i) review the nature and extent of the entity's good faith in carrying out activities under paragraphs (4), (5), and (6), and the appropriateness of those activities to identify equal employment opportunity problems; and (ii) analyze statistical data and other non-statistical information to indicate whether employees and applicants of the entity are being treated without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, or disability status. (B) Technical assistance.--The head of the relevant Federal agency, in coordination with the Secretary of Labor, may provide technical assistance to an entity described in paragraph (1) to assist such entity in achieving compliance with the requirements under this subsection, which may include an agreement between the head of the relevant Federal agency and the entity requiring appropriate remedial measures. (C) Corrective action.--If an entity described in paragraph (1) remains in noncompliance with the requirements under this subsection following technical assistance under subparagraph (B), the head of the relevant Federal agency, in coordination with the Secretary of Labor and the heads of the other relevant Federal agencies as applicable, may take corrective action against the entity. Such action may include-- (i) the decision not to exercise an option on assistance awarded or to terminate the assistance awarded; or (ii) in coordination with the heads of the other relevant Federal agencies, the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs. (i) Paycheck Transparency.-- (1) In general.--Except as provided in paragraph (3), each head of a relevant Federal agency shall require entities receiving a covered award or a covered subaward to provide each individual described in paragraph (2) with a document for each pay period containing information concerning, with respect to such individual for such pay period-- (A) hours worked, including overtime hours worked; (B) pay, including any additions made to or deductions made from pay; and (C) job classification. (2) Individuals described.--An individual described in this paragraph is any individual performing work on a project for an entity, receiving a covered award or covered subaward, that is required to maintain wage records with respect to such individual under-- (A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (B) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''); or (D) any applicable State law. (3) Exceptions.-- (A) Employees exempt from overtime requirements.--A document provided under paragraph (1) to an individual who is exempt under section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) from the overtime compensation requirements under section 7 of such Act (29 U.S.C. 207) shall not be required to include a record of the hours worked by the individual if the entity receiving the covered award or covered subaward informs the individual of the status of such individual as exempt from such overtime compensation requirements. (B) Substantially similar state laws.--The requirements under this subsection shall be deemed to be satisfied if the entity receiving the covered award or covered subaward complies with State or local requirements that the Secretary of Labor has determined are substantially similar to the requirements under this subsection. (4) Independent contractors.--If an entity receiving a covered award or covered subaward treats an individual performing work on a project assisted by such award or subaward as an independent contractor, and not as an employee, of the entity, the entity shall provide the individual a document informing the individual of the status of the individual as an independent contractor. (j) Notice of Hire.-- (1) In general.--Each head of a relevant Federal agency shall require entities receiving a covered award or a covered subaward to provide each individual described in subsection (i)(2), at the time of hiring, a written notice containing each of the following: (A) The name of the entity, including any name used by the entity in conducting business. (B) The physical address of the entity's main office or principal place of business, and a mailing address, if different from such physical address. (C) The telephone number of the entity. (D) The date on which the individual will regularly receive a paycheck from the entity. (E) The individual's rate of pay, and the basis of that rate, including (as applicable)-- (i) by the hour, shift, day, week, salary, piece, or commission; (ii) any allowances claimed as part of the minimum wage, including tips and meal or lodging allowances; and (iii) overtime rate of pay, including any exemptions from overtime pay. (F) The individual's job classification, and the prevailing wage for the corresponding class of laborers and mechanics employed on projects of a similar character in the locality in which the work is to be performed. (2) Enforcement.-- (A) Fine.-- (i) In general.--The head of a relevant Federal agency may assess a civil fine, subject to clause (ii), of $500 against an entity that knowingly violates paragraph (1) for each individual to whom the entity failed to notify in violation of such paragraph. (ii) Inflation.--The head of a relevant Federal agency shall, for each year beginning 1 year after the date of enactment of this Act, adjust the amount under clause (i) for inflation. (B) Rebuttable presumption.--The failure to provide a notice in compliance with paragraph (1) shall be a rebuttable presumption that an entity required to provide such notice knowingly violated such paragraph. (k) Neutrality.-- (1) Allowable costs.--Except as provided in paragraph (2), an entity receiving a covered award or covered subaward may use the assistance of such award or subaward for costs incurred in maintaining satisfactory relations between the entity and employees of the entity on a project assisted by the award or subaward, including costs of shop stewards, labor management committees, employee publications, and other related activities. (2) Limitation on federal assistance.-- (A) In general.--No Federal assistance made available under a covered award or covered subaward may be used for costs incurred in-- (i) activities undertaken to persuade employees of any entity to exercise or not to exercise, or concerning the manner of such employees in exercising or not exercising, the right to organize and bargain collectively through representatives of the employees' own choosing; or (ii) any other activities that are subject to the requirements under section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)). (B) Examples.--Examples of costs prohibited under subparagraph (A) include the costs of-- (i) preparing and distributing materials for a purpose described in subparagraph (A); (ii) hiring or consulting legal counsel or consultants for such purpose; (iii) meetings held for such purpose (including paying the salaries of the attendees at such meetings); and (iv) planning or conducting activities for such purpose during work hours by managers, supervisors, or labor organization representatives. (l) Complaint and Dispute Transparency.-- (1) In general.-- (A) Awards.--Each head of a relevant Federal agency shall require entities receiving a covered award to agree that any decision to arbitrate the claim of an employee or independent contractor performing work for a project assisted by the award that arises under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or that involves any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises. (B) Subawards.--Each head of a relevant Federal agency shall require that an entity covered under subparagraph (A) incorporate the requirement under such subparagraph into each subaward made for a project assisted by the award. (2) Exception for employees and independents contractors.-- (A) In general.--The requirements under paragraph (1) shall not apply with respect to an employee or independent contractor who-- (i) is covered by a collective bargaining agreement negotiated between the entity receiving an award or subaward and a labor organization representing the employee or independent contractor; or (ii) except as provided in subparagraph (B), entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph. (B) Applicability.--The requirements under paragraph (1) shall apply with respect to an employee or independent contractor of an entity receiving a covered award or covered subaward-- (i) if the entity receiving the award or subaward is permitted to change the terms of the agreement described in subparagraph (A)(ii) with the employee or independent contractor; or (ii) in the event such agreement is renegotiated or replaced after the entity receives the award or subaward. (m) Definition of Individual With a Barrier to Employment.--In this section, the term ``individual with a barrier to employment'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). SEC. 303. BUY AMERICA BUREAU. (a) Definitions.--In this section: (1) Buy america law.--The term ``Buy America law'' means-- (A) section 313 of title 23, United States Code; (B) section 5323(j) of title 49, United States Code; (C) section 22905(a) of title 49, United States Code; (D) section 50101(a) of title 49, United States Code; (E) section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388); and (F) section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)). (2) Director.--The term ``Director'' means the Director of the Buy America Bureau established by subsection (b). (b) Establishment.--There is established in the Department of Commerce an office, to be known as the ``Buy America Bureau''. (c) Leadership.--The Buy America Bureau shall be headed by a Director, who shall-- (1) be appointed by the Secretary of Commerce; and (2) report to the Secretary of Commerce. (d) Duties.--The Director shall-- (1) establish a program to certify and conduct oversight of third-party auditors that work with entities that receive assistance under a covered infrastructure program to ensure compliance with Buy America laws; (2) establish guidelines for ensuring transparency in the Buy America auditing process under paragraph (1), including-- (A) the use of and fulfillment of requests pursuant to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''); and (B) the disclosure of information relating to a Buy America audit by third-party auditors under paragraph (1); (3) establish guidelines to support the establishment, strengthening, and oversight of compliance with Buy America laws, taking into consideration and seeking to maximize the direct and indirect domestic jobs benefitted or created; (4) establish a clearinghouse website to make publicly available information on-- (A) Buy America audits conducted by third-party auditors under paragraph (1); (B) third-party auditors that have received a certification from the Director under paragraph (1); and (C) requested waivers of Buy America laws under covered infrastructure programs; and (5) submit to Congress an annual report on-- (A) waivers from a Buy America law that have been requested; (B) waivers from a Buy America law that have been granted; and (C) any supply chain gaps in the United States that may need to be addressed to improve compliance with Buy America laws without a waiver. <all>

Build Local, Hire Local Act

To establish an expansive infrastructure program to create local jobs and raise the quality of life in every community, to launch middle class career pathways in infrastructure, and to invest in high-quality American jobs, and for other purposes.

Build Local, Hire Local Act

Rep. Bass, Karen

D

CA

This bill imposes various requirements on certain federally assisted infrastructure projects. The bill also creates infrastructure-related grant programs and establishes the Buy America Bureau. Such federally assisted infrastructure projects must (1) employ a certain percentage of local workers to the maximum extent practicable; and (2) prioritize hiring certain individuals, such as veterans and those facing barriers to employment. A certain percentage of funds for these projects must be used for contracts with small businesses that have fewer than 10 employees. When applying for a contract, grant, or loan related to a project, the applying entity must disclose whether there are any rulings, such as a civil judgment, finding that the entity has violated certain federal labor and occupational safety laws in the last three years. In addition, the Department of Transportation must award grants to entities in disadvantaged and underserved communities for infrastructure projects that create connected, economically prosperous, and environmentally healthy communities. Further, the Department of Labor must provide grants to workforce development boards and industry partnerships for job training programs to train certain groups, such as individuals with barriers to employment, for jobs in targeted infrastructure industries. The bill also establishes the Buy America Bureau within the Department of Commerce to oversee project compliance with existing laws that require the use of U.S.-made materials in certain federally funded projects.

1. Targeted hiring requirements for construction jobs created by covered infrastructure programs. Definitions. Increasing meaningful small business participation. Compliance with court orders. Subtitle D--Improving Safety, Connectivity, and Access to Better Opportunities Sec. Establishment of performance measures for transportation accessibility. Technical assistance program. Connect Communities Program. TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS Sec. Wage rate. Sec. Buy America Bureau. 2. 1932(b)). (R) Assistance provided under title 23, United States Code. (T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers. (AA) Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 (42 U.S.C. (3) Head of the relevant federal agency.--The term ``head of the relevant Federal agency'' means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program. (6) State workforce development board.--The term ``State workforce development board'' has the meaning given the term ``State board'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. (2) Applicable percentage.--The applicable percentage referred to in paragraph (1) is-- (A) for fiscal year 2022, 10 percent; (B) for fiscal year 2023, 20 percent; (C) for fiscal year 2024, 30 percent; (D) for fiscal year 2025, 40 percent; and (E) for fiscal year 2026 and each fiscal year thereafter, 50 percent. (j) Public Availability of Data.--The Secretary may make publicly available on the internet the data sets and the report under subsection (i). (d) Priority.--In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged. (3) Eligible areas.--An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1). (C) Secretary.--The term ``Secretary'' means the Secretary of Labor. (C) Facilitating actions, through industry or sector partnerships, registered apprenticeship programs, or pre-apprenticeship programs affiliated with registered apprenticeship programs, that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry. 49 et seq. (3) Services.-- (A) In general.--Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include-- (i) pre-employment services as described in subparagraph (B); and (ii) employment services as described in subparagraph (C). (d) Use of Funds.--An award made under this section may be used to provide technical assistance to entities receiving a grant under section 201 in order for such entities to carry out the activities described in subsection (d) of that section. (e) Amount.--The amount of a grant awarded under this section may not exceed $5,000,000. 300j-12(a)(4)).

1. Definitions. Increasing meaningful small business participation. Compliance with court orders. Establishment of performance measures for transportation accessibility. Technical assistance program. Connect Communities Program. TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS Sec. Sec. Buy America Bureau. 2. 1932(b)). (R) Assistance provided under title 23, United States Code. (T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers. (3) Head of the relevant federal agency.--The term ``head of the relevant Federal agency'' means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program. (6) State workforce development board.--The term ``State workforce development board'' has the meaning given the term ``State board'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. (2) Applicable percentage.--The applicable percentage referred to in paragraph (1) is-- (A) for fiscal year 2022, 10 percent; (B) for fiscal year 2023, 20 percent; (C) for fiscal year 2024, 30 percent; (D) for fiscal year 2025, 40 percent; and (E) for fiscal year 2026 and each fiscal year thereafter, 50 percent. (d) Priority.--In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged. (3) Eligible areas.--An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1). (C) Secretary.--The term ``Secretary'' means the Secretary of Labor. 49 et seq. (3) Services.-- (A) In general.--Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include-- (i) pre-employment services as described in subparagraph (B); and (ii) employment services as described in subparagraph (C). (d) Use of Funds.--An award made under this section may be used to provide technical assistance to entities receiving a grant under section 201 in order for such entities to carry out the activities described in subsection (d) of that section. (e) Amount.--The amount of a grant awarded under this section may not exceed $5,000,000.

1. Targeted hiring requirements for construction jobs created by covered infrastructure programs. Definitions. Increasing meaningful small business participation. Compliance with court orders. Subtitle D--Improving Safety, Connectivity, and Access to Better Opportunities Sec. Establishment of performance measures for transportation accessibility. Technical assistance program. Connect Communities Program. TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS Sec. Wage rate. Sec. Buy America Bureau. 2. 1932(b)). (R) Assistance provided under title 23, United States Code. (T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers. (AA) Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 (42 U.S.C. (3) Head of the relevant federal agency.--The term ``head of the relevant Federal agency'' means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program. (6) State workforce development board.--The term ``State workforce development board'' has the meaning given the term ``State board'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. (2) Applicable percentage.--The applicable percentage referred to in paragraph (1) is-- (A) for fiscal year 2022, 10 percent; (B) for fiscal year 2023, 20 percent; (C) for fiscal year 2024, 30 percent; (D) for fiscal year 2025, 40 percent; and (E) for fiscal year 2026 and each fiscal year thereafter, 50 percent. ); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include-- (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; and (3) assessing the change in accessibility that would result from new transportation investments. (j) Public Availability of Data.--The Secretary may make publicly available on the internet the data sets and the report under subsection (i). (d) Priority.--In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged. (3) Eligible areas.--An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1). (C) Secretary.--The term ``Secretary'' means the Secretary of Labor. (C) Facilitating actions, through industry or sector partnerships, registered apprenticeship programs, or pre-apprenticeship programs affiliated with registered apprenticeship programs, that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry. 49 et seq. (3) Services.-- (A) In general.--Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include-- (i) pre-employment services as described in subparagraph (B); and (ii) employment services as described in subparagraph (C). (c) Application.--An entity seeking an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Use of Funds.--An award made under this section may be used to provide technical assistance to entities receiving a grant under section 201 in order for such entities to carry out the activities described in subsection (d) of that section. (e) Amount.--The amount of a grant awarded under this section may not exceed $5,000,000. (B) Examples.--Examples of costs prohibited under subparagraph (A) include the costs of-- (i) preparing and distributing materials for a purpose described in subparagraph (A); (ii) hiring or consulting legal counsel or consultants for such purpose; (iii) meetings held for such purpose (including paying the salaries of the attendees at such meetings); and (iv) planning or conducting activities for such purpose during work hours by managers, supervisors, or labor organization representatives. (2) Exception for employees and independents contractors.-- (A) In general.--The requirements under paragraph (1) shall not apply with respect to an employee or independent contractor who-- (i) is covered by a collective bargaining agreement negotiated between the entity receiving an award or subaward and a labor organization representing the employee or independent contractor; or (ii) except as provided in subparagraph (B), entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph. 3102). 300j-12(a)(4)).

1. Targeted hiring requirements for construction jobs created by covered infrastructure programs. Definitions. Increasing meaningful small business participation. Compliance with court orders. Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value Contracting Analysis Sec. Subtitle D--Improving Safety, Connectivity, and Access to Better Opportunities Sec. Establishment of performance measures for transportation accessibility. Technical assistance program. Connect Communities Program. Building American Infrastructure and Careers Program. TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS Sec. Wage rate. Sec. Buy America Bureau. 2. 1932(b)). (R) Assistance provided under title 23, United States Code. (T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers. (AA) Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 (42 U.S.C. (FF) Any similar program, as determined by the Director of the Office of Management and Budget, in consultation with the heads of the relevant Federal agencies. (3) Head of the relevant federal agency.--The term ``head of the relevant Federal agency'' means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program. (6) State workforce development board.--The term ``State workforce development board'' has the meaning given the term ``State board'' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 111. (2) Applicable percentage.--The applicable percentage referred to in paragraph (1) is-- (A) for fiscal year 2022, 10 percent; (B) for fiscal year 2023, 20 percent; (C) for fiscal year 2024, 30 percent; (D) for fiscal year 2025, 40 percent; and (E) for fiscal year 2026 and each fiscal year thereafter, 50 percent. 123. (f) Report.--Not less frequently than once each fiscal year, the heads of the relevant Federal agencies shall jointly submit to Congress a report describing the implementation of this section. ); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include-- (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; and (3) assessing the change in accessibility that would result from new transportation investments. (j) Public Availability of Data.--The Secretary may make publicly available on the internet the data sets and the report under subsection (i). 143. (d) Priority.--In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged. (3) Eligible areas.--An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1). (C) Secretary.--The term ``Secretary'' means the Secretary of Labor. (C) Facilitating actions, through industry or sector partnerships, registered apprenticeship programs, or pre-apprenticeship programs affiliated with registered apprenticeship programs, that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry. 49 et seq. (3) Services.-- (A) In general.--Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include-- (i) pre-employment services as described in subparagraph (B); and (ii) employment services as described in subparagraph (C). (c) Application.--An entity seeking an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Use of Funds.--An award made under this section may be used to provide technical assistance to entities receiving a grant under section 201 in order for such entities to carry out the activities described in subsection (d) of that section. (e) Amount.--The amount of a grant awarded under this section may not exceed $5,000,000. 203. (d) Disclosure of Violations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a website that-- (A) is available to the public at no cost; (B) indicates each violation disclosed under subsection (b) or (e)(1) with respect to an entity applying for, or receiving, a covered award or covered subaward until such violation is corrected and the entity is in compliance with all labor laws listed in subsection (b)(1); and (C) is designed to enable interested parties to easily identify entities applying for, or receiving, covered awards or covered subawards that are in violation of any labor laws listed in subsection (b)(1) and steps taken by such entities to correct the violations or improve compliance with such laws. (B) Examples.--Examples of costs prohibited under subparagraph (A) include the costs of-- (i) preparing and distributing materials for a purpose described in subparagraph (A); (ii) hiring or consulting legal counsel or consultants for such purpose; (iii) meetings held for such purpose (including paying the salaries of the attendees at such meetings); and (iv) planning or conducting activities for such purpose during work hours by managers, supervisors, or labor organization representatives. (2) Exception for employees and independents contractors.-- (A) In general.--The requirements under paragraph (1) shall not apply with respect to an employee or independent contractor who-- (i) is covered by a collective bargaining agreement negotiated between the entity receiving an award or subaward and a labor organization representing the employee or independent contractor; or (ii) except as provided in subparagraph (B), entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph. 3102). 300j-12(a)(4)).

H.R.702

Labor and Employment

This bill requires the Department of Labor to award grants to states to develop, administer, and evaluate registered apprenticeship programs focused on early childhood education.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP PROGRAMS. (a) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to States to develop, administer, and evaluate apprenticeships. (b) Application.--A State seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (c) Uses of Funds.-- (1) Required uses.--A grant under subsection (a) shall be used for activities that develop, administer, and evaluate an apprenticeship, including-- (A) equipping apprentices with specialized knowledge, skills, and competencies required to work in early childhood education; (B) increasing the number of apprentices (including apprentices that are in areas that are underserved or rural) with a recognized postsecondary credential, a certificate of completion of an apprenticeship, or a degree from an institution of higher education; (C) promoting recruitment and retention of apprentices; (D) providing a pathway to career advancement for apprentices by assisting such apprentices in completing an apprenticeship and tracking the percent of such completions, including the apprentices who-- (i) attend an institution of higher education after completing an apprenticeship; and (ii) enter into employment that is unsubsidized after completing an apprenticeship; (E) supporting partnerships with institutions of higher education in the State, businesses, and other entities participating in an apprenticeship to provide for academic credit for instruction related to the apprenticeship and the application of such credit toward a degree at an institution of higher education; and (F) developing strategies to hire and retain qualified supervisors for apprentices that support such apprentices through-- (i) professional development; (ii) mentorship; (iii) evaluation; and (iv) training. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (a) may be used to-- (A) coordinate with the State apprenticeship agency to determine and disseminate best practices, recommended curricula, or other resources on administering effective apprenticeships for businesses, institutions of higher education, or other entities participating in an apprenticeship; and (B) establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on State and national workforce registries (commonly known as ``Registered Apprenticeship Partners Information Data Systems''), including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a recognized postsecondary credential, a secondary school diploma, or the recognized equivalent of such diploma while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a recognized postsecondary credential or degree, a secondary school diploma, or the recognized equivalent of such diploma within 1 year after completing an apprenticeship. (d) Priority.--The Secretary shall prioritize State applicants that-- (1) have developed partnerships with-- (A) Indian Tribes in such State; or (B) institutions of higher education that serve minority populations; (2) have a statewide credit articulation agreement in place that ensures credit transfer between participating institutions of higher education in the State and other relevant credential programs; or (3) assure that no less than 25 percent of the grant funds will be used to support apprenticeships in underserved or rural communities. (e) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. (2) Limitation.--The Secretary shall award no greater than 20 grants each fiscal year. (f) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. (g) State Evaluation and Report to Secretary.-- (1) Evaluation and report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, a State shall submit to the Secretary a report containing an evaluation of the apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices. (2) Rule for reporting data.--The disaggregation of data under this Act shall not be required when the number of apprentices in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an apprentice. (h) Report to Congress.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of each State that received a grant under this Act to develop, administer, and evaluate apprenticeships, including evaluating-- (1) an increase in the number of apprentices in early childhood education; (2) an increase in the retention rates of individuals who work in early childhood education after completing an apprenticeship; (3) the career path of apprentices and individuals who have completed an apprenticeship; and (4) an increase in the number of credentials and degrees obtained by apprentices. (i) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). (j) Definitions.--In this Act: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education as that term is defined under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (2) Apprenticeship.--The term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term under section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)). (4) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. <all>

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.

Rep. Guthrie, Brett

R

KY

This bill requires the Department of Labor to award grants to states to develop, administer, and evaluate registered apprenticeship programs focused on early childhood education.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP PROGRAMS. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (a) may be used to-- (A) coordinate with the State apprenticeship agency to determine and disseminate best practices, recommended curricula, or other resources on administering effective apprenticeships for businesses, institutions of higher education, or other entities participating in an apprenticeship; and (B) establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on State and national workforce registries (commonly known as ``Registered Apprenticeship Partners Information Data Systems''), including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a recognized postsecondary credential, a secondary school diploma, or the recognized equivalent of such diploma while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a recognized postsecondary credential or degree, a secondary school diploma, or the recognized equivalent of such diploma within 1 year after completing an apprenticeship. (2) Limitation.--The Secretary shall award no greater than 20 grants each fiscal year. (f) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (g) State Evaluation and Report to Secretary.-- (1) Evaluation and report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, a State shall submit to the Secretary a report containing an evaluation of the apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices. 3224a). 1003). (2) Apprenticeship.--The term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term under section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)). 50 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP PROGRAMS. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (a) may be used to-- (A) coordinate with the State apprenticeship agency to determine and disseminate best practices, recommended curricula, or other resources on administering effective apprenticeships for businesses, institutions of higher education, or other entities participating in an apprenticeship; and (B) establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on State and national workforce registries (commonly known as ``Registered Apprenticeship Partners Information Data Systems''), including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a recognized postsecondary credential, a secondary school diploma, or the recognized equivalent of such diploma while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a recognized postsecondary credential or degree, a secondary school diploma, or the recognized equivalent of such diploma within 1 year after completing an apprenticeship. (2) Limitation.--The Secretary shall award no greater than 20 grants each fiscal year. (f) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) Apprenticeship.--The term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term under section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP PROGRAMS. (b) Application.--A State seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (a) may be used to-- (A) coordinate with the State apprenticeship agency to determine and disseminate best practices, recommended curricula, or other resources on administering effective apprenticeships for businesses, institutions of higher education, or other entities participating in an apprenticeship; and (B) establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on State and national workforce registries (commonly known as ``Registered Apprenticeship Partners Information Data Systems''), including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a recognized postsecondary credential, a secondary school diploma, or the recognized equivalent of such diploma while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a recognized postsecondary credential or degree, a secondary school diploma, or the recognized equivalent of such diploma within 1 year after completing an apprenticeship. (d) Priority.--The Secretary shall prioritize State applicants that-- (1) have developed partnerships with-- (A) Indian Tribes in such State; or (B) institutions of higher education that serve minority populations; (2) have a statewide credit articulation agreement in place that ensures credit transfer between participating institutions of higher education in the State and other relevant credential programs; or (3) assure that no less than 25 percent of the grant funds will be used to support apprenticeships in underserved or rural communities. (2) Limitation.--The Secretary shall award no greater than 20 grants each fiscal year. (f) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. (g) State Evaluation and Report to Secretary.-- (1) Evaluation and report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, a State shall submit to the Secretary a report containing an evaluation of the apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices. (2) Rule for reporting data.--The disaggregation of data under this Act shall not be required when the number of apprentices in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an apprentice. (i) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). 1003). (2) Apprenticeship.--The term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term under section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)). 50 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP PROGRAMS. (b) Application.--A State seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (a) may be used to-- (A) coordinate with the State apprenticeship agency to determine and disseminate best practices, recommended curricula, or other resources on administering effective apprenticeships for businesses, institutions of higher education, or other entities participating in an apprenticeship; and (B) establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on State and national workforce registries (commonly known as ``Registered Apprenticeship Partners Information Data Systems''), including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a recognized postsecondary credential, a secondary school diploma, or the recognized equivalent of such diploma while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a recognized postsecondary credential or degree, a secondary school diploma, or the recognized equivalent of such diploma within 1 year after completing an apprenticeship. (d) Priority.--The Secretary shall prioritize State applicants that-- (1) have developed partnerships with-- (A) Indian Tribes in such State; or (B) institutions of higher education that serve minority populations; (2) have a statewide credit articulation agreement in place that ensures credit transfer between participating institutions of higher education in the State and other relevant credential programs; or (3) assure that no less than 25 percent of the grant funds will be used to support apprenticeships in underserved or rural communities. (2) Limitation.--The Secretary shall award no greater than 20 grants each fiscal year. (f) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. (g) State Evaluation and Report to Secretary.-- (1) Evaluation and report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, a State shall submit to the Secretary a report containing an evaluation of the apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices. (2) Rule for reporting data.--The disaggregation of data under this Act shall not be required when the number of apprentices in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an apprentice. (h) Report to Congress.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of each State that received a grant under this Act to develop, administer, and evaluate apprenticeships, including evaluating-- (1) an increase in the number of apprentices in early childhood education; (2) an increase in the retention rates of individuals who work in early childhood education after completing an apprenticeship; (3) the career path of apprentices and individuals who have completed an apprenticeship; and (4) an increase in the number of credentials and degrees obtained by apprentices. (i) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). 1003). (2) Apprenticeship.--The term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term under section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)). 50 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

S.2710

Commerce

Open App Markets Act This bill establishes rules related to the operation of an app store by a covered company (i.e., the owner or controller of an app store with more than 50 million U.S. users). An app is a software application or electronic service that may be run or directed by a user on a computer or mobile device. An app store is a publicly available website, software application, or other electronic service that distributes apps from third-party developers to users. The bill prohibits a covered company from (1) requiring developers to use an in-app payment system owned or controlled by the company as a condition of distribution or accessibility, (2) requiring that pricing or conditions of sale be equal to or more favorable on its app store than another app store, or (3) taking punitive action against a developer for using or offering different pricing terms or conditions of sale through another in-app payment system or on another app store. A covered company may not interfere with legitimate business communications between developers and users, use non-public business information from a third-party app to compete with the app, or unreasonably prefer or rank its own apps (or those of its business partners) over other apps. The bill provides for enforcement of its provisions by the Federal Trade Commission and the Department of Justice, as well as through suits brought by developers that are injured by reason of anything prohibited by this bill.

To promote competition and reduce gatekeeper power in the app economy, increase choice, improve quality, and reduce costs for consumers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Open App Markets Act''.</DELETED> <DELETED>SEC. 2. DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) App.--The term ``App'' means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device.</DELETED> <DELETED> (2) App store.--The term ``App Store'' means a publicly available website, software application, or other electronic service that distributes Apps from third-party developers to users of a computer, a mobile device, or any other general purpose computing device.</DELETED> <DELETED> (3) Covered company.--The term ``Covered Company'' means any person that owns or controls an App Store for which users in the United States exceed 50,000,000.</DELETED> <DELETED> (4) Developer.--The term ``developer'' means a person that owns or controls an App or an App Store.</DELETED> <DELETED> (5) In-app payment system.--The term ``In-App Payment System'' means an application, service, or user interface to process the payments from users of an App.</DELETED> <DELETED> (6) Non-public business information.--The term ``non-public business information'' means non-public data that is--</DELETED> <DELETED> (A) derived from a developer or an App or App Store owned or controlled by a developer, including interactions between users and the App or App Store of the developer; and</DELETED> <DELETED> (B) collected by a Covered Company in the course of operating an App Store or providing an operating system.</DELETED> <DELETED>SEC. 3. PROTECTING A COMPETITIVE APP MARKET.</DELETED> <DELETED> (a) Exclusivity and Tying.--A Covered Company shall not-- </DELETED> <DELETED> (1) require developers to use an In-App Payment System owned or controlled by the Covered Company or any of its business partners as a condition of being distributed on an App Store or accessible on an operating system;</DELETED> <DELETED> (2) require as a term of distribution on an App Store that pricing terms or conditions of sale be equal to or more favorable on its App Store than the terms or conditions under another App Store; or</DELETED> <DELETED> (3) take punitive action or otherwise impose less favorable terms and conditions against a developer for using or offering different pricing terms or conditions of sale through another In-App Payment System or on another App Store.</DELETED> <DELETED> (b) Interference With Legitimate Business Communications.--A Covered Company shall not impose restrictions on communications of developers with the users of the App through an App or direct outreach to a user concerning legitimate business offers, such as pricing terms and product or service offerings.</DELETED> <DELETED> (c) Non-Public Business Information.--A Covered Company shall not use non-public business information derived from a third- party App for the purpose of competing with that App.</DELETED> <DELETED> (d) Interoperability.--A Covered Company that controls the operating system or operating system configuration on which its App Store operates shall allow and provide the readily accessible means for users of that operating system to--</DELETED> <DELETED> (1) choose third-party Apps or App Stores as defaults for categories appropriate to the App or App Store;</DELETED> <DELETED> (2) install third-party Apps or App Stores through means other than its App Store; and</DELETED> <DELETED> (3) hide or delete Apps or App Stores provided or preinstalled by the App Store owner or any of its business partners.</DELETED> <DELETED> (e) Self-Preferencing in Search.--</DELETED> <DELETED> (1) In general.--A Covered Company shall not provide unequal treatment of Apps in an App Store through unreasonably preferencing or ranking the Apps of the Covered Company or any of its business partners over those of other Apps.</DELETED> <DELETED> (2) Considerations.--Unreasonably preferencing-- </DELETED> <DELETED> (A) includes applying ranking schemes or algorithms that prioritize Apps based on a criterion of ownership interest by the Covered Company or its business partners; and</DELETED> <DELETED> (B) does not include clearly disclosed advertising.</DELETED> <DELETED> (f) Open App Development.--Access to operating system interfaces, development information, and hardware and software features shall be provided to developers on a timely basis and on terms that are equivalent or functionally-equivalent to the terms for access by similar Apps or functions provided by the Covered Company or to its business partners.</DELETED> <DELETED>SEC. 4. PROTECTING THE SECURITY AND PRIVACY OF USERS.</DELETED> <DELETED> (a) In General.--Subject to section (b), a Covered Company shall not be in violation of a subsection of section 3 for an action that is--</DELETED> <DELETED> (1) necessary to achieve user privacy, security, or digital safety;</DELETED> <DELETED> (2) taken to prevent spam or fraud; or</DELETED> <DELETED> (3) taken to prevent a violation of, or comply with, Federal or State law.</DELETED> <DELETED> (b) Requirements.--Section (a) shall only apply if the Covered Company establishes by clear and convincing evidence that the action described is--</DELETED> <DELETED> (1) applied on a demonstrably consistent basis to Apps of the Covered Company or its business partners and to other Apps;</DELETED> <DELETED> (2) not used as a pretext to exclude, or impose unnecessary or discriminatory terms on, third-party Apps, In- App Payment Systems, or App Stores; and</DELETED> <DELETED> (3) narrowly tailored and could not be achieved through a less discriminatory and technically possible means.</DELETED> <DELETED>SEC. 5. ENFORCEMENT.</DELETED> <DELETED> (a) Enforcement.--</DELETED> <DELETED> (1) In general.--The Federal Trade Commission, the Attorney General, and any attorney general of a State subject to the requirements in paragraph (4) shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or the Clayton Act (15 U.S.C. 12 et seq.), as appropriate, were incorporated into and made a part of this Act.</DELETED> <DELETED> (2) Unfair methods of competition.--A violation of this Act shall also constitute an unfair method of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 5).</DELETED> <DELETED> (3) Federal trade commission independent litigation authority.--If the Federal Trade Commission has reason to believe that a Covered Company violated this Act, the Federal Trade Commission may commence a civil action, in its own name by any of its attorneys designated by it for such purpose, to recover a civil penalty and seek other appropriate relief in a district court of the United States against the covered platform operator.</DELETED> <DELETED> (4) Parens patriae.--Any attorney general of a State may bring a civil action in the name of such State for a violation of this Act as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, and may secure any form of relief provided for in this section.</DELETED> <DELETED> (b) Suits by Developers Injured.--</DELETED> <DELETED> (1) In general.--Any developer who shall be injured by reason of anything forbidden in this Act may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee. The court may award under this subsection, pursuant to a motion by such developer promptly made, simple interest on actual damages for the period beginning on the date of service of such developer's pleading setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this subsection for any period is just in the circumstances, the court shall consider only--</DELETED> <DELETED> (A) whether such developer or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;</DELETED> <DELETED> (B) whether, in the course of the action involved, such developer or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and</DELETED> <DELETED> (C) whether such developer or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.</DELETED> <DELETED> (2) Injunctive relief.--Any developer shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff.</DELETED> <DELETED>SEC. 6. RULE OF CONSTRUCTION.</DELETED> <DELETED> Nothing in this Act shall be construed to limit any authority of the Attorney General or the Federal Trade Commission under the antitrust laws (as defined in the first section of the Clayton Act (15 U.S.C. 12)), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), or any other provision of law or to limit the application of any law.</DELETED> <DELETED>SEC. 7. SEVERABILITY.</DELETED> <DELETED> If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of the provision held to be unconstitutional to any other person or circumstance, shall not be affected thereby.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Open App Markets Act''. SEC. 2. DEFINITIONS. In this Act: (1) App.--The term ``app'' means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device. (2) App store.--The term ``app store'' means a publicly available website, software application, or other electronic service that distributes apps from third-party developers to users of a computer, a mobile device, or any other general purpose computing device. (3) Covered company.--The term ``covered company'' means any person that owns or controls an app store for which users in the United States exceed 50,000,000. (4) Developer.--The term ``developer'' means a person that owns or controls an app or an app store. (5) In-app payment system.--The term ``in-app payment system'' means an application, service, or user interface to manage billing or process the payments from users of an app. (6) Nonpublic business information.--The term ``nonpublic business information'' means nonpublic data that is-- (A) derived from a developer or an app or app store owned or controlled by a developer, including interactions between users and the app or app store of the developer; and (B) collected by a covered company in the course of operating an app store or providing an operating system. SEC. 3. PROTECTING A COMPETITIVE APP MARKET. (a) Exclusivity and Tying.--A covered company shall not-- (1) require developers to use or enable an in-app payment system owned or controlled by the covered company or any of its business partners as a condition of the distribution of an app on an app store or accessible on an operating system; (2) require as a term of distribution on an app store that pricing terms or conditions of sale be equal to or more favorable on its app store than the terms or conditions under another app store; or (3) take punitive action or otherwise impose less favorable terms and conditions against a developer for using or offering different pricing terms or conditions of sale through another in-app payment system or on another app store. (b) Interference With Legitimate Business Communications.--A covered company shall not impose restrictions on communications of developers with the users of an app of the developer through the app or direct outreach to a user concerning legitimate business offers, such as pricing terms and product or service offerings. Nothing in this subsection shall prohibit a covered company from providing a user the option to offer consent prior to the collection and sharing of the data of the user by an app. (c) Nonpublic Business Information.--A covered company shall not use nonpublic business information derived from a third-party app for the purpose of competing with that app. (d) Interoperability.--A covered company that controls the operating system or operating system configuration on which its app store operates shall allow and provide readily accessible means for users of that operating system to-- (1) choose third-party apps or app stores as defaults for categories appropriate to the app or app store; (2) install third-party apps or app stores through means other than its app store; and (3) hide or delete apps or app stores provided or preinstalled by the app store owner or any of its business partners. (e) Self-preferencing in Search.-- (1) In general.--A covered company shall not provide unequal treatment of apps in an app store through unreasonably preferencing or ranking the apps of the covered company or any of its business partners over those of other apps in organic search results. (2) Considerations.--Unreasonably preferencing-- (A) includes applying ranking schemes or algorithms that prioritize apps based on a criterion of ownership interest by the covered company or its business partners; and (B) does not include clearly disclosed advertising. (f) Open App Development.--A covered company shall provide access to operating system interfaces, development information, and hardware and software features to developers on a timely basis and on terms that are equivalent or functionally equivalent to the terms for access by similar apps or functions provided by the covered company or to its business partners. SEC. 4. PROTECTING THE SECURITY AND PRIVACY OF USERS. (a) In General.-- (1) No violation.--Subject to section (b), a covered company shall not be in violation of section 3 for an action that is-- (A) necessary to achieve user privacy, security, or digital safety; (B) taken to prevent spam or fraud; (C) necessary to prevent unlawful infringement of preexisting intellectual property; or (D) taken to prevent a violation of, or comply with, Federal or State law. (2) Privacy and security protections.--In paragraph (1), the term ``necessary to achieve user privacy, security, or digital safety'' includes-- (A) allowing an end user to opt in, and providing information regarding the reasonable risks, prior to enabling installation of the third-party apps or app stores; (B) removing malicious or fraudulent apps or app stores from an end user device; (C) providing an end user with the technical means to verify the authenticity and origin of third-party apps or app stores; and (D) providing an end user with option to limit the collection sharing of the data of the user with third- party apps or app stores. (b) Requirements.--Subsection (a) shall only apply if the covered company establishes by a preponderance of the evidence that the action described in that subsection is-- (1) applied on a demonstrably consistent basis to-- (A) apps of the covered company or its business partners; and (B) other apps; (2) not used as a pretext to exclude, or impose unnecessary or discriminatory terms on, third-party apps, in-app payment systems, or app stores; and (3) narrowly tailored and could not be achieved through a less discriminatory and technically possible means. SEC. 5. ENFORCEMENT. (a) Enforcement.-- (1) In general.--The Federal Trade Commission, the Attorney General, and any attorney general of a State subject to the requirements in paragraph (3) shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.), the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), and Antitrust Civil Process Act (15 U.S.C. 1311 et seq.), as appropriate, were incorporated into and made a part of this Act. (2) Federal trade commission independent litigation authority.--If the Federal Trade Commission has reason to believe that a covered company violated this Act, the Federal Trade Commission may commence a civil action, in its own name by any of its attorneys designated by it for such purpose, to recover a civil penalty and seek other appropriate relief in a district court of the United States against the covered company. (3) Parens patriae.--Any attorney general of a State may bring a civil action in the name of such State for a violation of this Act as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, and may secure any form of relief provided for in this section. (b) Suits by Developers Injured.-- (1) In general.--Except as provided in paragraph (3), any developer injured by reason of anything forbidden in this Act may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by the developer sustained and the cost of suit, including a reasonable attorney's fee. The court may award under this paragraph, pursuant to a motion by such developer promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading of the developer setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only-- (A) whether the developer or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith; (B) whether, in the course of the action involved, the developer or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (C) whether the developer or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (2) Injunctive relief.--Except as provided in paragraph (3), any developer shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff. (3) Foreign state-owned enterprises.--A developer of an app that is owned by, or under the control of, a foreign state may not bring an action under this subsection. SEC. 6. REPORTING. Not later than 3 years after the date of enactment of this Act, the Federal Trade Commission, the Comptroller General of the United States, and the Antitrust Division of the Department of Justice shall each separately review and provide an in-depth analysis of the impact of this Act on competition, innovation, barriers to entry, and concentrations of market power or market share after the date of enactment of this Act. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act may be construed-- (1) to limit-- (A) any authority of the Attorney General or the Federal Trade Commission under the antitrust laws (as defined in the first section of the Clayton Act (15 U.S.C. 12), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), or any other provision of law; or (B) the application of any law; (2) to require-- (A) a covered company to provide service under a hardware or software warranty for damage caused by third-party apps or app stores installed through means other than the app store of the covered company; or (B) customer service for the installation or operation of third-party apps or app stores described in subparagraph (A); (3) to prevent an action taken by a covered company that is reasonably tailored to protect the rights of third parties under section 106, 1101, 1201, or 1401 of title 17, United States Code, or rights actionable under sections 32 or 43 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Lanham Act'' or the ``Trademark Act of 1946'') (15 U.S.C. 1114, 1125), or corollary State law; (4) to require a covered company to license any intellectual property, including any trade secrets, owned by or licensed to the covered company; (5) to prevent a covered company from asserting preexisting rights of the covered company under intellectual property law to prevent the unlawful use of any intellectual property owned by or duly licensed to the covered company; or (6) to require a covered company to interoperate or share data with persons or business users that-- (A) are on any list maintained by the Federal Government by which entities are identified as limited or prohibited from engaging in economic transactions as part of United States sanctions or export control regimes; or (B) have been identified by the Federal Government as national security, intelligence, or law enforcement risks. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person or circumstance shall not be affected thereby. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date that is 180 days after the date of enactment of this Act. Calendar No. 275 117th CONGRESS 2d Session S. 2710 _______________________________________________________________________

Open App Markets Act

A bill to promote competition and reduce gatekeeper power in the app economy, increase choice, improve quality, and reduce costs for consumers.

Open App Markets Act Open App Markets Act

Sen. Blumenthal, Richard

D

CT

This bill establishes rules related to the operation of an app store by a covered company (i.e., the owner or controller of an app store with more than 50 million U.S. users). An app is a software application or electronic service that may be run or directed by a user on a computer or mobile device. An app store is a publicly available website, software application, or other electronic service that distributes apps from third-party developers to users. The bill prohibits a covered company from (1) requiring developers to use an in-app payment system owned or controlled by the company as a condition of distribution or accessibility, (2) requiring that pricing or conditions of sale be equal to or more favorable on its app store than another app store, or (3) taking punitive action against a developer for using or offering different pricing terms or conditions of sale through another in-app payment system or on another app store. A covered company may not interfere with legitimate business communications between developers and users, use non-public business information from a third-party app to compete with the app, or unreasonably prefer or rank its own apps (or those of its business partners) over other apps. The bill provides for enforcement of its provisions by the Federal Trade Commission and the Department of Justice, as well as through suits brought by developers that are injured by reason of anything prohibited by this bill.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Open App Markets Act''.</DELETED> <DELETED>SEC. 12)), the Federal Trade Commission Act (15 U.S.C. ), or any other provision of law or to limit the application of any law.</DELETED> <DELETED>SEC. 2. (3) Covered company.--The term ``covered company'' means any person that owns or controls an app store for which users in the United States exceed 50,000,000. (4) Developer.--The term ``developer'' means a person that owns or controls an app or an app store. (5) In-app payment system.--The term ``in-app payment system'' means an application, service, or user interface to manage billing or process the payments from users of an app. (c) Nonpublic Business Information.--A covered company shall not use nonpublic business information derived from a third-party app for the purpose of competing with that app. (e) Self-preferencing in Search.-- (1) In general.--A covered company shall not provide unequal treatment of apps in an app store through unreasonably preferencing or ranking the apps of the covered company or any of its business partners over those of other apps in organic search results. (a) In General.-- (1) No violation.--Subject to section (b), a covered company shall not be in violation of section 3 for an action that is-- (A) necessary to achieve user privacy, security, or digital safety; (B) taken to prevent spam or fraud; (C) necessary to prevent unlawful infringement of preexisting intellectual property; or (D) taken to prevent a violation of, or comply with, Federal or State law. 5. ENFORCEMENT. 1 et seq. ), as appropriate, were incorporated into and made a part of this Act. (2) Injunctive relief.--Except as provided in paragraph (3), any developer shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff. 6. RULE OF CONSTRUCTION. EFFECTIVE DATE.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Open App Markets Act''.</DELETED> <DELETED>SEC. 12)), the Federal Trade Commission Act (15 U.S.C. ), or any other provision of law or to limit the application of any law.</DELETED> <DELETED>SEC. 2. (3) Covered company.--The term ``covered company'' means any person that owns or controls an app store for which users in the United States exceed 50,000,000. (4) Developer.--The term ``developer'' means a person that owns or controls an app or an app store. (5) In-app payment system.--The term ``in-app payment system'' means an application, service, or user interface to manage billing or process the payments from users of an app. (c) Nonpublic Business Information.--A covered company shall not use nonpublic business information derived from a third-party app for the purpose of competing with that app. (e) Self-preferencing in Search.-- (1) In general.--A covered company shall not provide unequal treatment of apps in an app store through unreasonably preferencing or ranking the apps of the covered company or any of its business partners over those of other apps in organic search results. (a) In General.-- (1) No violation.--Subject to section (b), a covered company shall not be in violation of section 3 for an action that is-- (A) necessary to achieve user privacy, security, or digital safety; (B) taken to prevent spam or fraud; (C) necessary to prevent unlawful infringement of preexisting intellectual property; or (D) taken to prevent a violation of, or comply with, Federal or State law. 5. ENFORCEMENT. 1 et seq. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff. 6. RULE OF CONSTRUCTION. EFFECTIVE DATE.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Open App Markets Act''.</DELETED> <DELETED>SEC. 12)), the Federal Trade Commission Act (15 U.S.C. ), or any other provision of law or to limit the application of any law.</DELETED> <DELETED>SEC. 2. DEFINITIONS. In this Act: (1) App.--The term ``app'' means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device. (3) Covered company.--The term ``covered company'' means any person that owns or controls an app store for which users in the United States exceed 50,000,000. (4) Developer.--The term ``developer'' means a person that owns or controls an app or an app store. (5) In-app payment system.--The term ``in-app payment system'' means an application, service, or user interface to manage billing or process the payments from users of an app. PROTECTING A COMPETITIVE APP MARKET. (b) Interference With Legitimate Business Communications.--A covered company shall not impose restrictions on communications of developers with the users of an app of the developer through the app or direct outreach to a user concerning legitimate business offers, such as pricing terms and product or service offerings. (c) Nonpublic Business Information.--A covered company shall not use nonpublic business information derived from a third-party app for the purpose of competing with that app. (e) Self-preferencing in Search.-- (1) In general.--A covered company shall not provide unequal treatment of apps in an app store through unreasonably preferencing or ranking the apps of the covered company or any of its business partners over those of other apps in organic search results. (f) Open App Development.--A covered company shall provide access to operating system interfaces, development information, and hardware and software features to developers on a timely basis and on terms that are equivalent or functionally equivalent to the terms for access by similar apps or functions provided by the covered company or to its business partners. (a) In General.-- (1) No violation.--Subject to section (b), a covered company shall not be in violation of section 3 for an action that is-- (A) necessary to achieve user privacy, security, or digital safety; (B) taken to prevent spam or fraud; (C) necessary to prevent unlawful infringement of preexisting intellectual property; or (D) taken to prevent a violation of, or comply with, Federal or State law. 5. ENFORCEMENT. 1 et seq. ), and Antitrust Civil Process Act (15 U.S.C. ), as appropriate, were incorporated into and made a part of this Act. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only-- (A) whether the developer or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith; (B) whether, in the course of the action involved, the developer or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (C) whether the developer or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (2) Injunctive relief.--Except as provided in paragraph (3), any developer shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff. (3) Foreign state-owned enterprises.--A developer of an app that is owned by, or under the control of, a foreign state may not bring an action under this subsection. 6. 7. RULE OF CONSTRUCTION. SEVERABILITY. EFFECTIVE DATE.

To promote competition and reduce gatekeeper power in the app economy, increase choice, improve quality, and reduce costs for consumers. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Open App Markets Act''.</DELETED> <DELETED>SEC. 41 et seq.) 12)), the Federal Trade Commission Act (15 U.S.C. ), or any other provision of law or to limit the application of any law.</DELETED> <DELETED>SEC. 2. DEFINITIONS. In this Act: (1) App.--The term ``app'' means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device. (3) Covered company.--The term ``covered company'' means any person that owns or controls an app store for which users in the United States exceed 50,000,000. (4) Developer.--The term ``developer'' means a person that owns or controls an app or an app store. (5) In-app payment system.--The term ``in-app payment system'' means an application, service, or user interface to manage billing or process the payments from users of an app. PROTECTING A COMPETITIVE APP MARKET. (a) Exclusivity and Tying.--A covered company shall not-- (1) require developers to use or enable an in-app payment system owned or controlled by the covered company or any of its business partners as a condition of the distribution of an app on an app store or accessible on an operating system; (2) require as a term of distribution on an app store that pricing terms or conditions of sale be equal to or more favorable on its app store than the terms or conditions under another app store; or (3) take punitive action or otherwise impose less favorable terms and conditions against a developer for using or offering different pricing terms or conditions of sale through another in-app payment system or on another app store. (b) Interference With Legitimate Business Communications.--A covered company shall not impose restrictions on communications of developers with the users of an app of the developer through the app or direct outreach to a user concerning legitimate business offers, such as pricing terms and product or service offerings. (c) Nonpublic Business Information.--A covered company shall not use nonpublic business information derived from a third-party app for the purpose of competing with that app. (e) Self-preferencing in Search.-- (1) In general.--A covered company shall not provide unequal treatment of apps in an app store through unreasonably preferencing or ranking the apps of the covered company or any of its business partners over those of other apps in organic search results. (f) Open App Development.--A covered company shall provide access to operating system interfaces, development information, and hardware and software features to developers on a timely basis and on terms that are equivalent or functionally equivalent to the terms for access by similar apps or functions provided by the covered company or to its business partners. (a) In General.-- (1) No violation.--Subject to section (b), a covered company shall not be in violation of section 3 for an action that is-- (A) necessary to achieve user privacy, security, or digital safety; (B) taken to prevent spam or fraud; (C) necessary to prevent unlawful infringement of preexisting intellectual property; or (D) taken to prevent a violation of, or comply with, Federal or State law. 5. ENFORCEMENT. 1 et seq. ), and Antitrust Civil Process Act (15 U.S.C. ), as appropriate, were incorporated into and made a part of this Act. (b) Suits by Developers Injured.-- (1) In general.--Except as provided in paragraph (3), any developer injured by reason of anything forbidden in this Act may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by the developer sustained and the cost of suit, including a reasonable attorney's fee. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only-- (A) whether the developer or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith; (B) whether, in the course of the action involved, the developer or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (C) whether the developer or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (2) Injunctive relief.--Except as provided in paragraph (3), any developer shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff. (3) Foreign state-owned enterprises.--A developer of an app that is owned by, or under the control of, a foreign state may not bring an action under this subsection. 6. 7. RULE OF CONSTRUCTION. SEVERABILITY. EFFECTIVE DATE. 275 117th CONGRESS 2d Session S. 2710 _______________________________________________________________________

H.R.9690

Transportation and Public Works

Blocked Rail Crossings Safety Improvement Act of 2021 This bill addresses safety and congestion along railroad right-of-way and highway-rail grade crossings. For example, the bill directs the Department of Transportation (DOT) to provide grants to (1) assist state, local, and tribal governments in funding the cost of highway-rail grade crossing separation projects; and (2) help nonprofit organizations carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad right-of-way and at highway-rail grade crossings. Additionally, the bill prohibits railroad carriers from obstructing travel at public highway-rail crossings for more than 10 minutes, except under limited circumstances (e.g., safety issues). Further, DOT must (1) establish a national blocked crossings database for the public to report blocked crossing incidents; (2) conduct a comprehensive review of the national highway-rail crossing inventory; and (3) revise its regulations, guidance, or other relevant agency documents to include the number of suicides on a railroad crossing or railroad right-of-way in the total number of rail fatalities it reports each year.

To amend title 49, United States Code, to provide for highway-rail grade crossing separation grants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Blocked Rail Crossings Safety Improvement Act of 2021''. SEC. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS. (a) In General.--Chapter 229 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 22911. Highway-rail grade crossing separation grants ``(a) General Authority.--The Secretary of Transportation shall make grants under this section to eligible entities to assist in funding the cost of highway-rail grade crossing separation projects. ``(b) Application Requirements.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require, including-- ``(1) an agreement between the entity that owns or controls the railroad right-of-way and the applicant addressing access to the railroad right-of-way throughout the project; and ``(2) a cost-sharing agreement with the funding amounts that the entity that owns or controls the railroad right-of-way shall contribute to the project, which shall be not less than 10 percent of the total project cost. ``(c) Eligible Projects.--The following projects are eligible to receive a grant under this section: ``(1) Installation, repair, or improvement, including necessary acquisition of real property interests, of highway- rail grade crossing separations. ``(2) Highway-rail grade crossing elimination incidental to eligible grade crossing separation projects. ``(3) Project planning, development, and environmental work related to a project described in paragraph (1) or (2). ``(d) Project Selection Criteria.--In awarding grants under this section, the Secretary-- ``(1) shall give priority to projects that maximize the safety benefits of Federal funding; and ``(2) may evaluate applications on the safety profile of the existing crossing, 10-year history of accidents at such crossing, inclusion of the proposed project on a State highway- rail grade crossing action plan, average daily vehicle traffic, total number of trains per day, average daily number of crossing closures, the challenges of grade crossings located near international borders, proximity to established emergency evacuation routes, and proximity of community resources, including schools, hospitals, fire stations, police stations, and emergency medical service facilities. ``(e) Federal Share of Total Project Costs.-- ``(1) Total project costs.--The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities. ``(2) Federal share.--The Federal share for a project carried out under this section shall not exceed 85 percent. ``(f) Grant Conditions.--An eligible entity may not receive a grant for a project under this section unless such project complies with section 22905. ``(g) Letters of Intent.-- ``(1) In general.--The Secretary shall, to the maximum extent practicable, issue a letter of intent to a recipient of a grant under this section that-- ``(A) announces an intention to obligate for a project an amount that is not more than the amount stipulated as the financial participation of the Secretary for the project; and ``(B) states that the contingent commitment-- ``(i) is not an obligation of the Federal Government; and ``(ii) is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment. ``(2) Congressional notification.-- ``(A) In general.--Not later than 3 days before issuing a letter of intent under paragraph (1), the Secretary shall submit written notification to-- ``(i) the Committee on Transportation and Infrastructure of the House of Representatives; ``(ii) the Committee on Appropriations of the House of Representatives; ``(iii) the Committee on Appropriations of the Senate; and ``(iv) the Committee on Commerce, Science, and Transportation of the Senate. ``(B) Contents.--The notification submitted under subparagraph (A) shall include-- ``(i) a copy of the letter of intent; ``(ii) the criteria used under subsection (d) for selecting the project for a grant; and ``(iii) a description of how the project meets such criteria. ``(h) Appropriations Required.--An obligation or contingent commitment may be made under subsection (g) only after amounts are appropriated for such purpose. ``(i) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a State; ``(B) a public agency or publicly chartered authority; ``(C) a metropolitan planning organization; ``(D) a political subdivision of a State; and ``(E) a Tribal government. ``(2) Metropolitan planning organization.--The term `metropolitan planning organization' has the meaning given such term in section 134(b) of title 23. ``(3) State.--The term `State' means a State of the United States or the District of Columbia.''. (b) Clerical Amendment.--The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following: ``22911. Highway-rail grade crossing separation grants.''. SEC. 3. RAIL SAFETY PUBLIC AWARENESS GRANT. Section 22907 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(m) Rail Safety Public Awareness Grants.-- ``(1) Grant.--Of the amounts made available to carry out this section, the Secretary shall make grants to nonprofit organizations to carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad right-of-way and at highway-rail grade crossings. ``(2) Selection.--Programs eligible for a grant under this subsection-- ``(A) shall include, as appropriate-- ``(i) development, placement, and dissemination of public service announcements in appropriate media; ``(ii) school presentations, driver and pedestrian safety education, materials, and public awareness campaigns; and ``(iii) disseminating information to the public on how to identify and report to the appropriate authorities-- ``(I) unsafe or malfunctioning highway-rail grade crossings and equipment; and ``(II) high-risk and unsafe behavior and trespassing around railroad right-of-way; and ``(B) may include targeted and sustained outreach in communities at greatest risk to develop measures to reduce such risk. ``(3) Coordination.--Eligible entities shall coordinate program activities with local communities, law enforcement and emergency responders, and railroad carriers, as appropriate, and ensure consistency with State highway-rail grade crossing action plans required under section 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the report titled `National Strategy to Prevent Trespassing on Railroad Property' issued by the Federal Railroad Administration in October 2018. ``(4) Prioritization.--In awarding grants under this subsection, the Administrator shall give priority to applications for programs that-- ``(A) are nationally recognized; ``(B) are targeted at schools in close proximity to railroad right-of-way; ``(C) partner with nearby railroad carriers; or ``(D) focus on communities with a recorded history of repeated pedestrian and motor vehicle accidents, incidents, injuries, and fatalities at highway-rail grade crossings and along railroad right-of-way. ``(5) Applicability.--Section 22905 shall not apply to contracts and agreements made under this subsection.''. SEC. 4. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC HIGHWAY-RAIL GRADE CROSSINGS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20172. Time limit for blocking public highway-rail grade crossing ``(a) Time Limit.--A railroad carrier may not cause a blocked crossing incident that is longer than 10 minutes in duration, unless the blocked crossing incident is caused by-- ``(1) a casualty or serious injury; ``(2) an accident; ``(3) a track obstruction; ``(4) actions necessary to comply with Federal rail safety laws, regulations, or orders issued thereunder unless the action to comply could reasonably occur at a different time or location; ``(5) actions necessary to adhere to section 24308; ``(6) a train fully contained within rail yard limits or fully contained in a rail siding; ``(7) an act of God; or ``(8) a derailment or a safety appliance equipment failure that prevents the train from advancing. ``(b) Investigation of Frequently Blocked Crossings.--For any public highway-rail grade crossing that has had 3 or more blocked crossing incidents that exceed the time limit set forth in subsection (a) and are reported to the blocked crossing database, and such incidents have occurred on at least 3 calendar days within a 30-day period, the Secretary shall-- ``(1) provide an electronic notice of the number of reported blocked crossing incidents to the railroad carrier that owns the public highway-rail grade crossing; ``(2) investigate the causes of the blocked crossing incidents; and ``(3) investigate possible measures to reduce the frequency and duration of blocked crossing incidents at such grade crossing. ``(c) Recordkeeping.-- ``(1) In general.--A railroad carrier shall, upon receiving a notice under subsection (b), maintain train location data records for the public highway-rail grade crossing that was the subject of the notice. ``(2) Contents of records.--The train location data records required under paragraph (1) shall include-- ``(A) a list of all blocked crossing incidents at the public highway-rail grade crossing that is the subject of the report exceeding 10 minutes; ``(B) the cause of the blocked crossing incident (to the extent available); ``(C) train length; and ``(D) the estimated duration of each blocked crossing incident. ``(3) Consultation.--Beginning on the date on which a railroad carrier receives a notice under subsection (b), the Secretary may consult with the carrier for a period of 60 days to address concerns with blocked crossing incidents at the public highway-rail grade crossing that is the subject of the notice. ``(4) Expiration of data collection.--The requirement to maintain records under paragraph (1) shall cease with respect to a public highway-rail grade crossing noticed under subsection (b)(2) if there are no reports submitted to the blocked crossing database for blocked crossing incidents reported to occur at such grade crossing during the previous 365 consecutive calendar days. ``(d) Civil Penalties.-- ``(1) In general.--The Secretary may issue civil penalties in accordance with section 21301 to railroad carriers for violations of subsection (a) occurring 60 days after the date of submission of a notice under subsection (b). ``(2) Release of records.--Upon the request of, and under requirements set by, the Secretary, railroad carriers shall provide the records maintained pursuant to subsection (c)(1) to the Administrator of the Federal Railroad Administration. ``(3) Alternate route exemption.--Civil penalties may not be issued for violations of subsection (a) that occur at a public highway-rail grade crossing if an alternate route created by a public highway-rail grade separation exists within a half mile by road mileage of such public highway-rail grade crossing. ``(4) Grade separation project.--Civil penalties may not be issued for violations of subsection (a) if the violation occurs at a public highway-rail grade crossing for which there is a proposed grade separation project-- ``(A) that has received written agreement from the relevant local authorities; and ``(B) for which railroad carrier and project funding from all parties has been budgeted. ``(5) Considerations.--In determining civil penalties under this section, the Secretary shall consider increased penalties in a case in which a pattern of the blocked crossing incidents continue to cause delays to State or local emergency services. ``(e) Application to Amtrak and Commuter Railroads.--This section shall not apply to Amtrak or commuter authorities, including Amtrak and commuter authorities' operations run or dispatched by a Class I railroad. ``(f) Definitions.--In this section: ``(1) Blocked crossing database.--The term `blocked crossing database' means the national blocked crossing database established under section 20174. ``(2) Blocked crossing incident.--The term `blocked crossing incident' means a circumstance in which a train, locomotive, rail car, or other rail equipment is stopped in a manner that obstructs travel at a public highway-rail grade crossing. ``(3) Public highway-rail grade crossing.--The term `public highway-rail grade crossing' means a location within a State in which a public highway, road, or street, including associated sidewalks and pathways, crosses 1 or more railroad tracks at grade.''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new item: ``20172. Time limit for blocking public highway-rail grade crossing.''. SEC. 5. NATIONAL BLOCKED CROSSING DATABASE. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: ``Sec. 20173. National blocked crossing database ``(a) Database.--Not later than 45 days after the date of enactment of this section, the Secretary of Transportation shall establish a national blocked crossings database for the public to report blocked crossing incidents. ``(b) Public Awareness.--Not later than 60 days after the date of enactment of this section, the Secretary shall require each railroad carrier to publish the active link to report blocked crossing incidents on the website of the national blocked crossings database described in subsection (a) on the home page of the publicly available website of the railroad carrier. ``(c) Blocked Crossing Incident; Public Highway-Rail Grade Crossing.--In this section, the terms `blocked crossing incident' and `public highway-rail grade crossing' have the meanings given the terms in section 20173.''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new item: ``20173. National blocked crossing database.''. SEC. 6. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS. Section 20152 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (C) by striking ``or'' at the end; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting the following after subparagraph (C): ``(D) blocked crossing incident, as defined in section 20173; or''; (B) in paragraph (4)-- (i) by striking ``paragraph (1)(C) or (D)'' and inserting ``subparagraph (C), (D), or (E) of paragraph (1)''; and (ii) by striking ``and'' at the end; (C) in paragraph (5) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(6) upon receiving a report of a blocked crossing pursuant to paragraph (1)(D), the railroad carrier shall, within 14 days of receipt of the report-- ``(A) verify that the public highway-rail grade crossing, as defined in section 20173, was blocked for a period of at least 10 minutes; and ``(B) upon positive verification of the report, enter the report into the national blocked crossings database established in section 20174; and ``(7) promptly inform the Secretary of any update to the number maintained under paragraph (1).''; and (2) by adding at the end the following: ``(c) Publication of Telephone Numbers.--The Secretary shall make any telephone number established under subsection (a) publicly available on the website of the Department of Transportation.''. SEC. 7. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall expend such sums as are necessary to conduct a comprehensive review of the national highway-rail crossing inventory of the Department of Transportation established under section 20160 of title 49, United States Code. (b) Contents.--In conducting the review required under subsection (a), the Secretary shall-- (1) verify the accuracy of the geographical location data contained in the inventory described in subsection (a) using mapping technologies and other methods; and (2) notify the relevant railroad and State agencies of the erroneous data in the inventory and require such entities to correct the erroneous data within 30 days of notification. (c) State Reports.--The Secretary shall require State agencies to ensure that any geographic data contained in the inventory described in subsection (a) remains consistent with any geographic data identified in biennial State reports required under section 130 of title 23, United States Code. (d) Report.--Not later than 120 days after the completion of the review required under subsection (a), the Secretary 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 summarizing the corrections made to the inventory described in subsection (a) and the Secretary's plans to ensure continued accuracy of such inventory. SEC. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS. Section 22907 of title 49, United States Code, is further amended by adding at the end the following: ``(n) Railroad Trespassing Enforcement Grants.-- ``(1) In general.--Of the amounts made available under this section, the Secretary may make grants to public law enforcement agencies engaged in, or seeking to engage in, suicide prevention efforts along railroad right-of-way to pay wages of law enforcement personnel to patrol railroad right-of- way located in communities at risk for rail trespassing incidents and fatalities. ``(2) Prioritization.--In awarding grants under this subsection, the Administrator shall give priority to applications from entities that have jurisdiction within the boundaries of the 10 States with the highest incidence of rail trespass related casualties as reported in the previous fiscal year, as reported by the National Rail Accident Incident Reporting System. ``(3) Limitation.--The Secretary shall not award more than 3 annual grants under this subsection to the same entity.''. SEC. 9. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS. Section 22907 of title 49, United States Code, is further amended by adding at the end the following: ``(o) Railroad Trespassing Suicide Grants.-- ``(1) In general.--Of the amounts made available to carry out this section, the Secretary may make grants to eligible entities to implement a public outreach campaign to reduce the number of railroad suicides. ``(2) Eligible entity.--In this subsection, the term `eligible entity' means a nonprofit mental health organization engaged in, or seeking to engage in, suicide prevention efforts along railroad right-of-way in partnership with a railroad carrier, as defined in section 20102.''. SEC. 10. INCLUDING RAILROAD SUICIDES. (a) In General.--Not less than 180 days after the enactment of this Act, the Secretary of Transportation shall revise any regulations, guidance, or other relevant agency documents to include the number of suicides on a railroad crossing or railroad right-of-way in the total number of rail fatalities the Secretary reports each year. (b) Authority of the Secretary.--In carrying out subsection (a), the Secretary may require Federal, State, and local agencies, railroads, or other entities to submit such data as necessary. (c) Applicability of Rulemaking Requirements.--The requirements of section 553 of title 5, United States Code, shall not apply to the modification required by subsection (a). SEC. 11. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES. Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall-- (1) submit to Congress a report on any supplementary safety measures and alternative safety measures not contained in part 222 of title 49, Code of Federal Regulations, that can be used to qualify for a Quiet Zone or Partial Quiet Zone; and (2) include in the report submitted under paragraph (1)-- (A) a summary of the supplementary safety measures and alternative safety measures for which a public authority has requested approval from the Administrator to implement; and (B) an explanation for why such requests were not granted. <all>

Blocked Rail Crossings Safety Improvement Act of 2021

To amend title 49, United States Code, to provide for highway-rail grade crossing separation grants, and for other purposes.

Blocked Rail Crossings Safety Improvement Act of 2021

Rep. Carson, Andre

D

IN

This bill addresses safety and congestion along railroad right-of-way and highway-rail grade crossings. For example, the bill directs the Department of Transportation (DOT) to provide grants to (1) assist state, local, and tribal governments in funding the cost of highway-rail grade crossing separation projects; and (2) help nonprofit organizations carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad right-of-way and at highway-rail grade crossings. Additionally, the bill prohibits railroad carriers from obstructing travel at public highway-rail crossings for more than 10 minutes, except under limited circumstances (e.g., safety issues). Further, DOT must (1) establish a national blocked crossings database for the public to report blocked crossing incidents; (2) conduct a comprehensive review of the national highway-rail crossing inventory; and (3) revise its regulations, guidance, or other relevant agency documents to include the number of suicides on a railroad crossing or railroad right-of-way in the total number of rail fatalities it reports each year.

SHORT TITLE. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS. 22911. ``(3) Project planning, development, and environmental work related to a project described in paragraph (1) or (2). ``(e) Federal Share of Total Project Costs.-- ``(1) Total project costs.--The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities. ``(2) Congressional notification.-- ``(A) In general.--Not later than 3 days before issuing a letter of intent under paragraph (1), the Secretary shall submit written notification to-- ``(i) the Committee on Transportation and Infrastructure of the House of Representatives; ``(ii) the Committee on Appropriations of the House of Representatives; ``(iii) the Committee on Appropriations of the Senate; and ``(iv) the Committee on Commerce, Science, and Transportation of the Senate. ``(h) Appropriations Required.--An obligation or contingent commitment may be made under subsection (g) only after amounts are appropriated for such purpose. ``(3) State.--The term `State' means a State of the United States or the District of Columbia.''. 4. 20172. ``(d) Civil Penalties.-- ``(1) In general.--The Secretary may issue civil penalties in accordance with section 21301 to railroad carriers for violations of subsection (a) occurring 60 days after the date of submission of a notice under subsection (b). ``(2) Release of records.--Upon the request of, and under requirements set by, the Secretary, railroad carriers shall provide the records maintained pursuant to subsection (c)(1) to the Administrator of the Federal Railroad Administration. Time limit for blocking public highway-rail grade crossing.''. 5. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: ``Sec. 20173. National blocked crossing database ``(a) Database.--Not later than 45 days after the date of enactment of this section, the Secretary of Transportation shall establish a national blocked crossings database for the public to report blocked crossing incidents. 6. ''; and (2) by adding at the end the following: ``(c) Publication of Telephone Numbers.--The Secretary shall make any telephone number established under subsection (a) publicly available on the website of the Department of Transportation.''. 7. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS. ``(2) Eligible entity.--In this subsection, the term `eligible entity' means a nonprofit mental health organization engaged in, or seeking to engage in, suicide prevention efforts along railroad right-of-way in partnership with a railroad carrier, as defined in section 20102.''. 10. INCLUDING RAILROAD SUICIDES. (b) Authority of the Secretary.--In carrying out subsection (a), the Secretary may require Federal, State, and local agencies, railroads, or other entities to submit such data as necessary. SEC. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

SHORT TITLE. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS. ``(3) Project planning, development, and environmental work related to a project described in paragraph (1) or (2). ``(e) Federal Share of Total Project Costs.-- ``(1) Total project costs.--The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities. ``(h) Appropriations Required.--An obligation or contingent commitment may be made under subsection (g) only after amounts are appropriated for such purpose. ``(3) State.--The term `State' means a State of the United States or the District of Columbia.''. 4. Time limit for blocking public highway-rail grade crossing.''. 5. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: ``Sec. 20173. National blocked crossing database ``(a) Database.--Not later than 45 days after the date of enactment of this section, the Secretary of Transportation shall establish a national blocked crossings database for the public to report blocked crossing incidents. 6. ''; and (2) by adding at the end the following: ``(c) Publication of Telephone Numbers.--The Secretary shall make any telephone number established under subsection (a) publicly available on the website of the Department of Transportation.''. 7. RAILROAD TRESPASSING ENFORCEMENT GRANTS. ``(2) Eligible entity.--In this subsection, the term `eligible entity' means a nonprofit mental health organization engaged in, or seeking to engage in, suicide prevention efforts along railroad right-of-way in partnership with a railroad carrier, as defined in section 20102.''. 10. INCLUDING RAILROAD SUICIDES. (b) Authority of the Secretary.--In carrying out subsection (a), the Secretary may require Federal, State, and local agencies, railroads, or other entities to submit such data as necessary. SEC. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

SHORT TITLE. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS. 22911. ``(3) Project planning, development, and environmental work related to a project described in paragraph (1) or (2). ``(e) Federal Share of Total Project Costs.-- ``(1) Total project costs.--The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities. ``(2) Congressional notification.-- ``(A) In general.--Not later than 3 days before issuing a letter of intent under paragraph (1), the Secretary shall submit written notification to-- ``(i) the Committee on Transportation and Infrastructure of the House of Representatives; ``(ii) the Committee on Appropriations of the House of Representatives; ``(iii) the Committee on Appropriations of the Senate; and ``(iv) the Committee on Commerce, Science, and Transportation of the Senate. ``(h) Appropriations Required.--An obligation or contingent commitment may be made under subsection (g) only after amounts are appropriated for such purpose. ``(3) State.--The term `State' means a State of the United States or the District of Columbia.''. ``(2) Selection.--Programs eligible for a grant under this subsection-- ``(A) shall include, as appropriate-- ``(i) development, placement, and dissemination of public service announcements in appropriate media; ``(ii) school presentations, driver and pedestrian safety education, materials, and public awareness campaigns; and ``(iii) disseminating information to the public on how to identify and report to the appropriate authorities-- ``(I) unsafe or malfunctioning highway-rail grade crossings and equipment; and ``(II) high-risk and unsafe behavior and trespassing around railroad right-of-way; and ``(B) may include targeted and sustained outreach in communities at greatest risk to develop measures to reduce such risk. 4. 20172. ``(d) Civil Penalties.-- ``(1) In general.--The Secretary may issue civil penalties in accordance with section 21301 to railroad carriers for violations of subsection (a) occurring 60 days after the date of submission of a notice under subsection (b). ``(2) Release of records.--Upon the request of, and under requirements set by, the Secretary, railroad carriers shall provide the records maintained pursuant to subsection (c)(1) to the Administrator of the Federal Railroad Administration. Time limit for blocking public highway-rail grade crossing.''. 5. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: ``Sec. 20173. National blocked crossing database ``(a) Database.--Not later than 45 days after the date of enactment of this section, the Secretary of Transportation shall establish a national blocked crossings database for the public to report blocked crossing incidents. 6. ''; and (2) by adding at the end the following: ``(c) Publication of Telephone Numbers.--The Secretary shall make any telephone number established under subsection (a) publicly available on the website of the Department of Transportation.''. 7. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS. ``(2) Prioritization.--In awarding grants under this subsection, the Administrator shall give priority to applications from entities that have jurisdiction within the boundaries of the 10 States with the highest incidence of rail trespass related casualties as reported in the previous fiscal year, as reported by the National Rail Accident Incident Reporting System. ``(2) Eligible entity.--In this subsection, the term `eligible entity' means a nonprofit mental health organization engaged in, or seeking to engage in, suicide prevention efforts along railroad right-of-way in partnership with a railroad carrier, as defined in section 20102.''. 10. INCLUDING RAILROAD SUICIDES. (b) Authority of the Secretary.--In carrying out subsection (a), the Secretary may require Federal, State, and local agencies, railroads, or other entities to submit such data as necessary. SEC. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

SHORT TITLE. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS. 22911. ``(3) Project planning, development, and environmental work related to a project described in paragraph (1) or (2). ``(d) Project Selection Criteria.--In awarding grants under this section, the Secretary-- ``(1) shall give priority to projects that maximize the safety benefits of Federal funding; and ``(2) may evaluate applications on the safety profile of the existing crossing, 10-year history of accidents at such crossing, inclusion of the proposed project on a State highway- rail grade crossing action plan, average daily vehicle traffic, total number of trains per day, average daily number of crossing closures, the challenges of grade crossings located near international borders, proximity to established emergency evacuation routes, and proximity of community resources, including schools, hospitals, fire stations, police stations, and emergency medical service facilities. ``(e) Federal Share of Total Project Costs.-- ``(1) Total project costs.--The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities. ``(2) Congressional notification.-- ``(A) In general.--Not later than 3 days before issuing a letter of intent under paragraph (1), the Secretary shall submit written notification to-- ``(i) the Committee on Transportation and Infrastructure of the House of Representatives; ``(ii) the Committee on Appropriations of the House of Representatives; ``(iii) the Committee on Appropriations of the Senate; and ``(iv) the Committee on Commerce, Science, and Transportation of the Senate. ``(B) Contents.--The notification submitted under subparagraph (A) shall include-- ``(i) a copy of the letter of intent; ``(ii) the criteria used under subsection (d) for selecting the project for a grant; and ``(iii) a description of how the project meets such criteria. ``(h) Appropriations Required.--An obligation or contingent commitment may be made under subsection (g) only after amounts are appropriated for such purpose. ``(2) Metropolitan planning organization.--The term `metropolitan planning organization' has the meaning given such term in section 134(b) of title 23. ``(3) State.--The term `State' means a State of the United States or the District of Columbia.''. ``(2) Selection.--Programs eligible for a grant under this subsection-- ``(A) shall include, as appropriate-- ``(i) development, placement, and dissemination of public service announcements in appropriate media; ``(ii) school presentations, driver and pedestrian safety education, materials, and public awareness campaigns; and ``(iii) disseminating information to the public on how to identify and report to the appropriate authorities-- ``(I) unsafe or malfunctioning highway-rail grade crossings and equipment; and ``(II) high-risk and unsafe behavior and trespassing around railroad right-of-way; and ``(B) may include targeted and sustained outreach in communities at greatest risk to develop measures to reduce such risk. 22501 note) and the report titled `National Strategy to Prevent Trespassing on Railroad Property' issued by the Federal Railroad Administration in October 2018. ``(5) Applicability.--Section 22905 shall not apply to contracts and agreements made under this subsection.''. 4. 20172. Time limit for blocking public highway-rail grade crossing ``(a) Time Limit.--A railroad carrier may not cause a blocked crossing incident that is longer than 10 minutes in duration, unless the blocked crossing incident is caused by-- ``(1) a casualty or serious injury; ``(2) an accident; ``(3) a track obstruction; ``(4) actions necessary to comply with Federal rail safety laws, regulations, or orders issued thereunder unless the action to comply could reasonably occur at a different time or location; ``(5) actions necessary to adhere to section 24308; ``(6) a train fully contained within rail yard limits or fully contained in a rail siding; ``(7) an act of God; or ``(8) a derailment or a safety appliance equipment failure that prevents the train from advancing. ``(d) Civil Penalties.-- ``(1) In general.--The Secretary may issue civil penalties in accordance with section 21301 to railroad carriers for violations of subsection (a) occurring 60 days after the date of submission of a notice under subsection (b). ``(2) Release of records.--Upon the request of, and under requirements set by, the Secretary, railroad carriers shall provide the records maintained pursuant to subsection (c)(1) to the Administrator of the Federal Railroad Administration. ``(e) Application to Amtrak and Commuter Railroads.--This section shall not apply to Amtrak or commuter authorities, including Amtrak and commuter authorities' operations run or dispatched by a Class I railroad. Time limit for blocking public highway-rail grade crossing.''. 5. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: ``Sec. 20173. National blocked crossing database ``(a) Database.--Not later than 45 days after the date of enactment of this section, the Secretary of Transportation shall establish a national blocked crossings database for the public to report blocked crossing incidents. 6. ''; and (2) by adding at the end the following: ``(c) Publication of Telephone Numbers.--The Secretary shall make any telephone number established under subsection (a) publicly available on the website of the Department of Transportation.''. 7. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS. ``(2) Prioritization.--In awarding grants under this subsection, the Administrator shall give priority to applications from entities that have jurisdiction within the boundaries of the 10 States with the highest incidence of rail trespass related casualties as reported in the previous fiscal year, as reported by the National Rail Accident Incident Reporting System. 9. ``(2) Eligible entity.--In this subsection, the term `eligible entity' means a nonprofit mental health organization engaged in, or seeking to engage in, suicide prevention efforts along railroad right-of-way in partnership with a railroad carrier, as defined in section 20102.''. 10. INCLUDING RAILROAD SUICIDES. (b) Authority of the Secretary.--In carrying out subsection (a), the Secretary may require Federal, State, and local agencies, railroads, or other entities to submit such data as necessary. SEC. 11. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

H.R.87

Crime and Law Enforcement

Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021 or the JUSTICE Act of 2021 This bill broadens the prohibition on importation or transportation of obscene materials. Specifically, the bill makes it a crime to import, or knowingly use a common carrier or interactive computer service to transport, a child sex doll.

To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021'' or the ``JUSTICE Act of 2021''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is a correlation between possession of the obscene dolls, and robots, and possession of and participation in child pornography. (2) The physical features, and potentially the ``personalities'' of the robots are customizable or morphable and can resemble actual children. (3) Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family. (4) The robots can have settings that simulate rape. (5) The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. (6) For users and children exposed to their use, the dolls and robots normalize submissiveness and normalize sex between adults and minors. (7) As the Supreme Court has recognized, obscene material is often used as part of a method of seducing child victims. (8) The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX DOLLS. Section 1462 of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``or'' at the end; (2) in paragraph (b), by striking ``or'' at the end; (3) by inserting after paragraph (c) the following: ``(d) any child sex doll; or''; and (4) by adding at the end the following: ``In this section, the term `child sex doll' means an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts.''. <all>

JUSTICE Act of 2021

To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes.

JUSTICE Act of 2021 Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021

Rep. Duncan, Jeff

R

SC

This bill broadens the prohibition on importation or transportation of obscene materials. Specifically, the bill makes it a crime to import, or knowingly use a common carrier or interactive computer service to transport, a child sex doll.

To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021'' or the ``JUSTICE Act of 2021''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is a correlation between possession of the obscene dolls, and robots, and possession of and participation in child pornography. (2) The physical features, and potentially the ``personalities'' of the robots are customizable or morphable and can resemble actual children. (3) Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family. (4) The robots can have settings that simulate rape. (5) The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. (6) For users and children exposed to their use, the dolls and robots normalize submissiveness and normalize sex between adults and minors. (7) As the Supreme Court has recognized, obscene material is often used as part of a method of seducing child victims. (8) The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX DOLLS. Section 1462 of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``or'' at the end; (2) in paragraph (b), by striking ``or'' at the end; (3) by inserting after paragraph (c) the following: ``(d) any child sex doll; or''; and (4) by adding at the end the following: ``In this section, the term `child sex doll' means an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts.''. <all>

To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021'' or the ``JUSTICE Act of 2021''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is a correlation between possession of the obscene dolls, and robots, and possession of and participation in child pornography. (2) The physical features, and potentially the ``personalities'' of the robots are customizable or morphable and can resemble actual children. (3) Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family. (4) The robots can have settings that simulate rape. (5) The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. (6) For users and children exposed to their use, the dolls and robots normalize submissiveness and normalize sex between adults and minors. (7) As the Supreme Court has recognized, obscene material is often used as part of a method of seducing child victims. (8) The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX DOLLS. Section 1462 of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``or'' at the end; (2) in paragraph (b), by striking ``or'' at the end; (3) by inserting after paragraph (c) the following: ``(d) any child sex doll; or''; and (4) by adding at the end the following: ``In this section, the term `child sex doll' means an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts.''. <all>

To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021'' or the ``JUSTICE Act of 2021''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is a correlation between possession of the obscene dolls, and robots, and possession of and participation in child pornography. (2) The physical features, and potentially the ``personalities'' of the robots are customizable or morphable and can resemble actual children. (3) Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family. (4) The robots can have settings that simulate rape. (5) The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. (6) For users and children exposed to their use, the dolls and robots normalize submissiveness and normalize sex between adults and minors. (7) As the Supreme Court has recognized, obscene material is often used as part of a method of seducing child victims. (8) The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX DOLLS. Section 1462 of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``or'' at the end; (2) in paragraph (b), by striking ``or'' at the end; (3) by inserting after paragraph (c) the following: ``(d) any child sex doll; or''; and (4) by adding at the end the following: ``In this section, the term `child sex doll' means an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts.''. <all>

To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021'' or the ``JUSTICE Act of 2021''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is a correlation between possession of the obscene dolls, and robots, and possession of and participation in child pornography. (2) The physical features, and potentially the ``personalities'' of the robots are customizable or morphable and can resemble actual children. (3) Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family. (4) The robots can have settings that simulate rape. (5) The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. (6) For users and children exposed to their use, the dolls and robots normalize submissiveness and normalize sex between adults and minors. (7) As the Supreme Court has recognized, obscene material is often used as part of a method of seducing child victims. (8) The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX DOLLS. Section 1462 of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``or'' at the end; (2) in paragraph (b), by striking ``or'' at the end; (3) by inserting after paragraph (c) the following: ``(d) any child sex doll; or''; and (4) by adding at the end the following: ``In this section, the term `child sex doll' means an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts.''. <all>

S.3807

Transportation and Public Works

Stopping Hindrances to Invigorate Ports and Increase Trade Act or the SHIP IT Act This bill temporarily waives various requirements and makes other changes to address congestion at U.S. ports. For example, the Federal Motor Carrier Safety Administration must waive the hours of service limits (i.e., the number of hours a driver may operate a truck or motor carrier in a set period of time) and minimum age requirements that apply to commercial driver's licenses for individuals transporting cargo directly to or from a U.S. port. Additionally, the Coast Guard may temporarily allow foreign-built, -owned, and -crewed vessels to transport cargo between U.S. ports and engage in certain ship-to-ship transfers of cargo. Current coastwise law, commonly known as the Jones Act, generally requires that vessels transporting cargo domestically be U.S.-built, -owned, and -crewed. The Department of Defense must (1) inventory its intermodal equipment (e.g., trailers and chassis used to transport shipping containers) to identify equipment available for loan to trucking companies to relieve congestion at U.S. ports, and (2) establish a process to allow trucking companies to request the loan of such equipment. The Maritime Administration and the Federal Maritime Commission must jointly convene a meeting to discuss the long-term feasibility of, and strategies for, using land or property under the jurisdiction of U.S. inland ports for the storage and transfer of cargo containers. The Government Accountability Office must submit to Congress a report describing the adoption of technology at U.S. ports as compared to foreign ports.

To address the supply chain backlog in the freight network at United States ports, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Hindrances to Invigorate Ports and Increase Trade Act'' or the ``SHIP IT Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the unprecedented supply chain backlog in the freight network of the United States is a national crisis that warrants congressional authorization of short-term Federal emergency actions to ameliorate that crisis. SEC. 3. ADDRESSING SUPPLY CHAIN CRISIS IN UNITED STATES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier.--The terms ``commercial motor vehicle'', ``driver'', and ``motor carrier'' have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (3) Direct assistance to a united states port.-- (A) 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) Exclusions.--The term ``direct assistance to a United States port'' does not include-- (i) 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; (ii) 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 (iii) 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. (4) Qualified applicant.--The term ``qualified applicant'' means a person that-- (A) submits to the appropriate official an application for a waiver under this section; and (B) in the determination of that official, is eligible, in accordance with this section, to receive the waiver. (5) Temporary waiver.--The term ``temporary waiver'' means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (b) FMCSA Temporary Waivers.-- (1) Temporary waiver of certain requirements.-- (A) In general.--Not later than 7 days after the date of enactment of this Act, the Administrator shall issue to each qualified applicant a temporary waiver that, subject to paragraph (3), waives the requirements of parts 390 through 399 of title 49, Code of Federal Regulations (or successor regulations), with respect to commercial motor vehicle operations that are providing direct assistance to a United States port. (B) Eligibility.--An applicant is eligible for a temporary waiver under subparagraph (A) if the applicant is a motor carrier or driver that provides direct assistance to a United States port. (2) Temporary waiver of minimum age requirement.-- (A) In general.--Not later than 2 days after the date of enactment of this Act, the Administrator shall issue to each qualified applicant a temporary waiver from the requirement of section 391.11(b)(1) of title 49, Code of Federal Regulations (or a successor regulation), for drivers that are at least 18 years old, subject to paragraph (3). (B) Eligibility.--An applicant is eligible for a temporary waiver under subparagraph (A) if the applicant-- (i) is providing direct assistance to a United States port; or (ii) is directly assuming the commercial motor vehicle operations of a driver who has been rerouted to a United States port to provide direct assistance to a United States port. (3) Requirements.--A temporary waiver under paragraph (1) or (2) shall not exempt any motor carrier or driver from-- (A) the hazardous materials regulations described in subchapters A through C of chapter I of subtitle B of title 49, Code of Federal Regulations (or successor regulations); (B) the controlled substances and alcohol use and testing requirements described in part 382 of that title (or successor regulations); (C) except as provided in paragraph (2), the commercial driver's license requirements described in part 383 of that title (or successor regulations); (D) the financial responsibility (including insurance) requirements described in part 387 of that title (or successor regulations); (E) the requirement that every commercial motor vehicle shall be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which the commercial motor vehicle is being operated, including any applicable speed limits and other traffic restrictions, as described in the first sentence of section 392.2 of that title (or a successor regulation); (F) the prohibition against operating a commercial motor vehicle while the ability of the driver is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the commercial motor vehicle, as described in section 392.3 of that title (or a successor regulation); (G) the prohibition against texting while driving described in section 392.80 of that title (or a successor regulation); (H) the prohibition against using a hand-held mobile telephone while driving described in section 392.82 of that title (or a successor regulation); or (I) any applicable size or weight requirement. (4) Driver fatigue and safety.-- (A) In general.--A motor carrier receiving a temporary waiver under paragraph (1) or (2) shall not allow or require a fatigued driver to operate a commercial motor vehicle. (B) Requirement.--For the period during which a temporary waiver under paragraph (1) or (2) is in effect, a motor carrier described in subparagraph (A) that receives from a driver notification that the driver is in need of immediate rest shall immediately provide the driver with not less than 10 consecutive hours of off-duty time before the driver is required to return to service. (c) 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, including commercial drivers operating under a temporary waiver issued under subsection (b)(2), 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. (d) Temporary Waiver of Jones Act Requirements for Certain Vessels Transporting Cargo.-- (1) Authority.-- (A) Certificate of coastwise endorsement.-- Notwithstanding section 12112 of title 46, United States Code, and any other requirement under chapter 121 of that title, the Secretary of the department in which the Coast Guard is operating (referred to in this subsection as the ``Secretary'') may issue a certificate of documentation with a coastwise endorsement under that chapter in accordance with this subsection for a vessel, without regard to whether the vessel meets the requirements of section 12112 of that title, in any case in which the person requesting the certificate reasonably demonstrates the endorsement (or the resulting exemption under subparagraph (B)) is for the purpose of-- (i) transporting cargo from a United States port to another United States port in order to relieve any congestion, backlog, or delay at such a port; or (ii) engaging in operations that entail a ship-to-ship transfer of cargo from a vessel anchored or located off the coast of the United States to another vessel that transports the cargo to a United States port (commonly known as ``lightering operations''). (B) Exemption of additional requirements.-- Notwithstanding section 55102 of title 46, United States Code, during the period beginning on the date of enactment of this Act and ending on the expiration date described in paragraph (3), that section shall not apply to any vessel that has been issued a certificate of documentation with a coastwise endorsement under subparagraph (A). (2) Timing.-- (A) In general.--Not later than 48 hours after receiving a request for a certificate of documentation with a coastwise endorsement under paragraph (1)(A), the Secretary shall, as applicable-- (i) issue the certificate with the endorsement; or (ii)(I) provide to the person requesting the certificate a detailed description of the reasons for denying the certificate; and (II) publish the denial and description of reasons on the website of the department in which the Coast Guard is operating. (B) Automatic issuance.--In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A). (3) Expiration.--The authority under this subsection, including any certificate of coastwise endorsement authorized under this section, shall expire on the date that is 1 year after the date of enactment of this Act. (e) Container Overflow Storage.-- (1) In general.--Not later than 14 days after the date of enactment of this Act, the Secretary of Agriculture, the Secretary of Defense, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services shall jointly consult with representatives of ocean carriers, ports, railroads, and trucking companies-- (A) to identify plots of Federal land under the jurisdiction of the Secretary of Agriculture, the Secretary of Defense, the Secretary of the Interior, the Secretary of Transportation, or the Administrator of General Services that-- (i) are located within a 150 air-mile radius of a United States port; and (ii) could temporarily be used as an overflow area for the storage and transfer of empty cargo containers in order to ease the congestion and backlog at United States ports; and (B) to designate not fewer than 2 plots of Federal land identified under subparagraph (A) for the use described in clause (ii) of that subparagraph, subject to the conditions that-- (i) each specific plot so designated shall be not more than 500 acres; (ii) the stacking of containers shall be permitted at each specific plot so designated for a period of not more than 1 year beginning on the date on which the designation of the plot is published in the Federal Register under paragraph (2); and (iii) containers shall not be stacked more than 6 high at any plot so designated. (2) Publication in federal register.--Each designation of a plot of Federal land under paragraph (1)(B) shall be published in the Federal Register. (3) Categorical exclusion.--The designation of a plot of Federal land under paragraph (1)(B) shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the condition that, prior to the designation of the plot, the applicable official described in paragraph (1)(A) having jurisdiction over the plot shall-- (A) carefully consider the circumstances of the designation; and (B) determine that no extraordinary circumstances warranting the preparation of an environmental assessment or an environmental impact statement exist. (4) Treatment.--A plot of Federal land designated under paragraph (1)(B) shall not, based on that designation, be considered to be a facility (as defined in section 70101 of title 46, United States Code) or a security zone (as defined in section 70131 of that title) for purposes of-- (A) chapter 701 of subtitle VII of that title; or (B) the Maritime Transportation Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and the amendments made by that Act. (f) Loan of DOD Intermodal Equipment.-- (1) Definitions.--In this subsection: (A) Intermodal equipment.--The term ``intermodal equipment'' has the meaning given the term in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (B) Secretary.--The term ``Secretary'' means the Secretary of Defense. (2) Inventory of intermodal equipment.--Not later than 14 days after the date of enactment of this Act, the Secretary shall conduct an inventory of intermodal equipment that-- (A) is owned by the Department of Defense; (B) is located within the United States; and (C) could be made available for loan to 1 or more trucking companies for the purposes of easing congestion at United States ports. (3) Loan of intermodal equipment.-- (A) Process.--Not later than 7 days after the date on which the inventory under paragraph (2) is complete, the Secretary shall create a process for a trucking company to submit to the Secretary an application requesting the use of intermodal equipment identified in the inventory. (B) Conditions.--A loan of intermodal equipment under this subsection shall be subject to the conditions that-- (i) the borrowing trucking company shall agree to reimburse the Secretary for any damage caused to the intermodal equipment during the period of the loan; (ii) the use of the intermodal equipment by the trucking company shall be for a period not longer than 180 days; and (iii) the use of intermodal equipment by the borrowing trucking company shall not affect the national security of the United States. (C) Fees.-- (i) In general.--Subject to clauses (ii) and (iii), the Secretary may charge a reasonable fee for a loan of intermodal equipment under this subsection. (ii) Consultation.--The Secretary may charge a fee under clause (i) if the Secretary-- (I) consults with the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services; and (II) determines that charging a fee would be appropriate. (iii) Amount.--The amount of a fee under clause (i) shall be based on the market rate for similar loans or rentals of intermodal equipment or similar equipment as of January 1, 2020. (iv) Deposit and use.--Any fee collected by the Secretary under clause (i) shall be-- (I) deposited in the general fund of the Treasury; and (II) made available to the Secretary, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services for remediation of any Federal land designated under subsection (e)(1)(B). (v) Restrictions.--A fee collected under clause (i) may not be used-- (I) until the designation of the applicable plot of Federal land under subsection (e)(1)(B) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e)(1)(B). (4) Recall of intermodal equipment.--To protect the national security of the United States, the Secretary may recall any intermodal equipment loaned to a trucking company under this subsection by issuing to the trucking company a notice not later than 72 hours before the time at which the intermodal equipment is required to be returned to the Secretary. SEC. 4. DUTY-FREE TREATMENT OF CHASSIS IMPORTED FROM COUNTRIES WITH COLLECTIVE DEFENSE ARRANGEMENTS WITH UNITED STATES. During the 2-year period beginning on the date of enactment of this Act, a finished or unfinished chassis classified under statistical reporting number 8716.39.0090, 8716.90.5010, or 8716.90.5060 of the Harmonized Tariff Schedule of the United States and imported from a country with which the United States has in effect a collective defense arrangement as of such date of enactment shall enter the United States free of duty. SEC. 5. USE OF UNITED STATES INLAND PORTS FOR STORAGE AND TRANSFER OF CARGO. (a) Meeting.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, acting jointly, shall convene a meeting of representatives of entities described in subsection (b) to discuss the long-term feasibility of, and strategies for, using land or property under the jurisdiction of United States inland ports for the storage and transfer of cargo containers. (b) Description of Entities.--The entities referred to in subsection (a) are-- (1) major gateway ports in the United States; (2) ocean carriers; (3) railroads; (4) trucking companies; and (5) United States inland port authorities. SEC. 6. 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, including the use of automated technology, as compared to foreign ports; (2) an assessment of whether the adoption of automated technology at United States ports could lower the costs of cargo handling; and (3) an assessment of regulatory and other barriers to the adoption of automated technology at United States ports. SEC. 7. ALLIED PARTNERSHIP AND PORT MODERNIZATION. (a) Dredging.--Section 55109 of title 46, United States Code, is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ``(c) Dredging by NATO-Affiliated Vessels.-- ``(1) In general.--A vessel described in paragraph (2) may engage in dredging in the navigable waters of the United States. ``(2) Description of vessels.--A vessel referred to in paragraph (1) is a vessel-- ``(A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; ``(B) built by-- ``(i) a country that is a member of the North Atlantic Treaty Organization; or ``(ii) a major non-NATO ally (as defined in section 2350a(i) of title 10); and ``(C) a majority of the owners and operators of which are entities incorporated in a country that is a member of the North Atlantic Treaty Organization.''. (b) Excluding Dredged Material From Transportation Requirements.-- (1) In general.--Section 55110 of title 46, United States Code, is amended-- (A) in the section heading, by striking ``or dredged material'' and inserting ``(excluding dredged material)''; and (B) by striking ``or dredged material'' and inserting ``(excluding dredged material)''. (2) Conforming amendment.--The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: ``55110. Transportation of valueless material (excluding dredged material).''. <all>

SHIP IT Act

A bill to address the supply chain backlog in the freight network at United States ports, and for other purposes.

SHIP IT Act Stopping Hindrances to Invigorate Ports and Increase Trade Act

Sen. Lee, Mike

R

UT

This bill temporarily waives various requirements and makes other changes to address congestion at U.S. ports. For example, the Federal Motor Carrier Safety Administration must waive the hours of service limits (i.e., the number of hours a driver may operate a truck or motor carrier in a set period of time) and minimum age requirements that apply to commercial driver's licenses for individuals transporting cargo directly to or from a U.S. port. Additionally, the Coast Guard may temporarily allow foreign-built, -owned, and -crewed vessels to transport cargo between U.S. ports and engage in certain ship-to-ship transfers of cargo. Current coastwise law, commonly known as the Jones Act, generally requires that vessels transporting cargo domestically be U.S.-built, -owned, and -crewed. The Department of Defense must (1) inventory its intermodal equipment (e.g., trailers and chassis used to transport shipping containers) to identify equipment available for loan to trucking companies to relieve congestion at U.S. ports, and (2) establish a process to allow trucking companies to request the loan of such equipment. The Maritime Administration and the Federal Maritime Commission must jointly convene a meeting to discuss the long-term feasibility of, and strategies for, using land or property under the jurisdiction of U.S. inland ports for the storage and transfer of cargo containers. The Government Accountability Office must submit to Congress a report describing the adoption of technology at U.S. ports as compared to foreign ports.

SHORT TITLE. 2. SENSE OF CONGRESS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier.--The terms ``commercial motor vehicle'', ``driver'', and ``motor carrier'' have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (3) Direct assistance to a united states port.-- (A) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. (5) Temporary waiver.--The term ``temporary waiver'' means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (B) Automatic issuance.--In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A). (B) Secretary.--The term ``Secretary'' means the Secretary of Defense. (B) Conditions.--A loan of intermodal equipment under this subsection shall be subject to the conditions that-- (i) the borrowing trucking company shall agree to reimburse the Secretary for any damage caused to the intermodal equipment during the period of the loan; (ii) the use of the intermodal equipment by the trucking company shall be for a period not longer than 180 days; and (iii) the use of intermodal equipment by the borrowing trucking company shall not affect the national security of the United States. (v) Restrictions.--A fee collected under clause (i) may not be used-- (I) until the designation of the applicable plot of Federal land under subsection (e)(1)(B) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e)(1)(B). 4. SEC. 7. Transportation of valueless material (excluding dredged material).''.

SHORT TITLE. 2. SENSE OF CONGRESS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier.--The terms ``commercial motor vehicle'', ``driver'', and ``motor carrier'' have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (3) Direct assistance to a united states port.-- (A) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. (5) Temporary waiver.--The term ``temporary waiver'' means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (B) Automatic issuance.--In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A). (B) Secretary.--The term ``Secretary'' means the Secretary of Defense. (B) Conditions.--A loan of intermodal equipment under this subsection shall be subject to the conditions that-- (i) the borrowing trucking company shall agree to reimburse the Secretary for any damage caused to the intermodal equipment during the period of the loan; (ii) the use of the intermodal equipment by the trucking company shall be for a period not longer than 180 days; and (iii) the use of intermodal equipment by the borrowing trucking company shall not affect the national security of the United States. (v) Restrictions.--A fee collected under clause (i) may not be used-- (I) until the designation of the applicable plot of Federal land under subsection (e)(1)(B) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e)(1)(B). 4. SEC. 7. Transportation of valueless material (excluding dredged material).''.

SHORT TITLE. 2. SENSE OF CONGRESS. ADDRESSING SUPPLY CHAIN CRISIS IN UNITED STATES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier.--The terms ``commercial motor vehicle'', ``driver'', and ``motor carrier'' have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (3) Direct assistance to a united states port.-- (A) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. (4) Qualified applicant.--The term ``qualified applicant'' means a person that-- (A) submits to the appropriate official an application for a waiver under this section; and (B) in the determination of that official, is eligible, in accordance with this section, to receive the waiver. (5) Temporary waiver.--The term ``temporary waiver'' means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (3) Requirements.--A temporary waiver under paragraph (1) or (2) shall not exempt any motor carrier or driver from-- (A) the hazardous materials regulations described in subchapters A through C of chapter I of subtitle B of title 49, Code of Federal Regulations (or successor regulations); (B) the controlled substances and alcohol use and testing requirements described in part 382 of that title (or successor regulations); (C) except as provided in paragraph (2), the commercial driver's license requirements described in part 383 of that title (or successor regulations); (D) the financial responsibility (including insurance) requirements described in part 387 of that title (or successor regulations); (E) the requirement that every commercial motor vehicle shall be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which the commercial motor vehicle is being operated, including any applicable speed limits and other traffic restrictions, as described in the first sentence of section 392.2 of that title (or a successor regulation); (F) the prohibition against operating a commercial motor vehicle while the ability of the driver is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the commercial motor vehicle, as described in section 392.3 of that title (or a successor regulation); (G) the prohibition against texting while driving described in section 392.80 of that title (or a successor regulation); (H) the prohibition against using a hand-held mobile telephone while driving described in section 392.82 of that title (or a successor regulation); or (I) any applicable size or weight requirement. (B) Automatic issuance.--In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A). (B) Secretary.--The term ``Secretary'' means the Secretary of Defense. (B) Conditions.--A loan of intermodal equipment under this subsection shall be subject to the conditions that-- (i) the borrowing trucking company shall agree to reimburse the Secretary for any damage caused to the intermodal equipment during the period of the loan; (ii) the use of the intermodal equipment by the trucking company shall be for a period not longer than 180 days; and (iii) the use of intermodal equipment by the borrowing trucking company shall not affect the national security of the United States. (v) Restrictions.--A fee collected under clause (i) may not be used-- (I) until the designation of the applicable plot of Federal land under subsection (e)(1)(B) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e)(1)(B). 4. 6. REPORT ON ADOPTION OF TECHNOLOGY AT UNITED STATES PORTS. SEC. 7. ``(2) Description of vessels.--A vessel referred to in paragraph (1) is a vessel-- ``(A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; ``(B) built by-- ``(i) a country that is a member of the North Atlantic Treaty Organization; or ``(ii) a major non-NATO ally (as defined in section 2350a(i) of title 10); and ``(C) a majority of the owners and operators of which are entities incorporated in a country that is a member of the North Atlantic Treaty Organization.''. Transportation of valueless material (excluding dredged material).''.

To address the supply chain backlog in the freight network at United States ports, and for other purposes. SHORT TITLE. 2. SENSE OF CONGRESS. ADDRESSING SUPPLY CHAIN CRISIS IN UNITED STATES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Motor Carrier Safety Administration. (2) Commercial motor vehicle; driver; motor carrier.--The terms ``commercial motor vehicle'', ``driver'', and ``motor carrier'' have the meanings given those terms in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation). (3) Direct assistance to a united states port.-- (A) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. (4) Qualified applicant.--The term ``qualified applicant'' means a person that-- (A) submits to the appropriate official an application for a waiver under this section; and (B) in the determination of that official, is eligible, in accordance with this section, to receive the waiver. (5) Temporary waiver.--The term ``temporary waiver'' means a waiver that expires on the date that is 1 year after the date of enactment of this Act. (3) Requirements.--A temporary waiver under paragraph (1) or (2) shall not exempt any motor carrier or driver from-- (A) the hazardous materials regulations described in subchapters A through C of chapter I of subtitle B of title 49, Code of Federal Regulations (or successor regulations); (B) the controlled substances and alcohol use and testing requirements described in part 382 of that title (or successor regulations); (C) except as provided in paragraph (2), the commercial driver's license requirements described in part 383 of that title (or successor regulations); (D) the financial responsibility (including insurance) requirements described in part 387 of that title (or successor regulations); (E) the requirement that every commercial motor vehicle shall be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which the commercial motor vehicle is being operated, including any applicable speed limits and other traffic restrictions, as described in the first sentence of section 392.2 of that title (or a successor regulation); (F) the prohibition against operating a commercial motor vehicle while the ability of the driver is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the commercial motor vehicle, as described in section 392.3 of that title (or a successor regulation); (G) the prohibition against texting while driving described in section 392.80 of that title (or a successor regulation); (H) the prohibition against using a hand-held mobile telephone while driving described in section 392.82 of that title (or a successor regulation); or (I) any applicable size or weight requirement. (c) 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, including commercial drivers operating under a temporary waiver issued under subsection (b)(2), 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. (2) Timing.-- (A) In general.--Not later than 48 hours after receiving a request for a certificate of documentation with a coastwise endorsement under paragraph (1)(A), the Secretary shall, as applicable-- (i) issue the certificate with the endorsement; or (ii)(I) provide to the person requesting the certificate a detailed description of the reasons for denying the certificate; and (II) publish the denial and description of reasons on the website of the department in which the Coast Guard is operating. (B) Automatic issuance.--In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A). 4321 et seq. 2064) and the amendments made by that Act. (B) Secretary.--The term ``Secretary'' means the Secretary of Defense. (B) Conditions.--A loan of intermodal equipment under this subsection shall be subject to the conditions that-- (i) the borrowing trucking company shall agree to reimburse the Secretary for any damage caused to the intermodal equipment during the period of the loan; (ii) the use of the intermodal equipment by the trucking company shall be for a period not longer than 180 days; and (iii) the use of intermodal equipment by the borrowing trucking company shall not affect the national security of the United States. (v) Restrictions.--A fee collected under clause (i) may not be used-- (I) until the designation of the applicable plot of Federal land under subsection (e)(1)(B) has expired; or (II) for any purpose other than the remediation of land designated under subsection (e)(1)(B). 4. DUTY-FREE TREATMENT OF CHASSIS IMPORTED FROM COUNTRIES WITH COLLECTIVE DEFENSE ARRANGEMENTS WITH UNITED STATES. USE OF UNITED STATES INLAND PORTS FOR STORAGE AND TRANSFER OF CARGO. 6. REPORT ON ADOPTION OF TECHNOLOGY AT UNITED STATES PORTS. SEC. 7. ``(2) Description of vessels.--A vessel referred to in paragraph (1) is a vessel-- ``(A) documented under the laws of a country that is a member of the North Atlantic Treaty Organization; ``(B) built by-- ``(i) a country that is a member of the North Atlantic Treaty Organization; or ``(ii) a major non-NATO ally (as defined in section 2350a(i) of title 10); and ``(C) a majority of the owners and operators of which are entities incorporated in a country that is a member of the North Atlantic Treaty Organization.''. (2) Conforming amendment.--The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following: ``55110. Transportation of valueless material (excluding dredged material).''.

H.R.9334

Science, Technology, Communications

Quantum in Practice Act This bill expands the National Quantum Initiative to specifically include quantum modeling and simulation.

To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quantum in Practice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Quantum computing has the potential to spur advancements in molecular modeling and simulation that will benefit Americans. (2) Quantum molecular simulations and modeling will enable scientists to study chemical elements and reactions with accuracy and speed that is far beyond the abilities of existing supercomputers. (3) Advances in molecular simulations and modeling would give researchers tools that could lead to breakthroughs across industries and sectors, including-- (A) modeling the nitrogen fixation process utilized by bacteria, which could be used to develop synthetic fertilizers without the high energy and material costs of current methods, creating the next generation of fertilizers; (B) creating more effective medications and reducing harmful interactions or side effects; (C) developing new materials to increase energy storage capacity and create more powerful battery technologies; (D) developing lighter, stronger metals; (E) creating materials for more durable protective gear for law enforcement and military; and (F) developing new types of superconductors. SEC. 3. QUANTUM MODELING AND SIMULATION. (a) Definition of Quantum Information Science.--Section 2(6) of the National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by inserting ``modeling, simulation,'' after ``computing''. (b) Quantum Information Science Research Program.--Section 401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended-- (1) in subparagraph (F), by striking ``and''; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(H) quantum molecular modeling or simulation;''. <all>

Quantum in Practice Act

To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes.

Quantum in Practice Act

Rep. Feenstra, Randy

R

IA

This bill expands the National Quantum Initiative to specifically include quantum modeling and simulation.

To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quantum in Practice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Quantum computing has the potential to spur advancements in molecular modeling and simulation that will benefit Americans. (2) Quantum molecular simulations and modeling will enable scientists to study chemical elements and reactions with accuracy and speed that is far beyond the abilities of existing supercomputers. (3) Advances in molecular simulations and modeling would give researchers tools that could lead to breakthroughs across industries and sectors, including-- (A) modeling the nitrogen fixation process utilized by bacteria, which could be used to develop synthetic fertilizers without the high energy and material costs of current methods, creating the next generation of fertilizers; (B) creating more effective medications and reducing harmful interactions or side effects; (C) developing new materials to increase energy storage capacity and create more powerful battery technologies; (D) developing lighter, stronger metals; (E) creating materials for more durable protective gear for law enforcement and military; and (F) developing new types of superconductors. SEC. 3. QUANTUM MODELING AND SIMULATION. (a) Definition of Quantum Information Science.--Section 2(6) of the National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by inserting ``modeling, simulation,'' after ``computing''. (b) Quantum Information Science Research Program.--Section 401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended-- (1) in subparagraph (F), by striking ``and''; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(H) quantum molecular modeling or simulation;''. <all>

To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quantum in Practice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Quantum computing has the potential to spur advancements in molecular modeling and simulation that will benefit Americans. (2) Quantum molecular simulations and modeling will enable scientists to study chemical elements and reactions with accuracy and speed that is far beyond the abilities of existing supercomputers. (3) Advances in molecular simulations and modeling would give researchers tools that could lead to breakthroughs across industries and sectors, including-- (A) modeling the nitrogen fixation process utilized by bacteria, which could be used to develop synthetic fertilizers without the high energy and material costs of current methods, creating the next generation of fertilizers; (B) creating more effective medications and reducing harmful interactions or side effects; (C) developing new materials to increase energy storage capacity and create more powerful battery technologies; (D) developing lighter, stronger metals; (E) creating materials for more durable protective gear for law enforcement and military; and (F) developing new types of superconductors. SEC. 3. QUANTUM MODELING AND SIMULATION. (a) Definition of Quantum Information Science.--Section 2(6) of the National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by inserting ``modeling, simulation,'' after ``computing''. (b) Quantum Information Science Research Program.--Section 401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended-- (1) in subparagraph (F), by striking ``and''; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(H) quantum molecular modeling or simulation;''. <all>

To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quantum in Practice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Quantum computing has the potential to spur advancements in molecular modeling and simulation that will benefit Americans. (2) Quantum molecular simulations and modeling will enable scientists to study chemical elements and reactions with accuracy and speed that is far beyond the abilities of existing supercomputers. (3) Advances in molecular simulations and modeling would give researchers tools that could lead to breakthroughs across industries and sectors, including-- (A) modeling the nitrogen fixation process utilized by bacteria, which could be used to develop synthetic fertilizers without the high energy and material costs of current methods, creating the next generation of fertilizers; (B) creating more effective medications and reducing harmful interactions or side effects; (C) developing new materials to increase energy storage capacity and create more powerful battery technologies; (D) developing lighter, stronger metals; (E) creating materials for more durable protective gear for law enforcement and military; and (F) developing new types of superconductors. SEC. 3. QUANTUM MODELING AND SIMULATION. (a) Definition of Quantum Information Science.--Section 2(6) of the National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by inserting ``modeling, simulation,'' after ``computing''. (b) Quantum Information Science Research Program.--Section 401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended-- (1) in subparagraph (F), by striking ``and''; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(H) quantum molecular modeling or simulation;''. <all>

To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quantum in Practice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Quantum computing has the potential to spur advancements in molecular modeling and simulation that will benefit Americans. (2) Quantum molecular simulations and modeling will enable scientists to study chemical elements and reactions with accuracy and speed that is far beyond the abilities of existing supercomputers. (3) Advances in molecular simulations and modeling would give researchers tools that could lead to breakthroughs across industries and sectors, including-- (A) modeling the nitrogen fixation process utilized by bacteria, which could be used to develop synthetic fertilizers without the high energy and material costs of current methods, creating the next generation of fertilizers; (B) creating more effective medications and reducing harmful interactions or side effects; (C) developing new materials to increase energy storage capacity and create more powerful battery technologies; (D) developing lighter, stronger metals; (E) creating materials for more durable protective gear for law enforcement and military; and (F) developing new types of superconductors. SEC. 3. QUANTUM MODELING AND SIMULATION. (a) Definition of Quantum Information Science.--Section 2(6) of the National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by inserting ``modeling, simulation,'' after ``computing''. (b) Quantum Information Science Research Program.--Section 401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended-- (1) in subparagraph (F), by striking ``and''; (2) in subparagraph (G), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(H) quantum molecular modeling or simulation;''. <all>

H.R.1566

Native Americans

American Indian and Alaska Native Child Abuse Prevention and Treatment Act or the AI/AN CAPTA This bill establishes additional resources to assist tribal communities with preventing and treating child abuse and neglect. First, the bill requires the Government Accountability Office to report on child abuse and neglect in tribal communities for the purpose of making recommendations to Congress regarding these issues. Additionally, the Department of Health and Human Services must include Indian tribes and tribal organizations in its equitable distribution of assistance for programs and projects related to child abuse prevention and treatment.

To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian and Alaska Native Child Abuse Prevention and Treatment Act'' or the ``AI/AN CAPTA''. SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CHILD ABUSE AND NEGLECT IN INDIAN TRIBAL COMMUNITIES. (a) In General.--The Comptroller General of the United States (referred to in this section as the ``Comptroller General'') shall conduct a study and issue a report on child abuse and neglect in Indian Tribal communities for the purpose of identifying vital information and making recommendations to the appropriate congressional committees concerning issues relating to child abuse and neglect in such communities. (b) Consultation With Indian Tribes.--In carrying out this section, the Comptroller General shall consult with Indian Tribes from each of the 12 regions of the Bureau of Indian Affairs. (c) Duties.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate and the Committee on Education and Labor and the Committee on Natural Resources of the House of Representatives a report on-- (1) the number of Indian Tribes providing primary child abuse and neglect prevention activities; (2) the number of Indian tribes providing secondary child abuse and neglect prevention activities; (3) promising practices of Indian Tribes with respect to child abuse and neglect prevention that are culturally based or culturally adapted; (4) information and recommendations on how such culturally based or culturally adapted child abuse and neglect prevention activities could become evidence based; (5) the number of Indian Tribes that have accessed Federal child abuse and neglect prevention programs; (6) child abuse and neglect prevention activities that Indian Tribes provide using State funds; (7) child abuse and neglect prevention activities that Indian tribes provide using Tribal funds; (8) Tribal access to State children's trust fund resources; (9) how the children's trust fund model could be used to support prevention efforts regarding child abuse and neglect of American Indian and Alaska Native children; (10) Federal agency technical assistance efforts to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (11) Federal agency cross-system collaboration to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (12) Tribal access to child abuse and neglect prevention research and demonstration grants under the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.); (13) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted and barriers to submitting data; and (14) an examination of Federal child abuse and neglect data systems to identify recommendations on improving the collection of data from Indian Tribes. SEC. 3. OTHER AMENDMENTS. (a) Geographical Distribution.--Section 108(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d(b)) is amended by inserting ``Indian tribes, and tribal organizations,'' after ``the States,''. (b) Allocation of Amounts.--Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended-- (1) by striking ``section 210'' each place it appears and inserting ``section 209''; and (2) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary''; and (B) by adding at the end the following: ``(2) Allotment for increased appropriation years.--In any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under such section for fiscal year 2020 by more than $1,000,000, the Secretary shall reserve-- ``(A) 5 percent of the amount appropriated for the applicable fiscal year to make allotments to Indian tribes and tribal organizations; and ``(B) 1 percent of the amount appropriated for the applicable fiscal year to make allotments to migrant programs.''. <all>

AI/AN CAPTA

To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities.

AI/AN CAPTA American Indian and Alaska Native Child Abuse Prevention and Treatment Act

Rep. Grijalva, Raúl M.

D

AZ

This bill establishes additional resources to assist tribal communities with preventing and treating child abuse and neglect. First, the bill requires the Government Accountability Office to report on child abuse and neglect in tribal communities for the purpose of making recommendations to Congress regarding these issues. Additionally, the Department of Health and Human Services must include Indian tribes and tribal organizations in its equitable distribution of assistance for programs and projects related to child abuse prevention and treatment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian and Alaska Native Child Abuse Prevention and Treatment Act'' or the ``AI/AN CAPTA''. 2. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CHILD ABUSE AND NEGLECT IN INDIAN TRIBAL COMMUNITIES. 5101 et seq. ); (13) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted and barriers to submitting data; and (14) an examination of Federal child abuse and neglect data systems to identify recommendations on improving the collection of data from Indian Tribes. SEC. 3. OTHER AMENDMENTS. 5106d(b)) is amended by inserting ``Indian tribes, and tribal organizations,'' after ``the States,''. (b) Allocation of Amounts.--Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended-- (1) by striking ``section 210'' each place it appears and inserting ``section 209''; and (2) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary''; and (B) by adding at the end the following: ``(2) Allotment for increased appropriation years.--In any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under such section for fiscal year 2020 by more than $1,000,000, the Secretary shall reserve-- ``(A) 5 percent of the amount appropriated for the applicable fiscal year to make allotments to Indian tribes and tribal organizations; and ``(B) 1 percent of the amount appropriated for the applicable fiscal year to make allotments to migrant programs.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian and Alaska Native Child Abuse Prevention and Treatment Act'' or the ``AI/AN CAPTA''. 2. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CHILD ABUSE AND NEGLECT IN INDIAN TRIBAL COMMUNITIES. 5101 et seq. ); (13) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted and barriers to submitting data; and (14) an examination of Federal child abuse and neglect data systems to identify recommendations on improving the collection of data from Indian Tribes. SEC. 3. OTHER AMENDMENTS. 5106d(b)) is amended by inserting ``Indian tribes, and tribal organizations,'' after ``the States,''. (b) Allocation of Amounts.--Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended-- (1) by striking ``section 210'' each place it appears and inserting ``section 209''; and (2) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary''; and (B) by adding at the end the following: ``(2) Allotment for increased appropriation years.--In any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under such section for fiscal year 2020 by more than $1,000,000, the Secretary shall reserve-- ``(A) 5 percent of the amount appropriated for the applicable fiscal year to make allotments to Indian tribes and tribal organizations; and ``(B) 1 percent of the amount appropriated for the applicable fiscal year to make allotments to migrant programs.''.

To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian and Alaska Native Child Abuse Prevention and Treatment Act'' or the ``AI/AN CAPTA''. SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CHILD ABUSE AND NEGLECT IN INDIAN TRIBAL COMMUNITIES. (a) In General.--The Comptroller General of the United States (referred to in this section as the ``Comptroller General'') shall conduct a study and issue a report on child abuse and neglect in Indian Tribal communities for the purpose of identifying vital information and making recommendations to the appropriate congressional committees concerning issues relating to child abuse and neglect in such communities. (b) Consultation With Indian Tribes.--In carrying out this section, the Comptroller General shall consult with Indian Tribes from each of the 12 regions of the Bureau of Indian Affairs. (c) Duties.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate and the Committee on Education and Labor and the Committee on Natural Resources of the House of Representatives a report on-- (1) the number of Indian Tribes providing primary child abuse and neglect prevention activities; (2) the number of Indian tribes providing secondary child abuse and neglect prevention activities; (3) promising practices of Indian Tribes with respect to child abuse and neglect prevention that are culturally based or culturally adapted; (4) information and recommendations on how such culturally based or culturally adapted child abuse and neglect prevention activities could become evidence based; (5) the number of Indian Tribes that have accessed Federal child abuse and neglect prevention programs; (6) child abuse and neglect prevention activities that Indian Tribes provide using State funds; (7) child abuse and neglect prevention activities that Indian tribes provide using Tribal funds; (8) Tribal access to State children's trust fund resources; (9) how the children's trust fund model could be used to support prevention efforts regarding child abuse and neglect of American Indian and Alaska Native children; (10) Federal agency technical assistance efforts to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (11) Federal agency cross-system collaboration to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (12) Tribal access to child abuse and neglect prevention research and demonstration grants under the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.); (13) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted and barriers to submitting data; and (14) an examination of Federal child abuse and neglect data systems to identify recommendations on improving the collection of data from Indian Tribes. SEC. 3. OTHER AMENDMENTS. (a) Geographical Distribution.--Section 108(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d(b)) is amended by inserting ``Indian tribes, and tribal organizations,'' after ``the States,''. (b) Allocation of Amounts.--Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended-- (1) by striking ``section 210'' each place it appears and inserting ``section 209''; and (2) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary''; and (B) by adding at the end the following: ``(2) Allotment for increased appropriation years.--In any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under such section for fiscal year 2020 by more than $1,000,000, the Secretary shall reserve-- ``(A) 5 percent of the amount appropriated for the applicable fiscal year to make allotments to Indian tribes and tribal organizations; and ``(B) 1 percent of the amount appropriated for the applicable fiscal year to make allotments to migrant programs.''. <all>

To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian and Alaska Native Child Abuse Prevention and Treatment Act'' or the ``AI/AN CAPTA''. SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CHILD ABUSE AND NEGLECT IN INDIAN TRIBAL COMMUNITIES. (a) In General.--The Comptroller General of the United States (referred to in this section as the ``Comptroller General'') shall conduct a study and issue a report on child abuse and neglect in Indian Tribal communities for the purpose of identifying vital information and making recommendations to the appropriate congressional committees concerning issues relating to child abuse and neglect in such communities. (b) Consultation With Indian Tribes.--In carrying out this section, the Comptroller General shall consult with Indian Tribes from each of the 12 regions of the Bureau of Indian Affairs. (c) Duties.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate and the Committee on Education and Labor and the Committee on Natural Resources of the House of Representatives a report on-- (1) the number of Indian Tribes providing primary child abuse and neglect prevention activities; (2) the number of Indian tribes providing secondary child abuse and neglect prevention activities; (3) promising practices of Indian Tribes with respect to child abuse and neglect prevention that are culturally based or culturally adapted; (4) information and recommendations on how such culturally based or culturally adapted child abuse and neglect prevention activities could become evidence based; (5) the number of Indian Tribes that have accessed Federal child abuse and neglect prevention programs; (6) child abuse and neglect prevention activities that Indian Tribes provide using State funds; (7) child abuse and neglect prevention activities that Indian tribes provide using Tribal funds; (8) Tribal access to State children's trust fund resources; (9) how the children's trust fund model could be used to support prevention efforts regarding child abuse and neglect of American Indian and Alaska Native children; (10) Federal agency technical assistance efforts to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (11) Federal agency cross-system collaboration to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (12) Tribal access to child abuse and neglect prevention research and demonstration grants under the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.); (13) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted and barriers to submitting data; and (14) an examination of Federal child abuse and neglect data systems to identify recommendations on improving the collection of data from Indian Tribes. SEC. 3. OTHER AMENDMENTS. (a) Geographical Distribution.--Section 108(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d(b)) is amended by inserting ``Indian tribes, and tribal organizations,'' after ``the States,''. (b) Allocation of Amounts.--Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended-- (1) by striking ``section 210'' each place it appears and inserting ``section 209''; and (2) in subsection (a)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary''; and (B) by adding at the end the following: ``(2) Allotment for increased appropriation years.--In any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under such section for fiscal year 2020 by more than $1,000,000, the Secretary shall reserve-- ``(A) 5 percent of the amount appropriated for the applicable fiscal year to make allotments to Indian tribes and tribal organizations; and ``(B) 1 percent of the amount appropriated for the applicable fiscal year to make allotments to migrant programs.''. <all>

H.R.7858

Science, Technology, Communications

Digital Platform Commission Act of 2022 This bill establishes a commission to regulate digital platforms. These are online services that facilitate interactions between users and between users and entities (including online services) that offer goods and services. The bill provides the commission with rulemaking, investigative, and related authorities to regulate access to, competition among, and consumer protections for digital platforms. The bill also provides for administrative and judicial enforcement of the regulations. The commission must establish a council of technical experts, representatives of digital platforms, and other experts (e.g., representatives of nonprofit public interest groups and academics) to recommend standards for algorithmic processes and other policies. Additionally, the commission may designate systemically important digital platforms. The bill includes criteria for the commission to use when designating a platform as systemically important (e.g., whether its operations have significant nationwide economic, social, or political impacts). The President must appoint an independent panel to evaluate the commission after five years and recommend whether to extend the commission.

To establish a new Federal body to provide reasonable oversight and regulation of digital platforms. 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 ``Digital Platform Commission 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; sense of Congress. Sec. 3. Definitions. Sec. 4. Establishment of Federal Digital Platform Commission. Sec. 5. Jurisdiction. Sec. 6. Organization and general powers. Sec. 7. Organization and functioning of the Commission. Sec. 8. Code Council. Sec. 9. Rulemaking authority, requirements, and considerations. Sec. 10. Systemically important digital platforms. Sec. 11. Merger review. Sec. 12. Petitions. Sec. 13. Research. Sec. 14. Investigative authority. Sec. 15. Enforcement by private persons and governmental entities. Sec. 16. Proceedings to enjoin, set aside, annul, or suspend orders of the Commission. Sec. 17. Report to Congress. Sec. 18. Authorization of appropriations. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In the United States and around the world, digital platforms and online services play a central role in modern life by providing new tools for communication, commerce, entrepreneurship, and debate. (2) The United States takes pride in the success of its technology sector, which leads the world in innovation and dynamism, provides valuable services to the people of the United States, and supports thousands of good-paying jobs in the United States. (3) In recent years, a few digital platforms have benefitted from the combination of economies of scale, network effects, and unique characteristics of the digital marketplace to achieve vast power over the economy, society, and democracy of the United States. (4) The last time Congress enacted legislation to meaningfully regulate the technology or telecommunications sector was the Telecommunications Act of 1996 (Public Law 104- 104; 110 Stat 56.), years before many of today's largest digital platforms even existed. (5) Digital platforms remain largely unregulated and are left to write their own rules without meaningful democratic input or accountability. (6) The unregulated policies and operations of some of the most powerful digital platforms have at times produced demonstrable harm, including-- (A) undercutting small businesses; (B) abetting the collapse of trusted local journalism; (C) enabling addiction and other harms to the mental health of the people of the United States, especially minors; (D) disseminating disinformation and hate speech; (E) undermining privacy and monetizing the personal data of individuals in the United States without their informed consent; and (F) in some cases, radicalizing individuals to violence. (7) The failure of the United States Government to establish appropriate regulations for digital platforms cedes to foreign competitors the historic role played by the United States in setting reasonable rules of the road and technical standards for emerging technologies. (8) Throughout the history of the United States, Congress has often responded to the emergence of powerful and complex new sectors of the economy by empowering sector-specific expert Federal regulators. (9) Throughout the history of the United States, the Federal Government has established reasonable regulation, consistent with the First Amendment to the Constitution of the United States, to promote a diversity of viewpoints, support civic engagement, and preserve the right of citizens to communicate with each other, which is foundational to self- governance. (10) The unique power and complexity of several digital platforms, combined with the absence of modern Federal regulations, reinforces the need for a new Federal body equipped with the authorities, tools, and expertise to regulate digital platforms to ensure their operations remain consistent, where appropriate, with the public interest. (b) Sense of Congress.--It is the sense of Congress that the Federal agency established under this Act should-- (1) develop appropriate regulations and policies grounded in the common law principles of the duty of care and the duty to deal, insofar as those principles are relevant and practical; and (2) adopt, where relevant and practical, a risk management regulatory approach that prioritizes anticipating, limiting, and balancing against other interests the broad economic, societal, and political risks of harm posed by the activities and operations of a person or class of persons. SEC. 3. DEFINITIONS. In this Act: (1) Algorithmic process.--The term ``algorithmic process'' means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner in which a set of information is provided, recommended to, or withheld from a user of a digital platform, including-- (A) the provision of commercial content; (B) the display of social media posts; (C) the display of search results or rankings; or (D) any other method of automated decision making, content selection, or content amplification. (2) Commission.--The term ``Commission'' means the Federal Digital Platform Commission established under section 4. (3) Council.--The term ``Council'' means the Code Council established under section 8(a). (4) Digital platform.-- (A) In general.--The term ``digital platform'' means an online service that serves as an intermediary facilitating interactions-- (i) between users; and (ii) between users and-- (I) entities offering goods and services through the online service; or (II) the online service with respect to goods and services offered directly by the online service. (B) De minimis exception.-- (i) In general.--Notwithstanding subparagraph (A)(ii)(II), the term ``digital platform'' does not include an entity that offers goods and services to the public online if the offering of goods and services online is a de minimis part of the entity's overall business. (ii) Online services that do not qualify for de minimis exception.--Notwithstanding clause (i), if an online service described in subparagraph (A)(ii)(II) is owned by an entity but is offered through an affiliate, partnership, or joint venture of, or is otherwise segregable from, the entity-- (I) the online service shall be considered a digital platform; and (II) the entity shall not be considered a digital platform. (C) Small digital platform businesses.-- (i) In general.--The term ``digital platform'' does not include a small digital platform business, except as provided in clause (iii). (ii) SBA rulemaking.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall by regulation define the term ``small digital platform business'' for purposes of clause (i). (iii) Non-applicability to systemically important digital platforms.--Clause (i) shall not apply to a systemically important digital platform. (D) News organizations.--The term ``digital platform'' does not include an entity whose primary purpose is the delivery to the public of news that the entity writes, edits, and reports. (5) Immediate family member.--The term ``immediate family member'', with respect to an individual, means a spouse, parent, sibling, or child of the individual. (6) Online service.--The term ``online service'' includes a consumer-facing website, back-end online-support system, or other facilitator of online transactions and activities. (7) Systemically important digital platform.--The term ``systemically important digital platform'' means a digital platform that the Commission has designated as a systemically important digital platform under section 10. SEC. 4. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Federal Digital Platform Commission'', which shall-- (1) be constituted as provided in this Act; and (2) execute and enforce the provisions of this Act. (b) Purposes of Commission.--The purpose of the Commission is to regulate digital platforms, consistent with the public interest, convenience, and necessity, to promote to all the people of the United States, so far as possible, the following: (1) Access to digital platforms for civic engagement and economic and educational opportunities. (2) Access to government services and public safety. (3) Competition to encourage the creation of new online services and innovation, and to provide to consumers benefits such as lower prices and better quality of service. (4) Prevention of harmful levels of concentration of private power over critical digital infrastructure. (5) A robust and competitive marketplace of ideas with a diversity of views at the local, State, and national levels. (6) Protection for consumers from deceptive, unfair, unjust, unreasonable, or abusive practices committed by digital platforms. (7) Assurance that the algorithmic processes of digital platforms are fair, transparent, and safe. (c) Rule of Construction.--Nothing in this Act shall be construed to modify, impair, or supersede the applicability of any antitrust laws. SEC. 5. JURISDICTION. (a) Plenary Jurisdiction.--The Commission shall have jurisdiction over any digital platform, the services of which-- (1) originate or are received within the United States; and (2) affect interstate or foreign commerce. (b) Provisions Relative to Systemically Important Digital Platforms.--Not later than 180 days after the earliest date as of which not fewer than 3 Commissioners have been confirmed, the Commission shall determine whether to issue rules, with input from the Code Council as appropriate, to establish for systemically important digital platforms-- (1) commercial and technical standards for-- (A) data portability; and (B) interoperability, which shall be defined as the functionality of information systems to-- (i) exchange data; and (ii) enable sharing of information; (2) requirements for recommendation systems and other algorithmic processes of systemically important digital platforms to ensure that the algorithmic processes are fair, transparent, and without harmful, abusive, anticompetitive, or deceptive bias; (3) transparency requirements for terms of service, including content moderation policies; (4) requirements for regular public risk assessments of the distribution of harmful content on a systemically important digital platform and steps the systemically important digital platform has taken, or plans to take, to mitigate those harms; (5) transparency and disclosure obligations to enable-- (A) oversight by the Commission; (B) third-party audits to ensure the accuracy of any public risk assessments required under paragraph (4); and (C) trusted third-party research in the public interest; and (6) commercial and technical standards to ensure accessibility to individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), including to provide the ability for an individual who has a hearing impairment, speech impairment, or vision impairment to engage with systemically important digital platforms in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment, speech impairment, or vision impairment to engage with systemically important digital platforms. (c) Forbearance.-- (1) In general.--The Commission may forbear from exercising jurisdiction over a digital platform or class of digital platforms based on size, revenue, market share, or other attributes the Commission determines appropriate. (2) Flexibility.--The Commission may reassert jurisdiction over a digital platform or class of digital platform over which the Commission forbore from exercising jurisdiction under paragraph (1). SEC. 6. ORGANIZATION AND GENERAL POWERS. (a) In General.--The Commission shall be composed of 5 Commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chair. (b) Qualifications.-- (1) Citizenship.--Each member of the Commission shall be a citizen of the United States. (2) Conflicts of interest.-- (A) In general.--Subject to subparagraphs (B) and (C), no member of the Commission or person employed by the Commission, and no immediate family member thereof, shall-- (i) be financially interested in-- (I) any person significantly regulated by the Commission under this Act; or (II) a third party in direct and substantial competition with a person described in subclause (I); or (ii) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person or third party described in clause (i). (B) Significant interest.--The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. (C) Waiver.-- (i) In general.--Subject to section 208 of title 18, United States Code, the Commission may waive, from time to time, the application of the prohibitions under subparagraph (A) to persons employed by the Commission, or immediate family members thereof, if the Commission determines that the financial interests of a person that are involved in a particular case are minimal. (ii) No waiver for commissioners.--The waiver authority under clause (i) shall not apply with respect to members of the Commission. (iii) Publication.--If the Commission exercises the waiver authority under clause (i), the Commission shall publish notice of that action in the Federal Register. (3) Determination of significant interest.--The Commission, in determining for purposes of paragraph (2) whether a company or other entity has a significant interest in activities that are subject to regulation by the Commission, shall consider, without excluding other relevant factors-- (A) the revenues, investments, profits, and managerial efforts directed to the related activities of the company or other entity, as compared to the other aspects of the business of the company or other entity; (B) the extent to which the Commission regulates and oversees the activities of the company or other entity; (C) the degree to which the economic interests of the company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of the company or other entity. (4) No other employment.--A member of the Commission may not engage in any other business, vocation, profession, or employment while serving as a member of the Commission. (5) Political parties.--The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners that constitutes a majority of the full membership of the Commission. (c) Term.-- (1) In general.--A commissioner-- (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (2) Filling of vacancies.--Any person chosen to fill a vacancy in the Commission-- (A) shall be appointed for the unexpired term of the commissioner that the person succeeds; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds. (3) Effect of vacancy on powers of commission.--Except as provided in section 9(e) (relating to repeal of prior rules), no vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. (d) Salary of Commissioners.-- (1) In general.--Each Commissioner shall receive an annual salary at the annual rate payable from time to time for grade 16 of the pay scale of the Securities and Exchange Commission, payable in monthly installments. (2) Chair.--The Chair of the Commission, during the period of service as Chair, shall receive an annual salary at the annual rate payable from time to time for grade 17 of the pay scale of the Securities and Exchange Commission. (e) Principal Office.-- (1) General sessions.--The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held. (2) Special sessions.--Whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. (f) Employees.-- (1) In general.--The Commission may, subject to the civil service laws and the Classification Act of 1949, as amended, appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions. (2) Assistants.-- (A) Professional assistants; secretary.--Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint professional assistants and a secretary, each of whom shall perform such duties as the commissioner shall direct. (B) Administrative assistant to chair.--In addition to the authority under subparagraph (A), the Chair of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the Chair shall direct. (3) Use of volunteers to monitor violations relating to online services.-- (A) Recruitment and training of volunteers.--The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act), may-- (i) recruit and train any software engineer, computer scientist, data scientist, or other individual with skills or expertise relevant to the responsibilities of the Commission; and (ii) accept and employ the voluntary and uncompensated services of individuals described in clause (i). (B) No limitations on voluntary services.--The authority of the Commission under subparagraph (A) shall not be subject to or affected by-- (i) part III of title 5, United States Code; or (ii) section 1342 of title 31, United States Code. (C) No federal employment.--Any individual who provides services under this paragraph or who provides goods in connection with such services shall not be considered a Federal or special government employee. (D) Broad representation.--The Commission, in accepting and employing services of individuals under subparagraph (A), shall seek to achieve a broad representation of individuals and organizations. (E) Rules of conduct.--The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. (F) Regulations for personnel practices.--The Commission may prescribe regulations to select, oversee, sanction, and dismiss any individual authorized under this paragraph to be employed by the Commission. (g) Expenditures.-- (1) In general.--The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, online subscriptions, electronics, law books, periodicals, subscriptions, and books of reference), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by Congress in accordance with the authorizations of appropriations under section 18. (2) Reimbursement.--All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Chair of the Commission or by such other members or officer thereof as may be designated by the Commission for that purpose. (3) Gifts.-- (A) In general.--Notwithstanding any other provision of law, in furtherance of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5, United States Code). (B) Taxes.--For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property or services accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, or devise to the United States. (C) Regulations.-- (i) In general.--The Commission shall promulgate regulations to carry out this paragraph. (ii) Conflicts of interest.--The regulations promulgated under clause (i) shall include provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a conflict of interest. (h) Quorum; Seal.-- (1) Quorum.--Three members of the Commission shall constitute a quorum thereof. (2) Seal.--The Commission shall have an official seal which shall be judicially noticed. (i) Duties and Powers.--The Commission may perform any and all acts, including collection of any information from digital platforms under the jurisdiction of the Commission as the Commission determines necessary, without regard to any final determination of the Office on Management and Budget under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), make such rules and regulations, and issue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions. (j) Conduct of Proceedings; Hearings.-- (1) In general.--The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. (2) Conflict of interest.--No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. (3) Open to all parties.--Any party may appear before the Commission and be heard in person or by attorney. (4) Record of proceedings.-- (A) In general.--Subject to subparagraph (B)-- (i) every vote and official act of the Commission shall be entered of record; and (ii) the Commission shall endeavor to make each proceeding public, while recognizing the occasional need for private convening and deliberation. (B) Defense information.--The Commission may withhold publication of records or proceedings containing secret information affecting the national defense. (k) Record of Reports.--All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any digital platform or licensee that may have been complained of. (l) Publication of Reports; Admissibility as Evidence.--The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. (m) Compensation of Appointees.--Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally. (n) Memoranda of Understanding.--The Commission shall enter into memoranda of understanding with the Federal Communications Commission, the Federal Trade Commission, and the Department of Justice to ensure, to the greatest extent possible, coordination, collaboration, and the effective use of Federal resources concerning areas of overlapping jurisdiction. SEC. 7. ORGANIZATION AND FUNCTIONING OF THE COMMISSION. (a) Chair; Duties; Vacancy.-- (1) In general.--The member of the Commission designated by the President as Chair shall be the chief executive officer of the Commission. (2) Duties.--The Chair of the Commission shall-- (A) preside at all meetings and sessions of the Commission; (B) represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present the commissioner's own or minority views or supplemental reports; (C) represent the Commission in all matters requiring conferences or communications with other governmental officers, departments, or agencies; and (D) generally coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. (3) Vacancy.--In the case of a vacancy in the office of the Chair of the Commission, or the absence or inability of the Chair to serve, the Commission may temporarily designate a member of the Commission to act as Chair until the cause or circumstance requiring the designation is eliminated or corrected. (b) Organization of Staff.-- (1) In general.--From time to time as the Commission may find necessary, the Commission shall organize its staff into-- (A) bureaus, to function on the basis of the Commission's principal workload operations; and (B) such other divisional organizations as the Commission may determine necessary. (2) Integration.--The Commission, to the extent practicable, shall organize the bureaus and other divisions of the Commission to-- (A) promote collaboration and cross-cutting subject matter and technical expertise; and (B) avoid organization silos. (3) Personnel.--Each bureau established under paragraph (1)(A) shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. (4) Expert personnel.--The Commission shall prioritize, to the extent practicable, the hiring of staff with a demonstrated academic or professional background in computer science, data science, application development, technology policy, and other areas the Commission may determine necessary to perform its functions. (c) Delegation of Functions; Exceptions to Initial Orders; Force, Effect, and Enforcement of Orders; Administrative and Judicial Review; Qualifications and Compensation of Delegates; Assignment of Cases; Separation of Review and Investigative or Prosecuting Functions; Secretary; Seal.-- (1) Delegation of functions.-- (A) In general.--When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in the Administrative Procedure Act), the delegation in any such case may be made only to an employee board consisting of 2 or more employees referred to in paragraph (7). (B) Minimum vote.--Any rule or order described in subparagraph (A) may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. (2) Force, effect, and enforcement of orders.--Any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1), unless reviewed as provided in paragraph (3), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. (3) Administrative and judicial review.-- (A) Aggrieved persons.--Any person aggrieved by an order, decision, report or action described in paragraph (1) may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. (B) Initiative of commission.--The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1). (4) Review.-- (A) In general.--In passing upon an application for review filed under paragraph (3), the Commission may grant, in whole or in part, or deny the application without specifying any reasons therefor. (B) Questions of fact or law.--No application for review filed under paragraph (3)(A) shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass. (5) Grant of application.--If the Commission grants an application for review filed under paragraph (3)(A), the Commission may-- (A) affirm, modify, or set aside the order, decision, report, or action; or (B) order a rehearing upon the order, decision, report, or action. (6) Application required for judicial review.--The filing of an application for review under paragraph (3)(A) shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1). (7) Qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions.-- (A) Qualifications of delegates.--The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in the Administrative Procedure Act)-- (i) shall be qualified, by reason of their training, experience, and competence, to perform such review functions; and (ii) shall perform no duties inconsistent with such review functions. (B) Compensation.--An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. (C) Separation.--In the performance of review functions described in subparagraph (A), employees described in that subparagraph-- (i) shall be assigned to cases in rotation so far as practicable; and (ii) shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. (8) Secretary; seal.--The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection. (d) Meetings.--Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its workload shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision in a timely fashion. (e) Managing Director.-- (1) In general.--The Commission shall have a Managing Director who shall be appointed by the Chair subject to the approval of the Commission. (2) Functions.--The Managing Director, under the supervision and direction of the Chair, shall perform such administrative and executive functions as the Chair shall delegate. (3) Pay.--The Managing Director shall be paid at a rate equal to the rate then payable for grade 15 of the pay scale of the Securities and Exchange Commission. SEC. 8. CODE COUNCIL. (a) Establishment.--The Commission shall establish a Code Council that shall develop proposed voluntary or enforceable behavioral codes, technical standards, or other policies for digital platforms through the code process under subsection (e). (b) Membership.-- (1) In general.--The Council shall consist of 18 members, of whom-- (A) 6 shall be representatives of digital platforms or associations of digital platforms, not fewer than 3 of whom shall be representatives of systemically important digital platforms or associations that include systemically important digital platforms; (B) 6 shall be representatives of nonprofit public interest groups, academics, and other experts not affiliated with commercial enterprises, with demonstrated expertise in technology policy, law, consumer protection, privacy, competition, disinformation, or another area the Chair determines relevant; and (C) 6 shall be technical experts in engineering, application development, computer science, data science, machine learning, communications, media studies, and any other discipline the Chair determines relevant. (2) Appointment.--The Chair shall appoint each member of the Council, subject to approval by the Commission. (3) Terms.-- (A) In general.--A member of the Council shall be appointed for a term of 3 years. (B) Staggered terms.--The terms of members of the Council shall be staggered such that one-third of the membership of the Council changes each year. (c) Meetings.--The Council shall meet publicly not less frequently than once a month. (d) Chair and Vice Chair.-- (1) In general.--There shall be a Chair and Vice Chair of the Council-- (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). (2) Annual rotation.--The Chair or Vice Chair for a calendar year shall be a member described in a different subparagraph of subsection (b)(1) than the member who served as Chair or Vice Chair, respectively, for the preceding calendar year. (e) Code Process.-- (1) In general.--The Commission may, at any time, initiate a process to develop a voluntary or enforceable behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms. (2) Initiation based on petition or council vote.--The Commission may initiate the process described in paragraph (1) if-- (A) the Commission receives a petition from the public, including from a digital platform or an association of digital platforms; or (B) the Council votes to initiate the process. (3) Council examination and vote.--If the process described in paragraph (1) is initiated, the Council-- (A) shall consider and develop, if appropriate, a proposed behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms; (B) in considering and developing a proposed code, standard, or policy under subparagraph (A), shall-- (i) allow for submission of feedback by any interested party; and (ii) make available to the public a factual record, developed during the consideration and development of the proposed code, standard, or policy, that includes any submission received under clause (i); (C) not earlier than 180 days and not later than 360 days after the date on which the process is initiated, shall vote on whether to submit a recommendation for the proposed code, standard, or policy to the Commission; and (D) may submit minority views along with a recommendation under subparagraph (C), as appropriate. (4) Public review; commission examination and vote.--Upon receipt of a recommendation for a proposed behavioral code, technical standard, or other policy from the Council under paragraph (3), the Commission shall-- (A) allow for submission of comments on the proposed code, standard, or policy by any interested party for a period of not fewer than 45 days and not more than 90 days, and publicly disclose any comments received; (B) examine the proposed code, standard, or policy, along with comments received under subparagraph (A); (C) determine whether to adopt, reject, or adopt with modifications the proposed code, standard, or policy; (D) provide a public rationale for the determination under subparagraph (C); and (E) promulgate rules to carry out the determination under subparagraph (C) in accordance with section 553 of title 5, United States Code. (5) Updates.--Not less frequently than once every 5 years, the Commission shall review and update, as necessary, any behavioral code, technical standard, or other policy established by rule under paragraph (4). (6) Rule of construction.--Nothing in this subsection shall be construed to affect the authority of the Commission to promulgate rules under section 9. (f) Qualifications.-- (1) Citizenship.--Each member of the Council shall be a United States citizen or an alien lawfully admitted for permanent residence to the United States. (2) Conflicts of interest.-- (A) In general.--Subject to subparagraphs (B) and (C), no member of the Council other than a member appointed under subsection (b)(1)(A) shall-- (i) be financially interested in any company or other entity engaged in the business of providing online services; (ii) be financially interested in any company or other entity that controls any company or other entity specified in clause (i), or that derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iii) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act. (B) Significant interest.--The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. (C) Waiver.-- (i) In general.--Subject to section 208 of title 18, United States Code, the Commission may waive, from time to time, the application of the prohibitions under subparagraph (A) to a member of the Council if the Commission determines that the financial interests of the member that are involved in a particular case are minimal. (ii) Publication.--If the Commission exercises the waiver authority under clause (i), the Commission shall publish notice of that action in the Federal Register. (3) Determination of significant interest.--The Commission, in determining for purposes of paragraph (2) whether a company or other entity has a significant interest in activities that are subject to regulation by the Commission, shall consider, without excluding other relevant factors-- (A) the revenues, investments, profits, and managerial efforts directed to the related activities of the company or other entity, as compared to the other aspects of the business of the company or other entity; (B) the extent to which the Commission regulates and oversees the activities of the company or other entity; (C) the degree to which the economic interests of the company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of the company or other entity. (g) Rule of Construction.--Nothing in this section shall be construed to authorize the Council to promulgate rules. SEC. 9. RULEMAKING AUTHORITY, REQUIREMENTS, AND CONSIDERATIONS. The Commission-- (1) may promulgate rules to carry out this Act in accordance with section 553 of title 5, United States Code; and (2) shall tailor the rules promulgated under paragraph (1), as appropriate, based on the size, dominance, and other attributes of particular digital platforms. SEC. 10. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS. (a) Designation of SIDPS; Rulemaking Authority.--The Commission may-- (1) designate systemically important digital platforms in accordance with this section; and (2) promulgate rules specific to systemically important digital platforms, consistent with the purposes of the Commission under section 4(b). (b) Mandatory Criteria.--The Commission shall designate a digital platform a systemically important digital platform if the platform-- (1) is open to the public on one side; (2) has significant engagement among users, which may take the form of private groups, public groups, and the sharing of posts visible to some or all users; (3) conducts business primarily at the interstate or international level, as opposed to the intrastate level; and (4) has operations with significant nationwide economic, social, or political impacts, as defined by the Commission for purposes of this paragraph through notice-and-comment rulemaking under section 553 of title 5, United States Code, which may include-- (A) the ability of the platform to significantly shape the national dissemination of news; (B) the ability of the platform to cause a person significant, immediate, and demonstrable economic, social, or political harm by exclusion from the platform; (C) the market power of the platform; (D) the number of unique daily users of the platform; and (E) the dependence of business users, especially small business users, on the platform to reach customers. (c) Annual and Other Reports.-- (1) Authority to require reports.--The Commission may-- (A) require annual reports from systemically important digital platforms subject to this Act, and from persons directly or indirectly controlling or controlled by, or under direct or indirect control with, any such platform; (B) prescribe the content expected in such reports; (C) prescribe the manner in which such reports shall be made; and (D) require from such persons specific answers to all questions upon which the Commission may need information. (2) Administration.-- (A) Time period covered; filing.--A report under paragraph (1)-- (i) shall be for such 12 months' period as the Commission shall designate; and (ii) shall be filed with the Commission at its office in Washington not later than 3 months after the close of the year for which the report is made, unless additional time is granted in any case by the Commission. (B) Failure to meet deadline.--If a person subject to this subsection fails to make and file an annual report within the time specified under subparagraph (A), or within the time extended by the Commission, for making and filing the report, or fails to make specific answer to any question authorized by this subsection within 30 days after the time the person is lawfully required so to do, the person shall forfeit to the United States-- (i) $10,000 for each day the person continues to be in default with respect thereto, for the first 30 days of such default; and (ii) an amount determined appropriate by the Commission for each subsequent day that the person continues to be in default with respect thereto, which may not exceed 1 percent of the total global revenue of the person during the preceding year. SEC. 11. MERGER REVIEW. (a) In General.--Except as provided in subsection (c), no digital platform shall be transferred or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any operator of such digital platform, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. The Commission may grant or deny the application, or grant the application with conditions if the Commission finds that such conditions serve the public interest, convenience, or necessity. (b) Procedures.--The Commission shall issue rules that specify the procedures for review of applications under subsection (a), which may include procedures that are tailored to transactions of different sizes. (c) Exemptions.--The Commission may issue rules to exempt from review certain classes of digital platforms on the basis of size, or such other criteria as the Commission considers appropriate in the public interest, convenience, and necessity to achieve the purposes described in section 4(b). SEC. 12. PETITIONS. (a) Petition for Forbearance.-- (1) Submission.-- (A) In general.--Any digital platform or association of digital platforms may submit a petition to the Commission requesting that the Commission forbear the application and enforcement of a rule promulgated under this Act, including a behavioral code of conduct, technical standard, or other policy established by rule under section 8. (B) Publication.-- (i) In general.--Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (ii) Waiver.--The Commission may waive the requirement under clause (i) if the Commission makes the rationale for the waiver available to the public.. (2) Dismissal without prejudice.-- (A) In general.--Any petition submitted under paragraph (1) shall be deemed dismissed without prejudice if the Commission does not grant the petition within 18 months after the date on which the Commission receives the petition, unless the Commission extends the 18-month period under subparagraph (B) of this paragraph. (B) Extension.--The Commission may extend the initial 18-month period under subparagraph (A) by an additional 3 months. (3) Scope of grant authority; written explanation.--The Commission may grant or deny a petition submitted under paragraph (1) in whole or in part and shall explain its decision in writing. (4) Notice and comment requirements.--Section 553 of title 5, United States Code, shall apply to any determination of the Commission to forbear the application and enforcement of a rule under paragraph (1) of this subsection. (b) State Enforcement After Commission Forbearance.--A State commission may not continue to apply or enforce any rule, including any behavioral code, technical standard, or other policy established by rule, that the Commission has determined to forbear from applying under subsection (a). SEC. 13. RESEARCH. (a) Research Office.--In order to carry out the purposes of this Act, the Commission shall establish an office with not fewer than 20 dedicated employees to conduct internal research, and collaborate with outside academics and experts, as appropriate, to further the purposes of the Commission under section 4(b). (b) Research Grants.-- (1) In general.--The office established under subsection (a) may competitively award grants to academic institutions and experts to conduct research consistent with the purposes of the Commission under section 4(b). (2) Public availability.--A recipient of a grant awarded under paragraph (1) shall make the findings of the research conducted using the grant publicly available. (c) Pilot Research Program for Sensitive Data.--The Commission shall by rule establish a pilot program that allows vetted, nonprofit, financially disinterested academic institutions and experts to access data and other information collected from a digital platform by the Commission for the purposes of research and analysis consistent with the public interest, while-- (1) ensuring that no personally identifiable information of any user of the digital platform is publicly available; and (2) making every effort to-- (A) avoid harm to the business interests of the digital platform; and (B) ensure the safety and security of the private data and other information of the digital platform. SEC. 14. INVESTIGATIVE AUTHORITY. (a) In General.--The Commission may inquire into the management of the business of digital platforms subject to this Act, and shall keep itself informed as to the manner and method in which that management is conducted and as to technical and business developments in the provision of online services. (b) Information.--The Commission may obtain from digital platforms subject to this Act and from persons directly or indirectly controlling or controlled by, or under direct or indirect control with, those platforms full and complete information necessary, including data flows, to enable the Commission to perform the duties and carry out the objects for which it was created. SEC. 15. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL ENTITIES. (a) Recovery of Damages.--Any person claiming to be damaged by any digital platform subject to this Act may-- (1) make complaint to the Commission under subsection (b); or (2) bring a civil action for enforcement of this Act, including the rules promulgated under this Act, in any district court of the United States of competent jurisdiction. (b) Complaints to the Commission.-- (1) In general.-- (A) Application.--Any person, any body politic or municipal organization, or any State attorney general or State commission, complaining of anything done or omitted to be done by any digital platform subject to this Act, in contravention of the provisions thereof, may apply to the Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to the digital platform, which shall be called upon to satisfy the complaint or to answer the complaint in writing within a reasonable time to be specified by the Commission. (B) Relief of liability.--If a digital platform described in subparagraph (A) within the time specified makes reparation for the injury alleged to have been caused, the platform shall be relieved of liability to the complainant only for the particular violation of law thus complained of. (C) Investigation.--If a digital platform described in subparagraph (A) does not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating the complaint, the Commission shall investigate the matters complained of in such manner and by such means as the Commission determines proper. (D) Direct damage not required.--No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (2) Order.-- (A) In general.--The Commission shall, with respect to any investigation under this subsection of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding the investigation not later than 180 days after the date on which the complaint was filed. (B) Final order.--Any order concluding an investigation under subparagraph (A) shall be a final order and may be appealed under section 16. (3) Orders for payment of money.--If, after hearing on a complaint under this paragraph, the Commission determines that any party complainant is entitled to an award of damages under this Act, the Commission shall make an order directing the digital platform to pay to the complainant the sum to which the complainant is entitled on or before a day named. (c) Enforcement by State Attorneys General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates this Act or a rule promulgated under this Act, the attorney general of the State, as parens patrie, may bring a civil action on behalf of the residents of the State in any district court of the United States of competent jurisdiction for enforcement of this Act, including the rules promulgated under this Act. (d) Liability of Digital Platform for Acts and Omissions of Agents.--In construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any digital platform or user, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of the platform or user as well as that of the person. SEC. 16. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF THE COMMISSION. (a) Right To Appeal.--An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (b) Filing Notice of Appeal; Contents; Jurisdiction; Temporary Orders.-- (1) Filing notice of appeal.--An appeal described in subsection (a) shall be taken by filing a notice of appeal with the appropriate United States court of appeals not later than 30 days after the date on which public notice is given of the decision or order complained of. (2) Contents.--A notice of appeal filed under paragraph (1) shall contain-- (A) a concise statement of the nature of the proceedings as to which the appeal is taken; (B) a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and (C) proof of service of a true copy of the notice and statements upon the Commission. (3) Jurisdiction.--Upon the filing of a notice of appeal with a United States court of appeals under paragraph (1), the court-- (A) shall have jurisdiction of the proceedings and of the questions determined therein; and (B) shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as the court may deem just and proper. (4) Temporary orders.--An order granting temporary relief issued by the court under paragraph (3)-- (A) may be affirmative or negative in scope and application so as to permit-- (i) the maintenance of the status quo in the matter in which the appeal is taken; or (ii) the restoration of a position or status terminated or adversely affected by the order appealed from; and (B) shall, unless otherwise ordered by the court, be effective pending hearing and determination of the appeal and compliance by the Commission with the final judgment of the court rendered in the appeal. (c) Notice to Interested Parties; Filing of Record.-- (1) Notice to interested parties.--Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of-- (A) the filing; and (B) the pendency of the appeal. (2) Filing of record.--The Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. (d) Intervention.-- (1) Right to intervene.--Not later than 30 days after the filing of an appeal described in subsection (a), any interested party may intervene and participate in the proceedings had upon the appeal by filing with the court-- (A) a notice of intention to intervene and a verified statement showing the nature of the interest of the person; and (B) proof of service of true copies of the notice and statement described in subparagraph (A) upon-- (i) the appellant; and (ii) the Commission. (2) Interested party.--For purposes of paragraph (1), any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party. (e) Record and Briefs.--The record and briefs upon which an appeal described in subsection (a) shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner, as the court may by rule prescribe. (f) Time of Hearing; Procedure.--The court shall hear and determine an appeal described in subsection (a) upon the record before it in the manner prescribed by section 706 of title 5, United States Code. (g) Remand.--If the court renders a decision and enters an order reversing the order of the Commission-- (1) the court shall remand the case to the Commission to carry out the judgment of the court; and (2) the Commission, in the absence of proceedings to review the judgment under paragraph (1) or (2) of subsection (i), shall forthwith give effect to the judgment, and unless otherwise ordered by the court, shall do so upon the basis of-- (A) the proceedings already had; and (B) the record upon which the appeal was heard and determined. (h) Judgment for Costs.--The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in the appeal, but not against the Commission, depending upon the nature of the issues involved in the appeal and the outcome of the appeal. (i) Finality of Decision; Review by Supreme Court.--The judgment of a court of appeals under this section shall be final, subject to review by the Supreme Court of the United States-- (1) upon writ of certiorari on petition therefor under section 1254 of title 28, United States Code, by-- (A) the appellant; (B) the Commission; or (C) any interested party intervening in the appeal; or (2) by certification by the court of appeals under such section 1254. SEC. 17. REPORT TO CONGRESS. (a) In General.--Not earlier than 5 years after the date of enactment of this Act, the President shall establish an independent panel to-- (1) comprehensively study the policies, operations, and regulations of the Commission; and (2) submit an in-depth report to the congressional committees of jurisdiction, including the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, that includes-- (A) an evaluation of the effectiveness of the Commission in achieving the purposes under section 4(b); (B) recommended reforms to strengthen the Commission; and (C) a recommendation regarding whether the Commission should continue in effect. (b) Membership.--The independent panel established under subsection (a) shall consist of 10 members, of whom-- (1) 2 shall be appointed by the President; (2) 2 shall be appointed by the majority leader of the Senate; (3) 2 shall be appointed by the minority leader of the Senate; (4) 2 shall be appointed by the Speaker of the House of Representatives; and (5) 2 shall be appointed by the minority leader of the House of Representatives. SEC. 18. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission to carry out the functions of the Commission-- (1) $100,000,000 for fiscal year 2023; (2) $200,000,000 for fiscal year 2024; (3) $300,000,000 for fiscal year 2025; (4) $450,000,000 for fiscal year 2026; and (5) $500,000,000 for each of fiscal years 2027 through 2032. <all>

Digital Platform Commission Act of 2022

To establish a new Federal body to provide reasonable oversight and regulation of digital platforms.

Digital Platform Commission Act of 2022

Rep. Welch, Peter

D

VT

This bill establishes a commission to regulate digital platforms. These are online services that facilitate interactions between users and between users and entities (including online services) that offer goods and services. The bill provides the commission with rulemaking, investigative, and related authorities to regulate access to, competition among, and consumer protections for digital platforms. The bill also provides for administrative and judicial enforcement of the regulations. The commission must establish a council of technical experts, representatives of digital platforms, and other experts (e.g., representatives of nonprofit public interest groups and academics) to recommend standards for algorithmic processes and other policies. Additionally, the commission may designate systemically important digital platforms. The bill includes criteria for the commission to use when designating a platform as systemically important (e.g., whether its operations have significant nationwide economic, social, or political impacts). The President must appoint an independent panel to evaluate the commission after five years and recommend whether to extend the commission.

(a) Short Title.--This Act may be cited as the ``Digital Platform Commission Act of 2022''. 1. Establishment of Federal Digital Platform Commission. Jurisdiction. Organization and general powers. Code Council. Systemically important digital platforms. Merger review. Petitions. Research. Investigative authority. Enforcement by private persons and governmental entities. Report to Congress. Sec. 2. 3. (6) Online service.--The term ``online service'' includes a consumer-facing website, back-end online-support system, or other facilitator of online transactions and activities. 4. 5. 6. (c) Term.-- (1) In general.--A commissioner-- (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (E) Rules of conduct.--The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. 7. (4) Expert personnel.--The Commission shall prioritize, to the extent practicable, the hiring of staff with a demonstrated academic or professional background in computer science, data science, application development, technology policy, and other areas the Commission may determine necessary to perform its functions. (B) Compensation.--An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. 8. (d) Chair and Vice Chair.-- (1) In general.--There shall be a Chair and Vice Chair of the Council-- (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). 10. (B) Publication.-- (i) In general.--Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (D) Direct damage not required.--No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (a) Right To Appeal.--An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (c) Notice to Interested Parties; Filing of Record.-- (1) Notice to interested parties.--Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of-- (A) the filing; and (B) the pendency of the appeal. 18.

(a) Short Title.--This Act may be cited as the ``Digital Platform Commission Act of 2022''. 1. Establishment of Federal Digital Platform Commission. Jurisdiction. Code Council. Systemically important digital platforms. Merger review. Petitions. Research. Investigative authority. Enforcement by private persons and governmental entities. Report to Congress. Sec. 2. 3. 4. 5. 6. (c) Term.-- (1) In general.--A commissioner-- (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (E) Rules of conduct.--The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. 7. (B) Compensation.--An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. (d) Chair and Vice Chair.-- (1) In general.--There shall be a Chair and Vice Chair of the Council-- (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). (B) Publication.-- (i) In general.--Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (a) Right To Appeal.--An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (c) Notice to Interested Parties; Filing of Record.-- (1) Notice to interested parties.--Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of-- (A) the filing; and (B) the pendency of the appeal. 18.

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 ``Digital Platform Commission Act of 2022''. 1. Establishment of Federal Digital Platform Commission. Jurisdiction. Organization and general powers. Code Council. Rulemaking authority, requirements, and considerations. Systemically important digital platforms. Merger review. Petitions. Research. Investigative authority. Enforcement by private persons and governmental entities. Report to Congress. Sec. 2. 3. In this Act: (1) Algorithmic process.--The term ``algorithmic process'' means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner in which a set of information is provided, recommended to, or withheld from a user of a digital platform, including-- (A) the provision of commercial content; (B) the display of social media posts; (C) the display of search results or rankings; or (D) any other method of automated decision making, content selection, or content amplification. (C) Small digital platform businesses.-- (i) In general.--The term ``digital platform'' does not include a small digital platform business, except as provided in clause (iii). (6) Online service.--The term ``online service'' includes a consumer-facing website, back-end online-support system, or other facilitator of online transactions and activities. 4. 5. 6. (c) Term.-- (1) In general.--A commissioner-- (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (E) Rules of conduct.--The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. 7. (4) Expert personnel.--The Commission shall prioritize, to the extent practicable, the hiring of staff with a demonstrated academic or professional background in computer science, data science, application development, technology policy, and other areas the Commission may determine necessary to perform its functions. (4) Review.-- (A) In general.--In passing upon an application for review filed under paragraph (3), the Commission may grant, in whole or in part, or deny the application without specifying any reasons therefor. (B) Compensation.--An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. 8. (d) Chair and Vice Chair.-- (1) In general.--There shall be a Chair and Vice Chair of the Council-- (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). (B) Significant interest.--The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. 9. 10. (B) Publication.-- (i) In general.--Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (D) Direct damage not required.--No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. 16. (a) Right To Appeal.--An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (c) Notice to Interested Parties; Filing of Record.-- (1) Notice to interested parties.--Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of-- (A) the filing; and (B) the pendency of the appeal. 18. There are authorized to be appropriated to the Commission to carry out the functions of the Commission-- (1) $100,000,000 for fiscal year 2023; (2) $200,000,000 for fiscal year 2024; (3) $300,000,000 for fiscal year 2025; (4) $450,000,000 for fiscal year 2026; and (5) $500,000,000 for each of fiscal years 2027 through 2032.

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 ``Digital Platform Commission Act of 2022''. 1. Findings; sense of Congress. Establishment of Federal Digital Platform Commission. Jurisdiction. Organization and general powers. Code Council. Rulemaking authority, requirements, and considerations. Systemically important digital platforms. Merger review. Petitions. Research. Investigative authority. Enforcement by private persons and governmental entities. Report to Congress. Sec. Authorization of appropriations. 2. 3. In this Act: (1) Algorithmic process.--The term ``algorithmic process'' means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner in which a set of information is provided, recommended to, or withheld from a user of a digital platform, including-- (A) the provision of commercial content; (B) the display of social media posts; (C) the display of search results or rankings; or (D) any other method of automated decision making, content selection, or content amplification. (C) Small digital platform businesses.-- (i) In general.--The term ``digital platform'' does not include a small digital platform business, except as provided in clause (iii). (6) Online service.--The term ``online service'' includes a consumer-facing website, back-end online-support system, or other facilitator of online transactions and activities. 4. 5. 6. (c) Term.-- (1) In general.--A commissioner-- (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (E) Rules of conduct.--The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. (2) Conflict of interest.--No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. 7. (4) Expert personnel.--The Commission shall prioritize, to the extent practicable, the hiring of staff with a demonstrated academic or professional background in computer science, data science, application development, technology policy, and other areas the Commission may determine necessary to perform its functions. (4) Review.-- (A) In general.--In passing upon an application for review filed under paragraph (3), the Commission may grant, in whole or in part, or deny the application without specifying any reasons therefor. (B) Compensation.--An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. (3) Pay.--The Managing Director shall be paid at a rate equal to the rate then payable for grade 15 of the pay scale of the Securities and Exchange Commission. 8. (d) Chair and Vice Chair.-- (1) In general.--There shall be a Chair and Vice Chair of the Council-- (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). (3) Council examination and vote.--If the process described in paragraph (1) is initiated, the Council-- (A) shall consider and develop, if appropriate, a proposed behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms; (B) in considering and developing a proposed code, standard, or policy under subparagraph (A), shall-- (i) allow for submission of feedback by any interested party; and (ii) make available to the public a factual record, developed during the consideration and development of the proposed code, standard, or policy, that includes any submission received under clause (i); (C) not earlier than 180 days and not later than 360 days after the date on which the process is initiated, shall vote on whether to submit a recommendation for the proposed code, standard, or policy to the Commission; and (D) may submit minority views along with a recommendation under subparagraph (C), as appropriate. (B) Significant interest.--The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. 9. 10. 12. (B) Publication.-- (i) In general.--Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (D) Direct damage not required.--No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. 16. (a) Right To Appeal.--An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (c) Notice to Interested Parties; Filing of Record.-- (1) Notice to interested parties.--Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of-- (A) the filing; and (B) the pendency of the appeal. 17. 18. There are authorized to be appropriated to the Commission to carry out the functions of the Commission-- (1) $100,000,000 for fiscal year 2023; (2) $200,000,000 for fiscal year 2024; (3) $300,000,000 for fiscal year 2025; (4) $450,000,000 for fiscal year 2026; and (5) $500,000,000 for each of fiscal years 2027 through 2032.

H.R.3641

Education

Military Spouse Student Loan Deferment Act This bill allows certain military spouses to defer payment on their federal student loans for 90 days. Specifically, borrowers are eligible to receive this deferment if (1) their spouse is an active duty service member of the Armed Forces, (2) they have lost their employment due to a permanent change in duty station of their spouse, and (3) they provide certain documentation to the Department of Education. Loan interest shall not accrue during the deferment period.

To amend the Higher Education Act of 1965 to provide student loan deferment for dislocated military spouses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES. (a) In General.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Deferment for dislocated military spouses.-- ``(A) Duration and effect on principal and interest.--A borrower of a loan made, insured, or guaranteed under this part or part B who meets the requirements of subparagraph (B) shall be eligible for a deferment for a period of 90 days, during which periodic installments of principal need not be paid, and interest shall not accrue. ``(B) Eligibility.--A borrower of a loan made, insured, or guaranteed under this part or part B shall be eligible for a deferment under subparagraph (A) if the borrower-- ``(i) is the spouse of a member of the Armed Forces serving on active duty; and ``(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member. ``(C) Documentation and approval.-- ``(i) In general.--A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary-- ``(I) the documentation described in clause (ii); or ``(II) such other documentation as the Secretary determines appropriate. ``(ii) Documentation.--The documentation described in this clause is-- ``(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty; ``(II) evidence that a military permanent change of station order was issued to such member; and ``(III)(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or ``(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. <all>

Military Spouse Student Loan Deferment Act

To amend the Higher Education Act of 1965 to provide student loan deferment for dislocated military spouses, and for other purposes.

Military Spouse Student Loan Deferment Act

Rep. Stefanik, Elise M.

R

NY

This bill allows certain military spouses to defer payment on their federal student loans for 90 days. Specifically, borrowers are eligible to receive this deferment if (1) their spouse is an active duty service member of the Armed Forces, (2) they have lost their employment due to a permanent change in duty station of their spouse, and (3) they provide certain documentation to the Department of Education. Loan interest shall not accrue during the deferment period.

To amend the Higher Education Act of 1965 to provide student loan deferment for dislocated military spouses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES. (a) In General.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Deferment for dislocated military spouses.-- ``(A) Duration and effect on principal and interest.--A borrower of a loan made, insured, or guaranteed under this part or part B who meets the requirements of subparagraph (B) shall be eligible for a deferment for a period of 90 days, during which periodic installments of principal need not be paid, and interest shall not accrue. ``(B) Eligibility.--A borrower of a loan made, insured, or guaranteed under this part or part B shall be eligible for a deferment under subparagraph (A) if the borrower-- ``(i) is the spouse of a member of the Armed Forces serving on active duty; and ``(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member. ``(C) Documentation and approval.-- ``(i) In general.--A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary-- ``(I) the documentation described in clause (ii); or ``(II) such other documentation as the Secretary determines appropriate. ``(ii) Documentation.--The documentation described in this clause is-- ``(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty; ``(II) evidence that a military permanent change of station order was issued to such member; and ``(III)(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or ``(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. <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. 2. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES. (a) In General.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Deferment for dislocated military spouses.-- ``(A) Duration and effect on principal and interest.--A borrower of a loan made, insured, or guaranteed under this part or part B who meets the requirements of subparagraph (B) shall be eligible for a deferment for a period of 90 days, during which periodic installments of principal need not be paid, and interest shall not accrue. ``(B) Eligibility.--A borrower of a loan made, insured, or guaranteed under this part or part B shall be eligible for a deferment under subparagraph (A) if the borrower-- ``(i) is the spouse of a member of the Armed Forces serving on active duty; and ``(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member. ``(C) Documentation and approval.-- ``(i) In general.--A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary-- ``(I) the documentation described in clause (ii); or ``(II) such other documentation as the Secretary determines appropriate. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act.

To amend the Higher Education Act of 1965 to provide student loan deferment for dislocated military spouses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES. (a) In General.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Deferment for dislocated military spouses.-- ``(A) Duration and effect on principal and interest.--A borrower of a loan made, insured, or guaranteed under this part or part B who meets the requirements of subparagraph (B) shall be eligible for a deferment for a period of 90 days, during which periodic installments of principal need not be paid, and interest shall not accrue. ``(B) Eligibility.--A borrower of a loan made, insured, or guaranteed under this part or part B shall be eligible for a deferment under subparagraph (A) if the borrower-- ``(i) is the spouse of a member of the Armed Forces serving on active duty; and ``(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member. ``(C) Documentation and approval.-- ``(i) In general.--A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary-- ``(I) the documentation described in clause (ii); or ``(II) such other documentation as the Secretary determines appropriate. ``(ii) Documentation.--The documentation described in this clause is-- ``(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty; ``(II) evidence that a military permanent change of station order was issued to such member; and ``(III)(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or ``(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. <all>

To amend the Higher Education Act of 1965 to provide student loan deferment for dislocated military spouses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES. (a) In General.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Deferment for dislocated military spouses.-- ``(A) Duration and effect on principal and interest.--A borrower of a loan made, insured, or guaranteed under this part or part B who meets the requirements of subparagraph (B) shall be eligible for a deferment for a period of 90 days, during which periodic installments of principal need not be paid, and interest shall not accrue. ``(B) Eligibility.--A borrower of a loan made, insured, or guaranteed under this part or part B shall be eligible for a deferment under subparagraph (A) if the borrower-- ``(i) is the spouse of a member of the Armed Forces serving on active duty; and ``(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member. ``(C) Documentation and approval.-- ``(i) In general.--A borrower may establish eligibility for a deferment under subparagraph (A) by providing to the Secretary-- ``(I) the documentation described in clause (ii); or ``(II) such other documentation as the Secretary determines appropriate. ``(ii) Documentation.--The documentation described in this clause is-- ``(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty; ``(II) evidence that a military permanent change of station order was issued to such member; and ``(III)(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employment resulting from relocation to accommodate such permanent change in duty station; or ``(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. <all>

H.R.3592

Environmental Protection

Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act or the Adopt GREET Act This bill requires the Environmental Protection Agency (EPA) to update the methodology used in life-cycle analyses of greenhouse gas emissions that result from the production and use of corn-based ethanol and biodiesel fuel. The EPA must update its methodology within 90 days and every five years thereafter. In the first update, the EPA must adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the GREET model) developed by Argonne National Laboratory.

To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act'' or the ``Adopt GREET Act''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED ETHANOL AND BIODIESEL. (a) In General.--Subject to subsection (b), not later than 90 days after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall update the methodology used by the Environmental Protection Agency in lifecycle analyses with respect to greenhouse gas emissions that result from corn-based ethanol and biodiesel. (b) Requirements.-- (1) First update.--In carrying out the first update required under subsection (a), the Administrator shall adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the ``GREET model'') developed by Argonne National Laboratory. (2) Subsequent updates.--In carrying out the second and each subsequent update required under subsection (a), the Administrator shall-- (A) as necessary, adopt, review, or update a methodology determined to be appropriate by the Administrator; or (B) adopt the methodology described in paragraph (1). (c) Report.--If the Administrator fails to carry out subsection (b)(2) before the applicable deadline described in subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report describing the reasons for the failure to carry out subsection (b)(2), which may include a determination by the Administrator that the methodology adopted or updated in a previous update under subsection (a) remains the most current methodology based on available data, research, and technology. <all>

Adopt GREET Act

To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes.

Adopt GREET Act Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act

Rep. Johnson, Dusty

R

SD

This bill requires the Environmental Protection Agency (EPA) to update the methodology used in life-cycle analyses of greenhouse gas emissions that result from the production and use of corn-based ethanol and biodiesel fuel. The EPA must update its methodology within 90 days and every five years thereafter. In the first update, the EPA must adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the GREET model) developed by Argonne National Laboratory.

To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act'' or the ``Adopt GREET Act''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED ETHANOL AND BIODIESEL. (a) In General.--Subject to subsection (b), not later than 90 days after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall update the methodology used by the Environmental Protection Agency in lifecycle analyses with respect to greenhouse gas emissions that result from corn-based ethanol and biodiesel. (b) Requirements.-- (1) First update.--In carrying out the first update required under subsection (a), the Administrator shall adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the ``GREET model'') developed by Argonne National Laboratory. (2) Subsequent updates.--In carrying out the second and each subsequent update required under subsection (a), the Administrator shall-- (A) as necessary, adopt, review, or update a methodology determined to be appropriate by the Administrator; or (B) adopt the methodology described in paragraph (1). (c) Report.--If the Administrator fails to carry out subsection (b)(2) before the applicable deadline described in subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report describing the reasons for the failure to carry out subsection (b)(2), which may include a determination by the Administrator that the methodology adopted or updated in a previous update under subsection (a) remains the most current methodology based on available data, research, and technology. <all>

To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act'' or the ``Adopt GREET Act''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED ETHANOL AND BIODIESEL. (a) In General.--Subject to subsection (b), not later than 90 days after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall update the methodology used by the Environmental Protection Agency in lifecycle analyses with respect to greenhouse gas emissions that result from corn-based ethanol and biodiesel. (b) Requirements.-- (1) First update.--In carrying out the first update required under subsection (a), the Administrator shall adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the ``GREET model'') developed by Argonne National Laboratory. (2) Subsequent updates.--In carrying out the second and each subsequent update required under subsection (a), the Administrator shall-- (A) as necessary, adopt, review, or update a methodology determined to be appropriate by the Administrator; or (B) adopt the methodology described in paragraph (1). (c) Report.--If the Administrator fails to carry out subsection (b)(2) before the applicable deadline described in subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report describing the reasons for the failure to carry out subsection (b)(2), which may include a determination by the Administrator that the methodology adopted or updated in a previous update under subsection (a) remains the most current methodology based on available data, research, and technology. <all>

To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act'' or the ``Adopt GREET Act''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED ETHANOL AND BIODIESEL. (a) In General.--Subject to subsection (b), not later than 90 days after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall update the methodology used by the Environmental Protection Agency in lifecycle analyses with respect to greenhouse gas emissions that result from corn-based ethanol and biodiesel. (b) Requirements.-- (1) First update.--In carrying out the first update required under subsection (a), the Administrator shall adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the ``GREET model'') developed by Argonne National Laboratory. (2) Subsequent updates.--In carrying out the second and each subsequent update required under subsection (a), the Administrator shall-- (A) as necessary, adopt, review, or update a methodology determined to be appropriate by the Administrator; or (B) adopt the methodology described in paragraph (1). (c) Report.--If the Administrator fails to carry out subsection (b)(2) before the applicable deadline described in subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report describing the reasons for the failure to carry out subsection (b)(2), which may include a determination by the Administrator that the methodology adopted or updated in a previous update under subsection (a) remains the most current methodology based on available data, research, and technology. <all>

To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act'' or the ``Adopt GREET Act''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED ETHANOL AND BIODIESEL. (a) In General.--Subject to subsection (b), not later than 90 days after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall update the methodology used by the Environmental Protection Agency in lifecycle analyses with respect to greenhouse gas emissions that result from corn-based ethanol and biodiesel. (b) Requirements.-- (1) First update.--In carrying out the first update required under subsection (a), the Administrator shall adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the ``GREET model'') developed by Argonne National Laboratory. (2) Subsequent updates.--In carrying out the second and each subsequent update required under subsection (a), the Administrator shall-- (A) as necessary, adopt, review, or update a methodology determined to be appropriate by the Administrator; or (B) adopt the methodology described in paragraph (1). (c) Report.--If the Administrator fails to carry out subsection (b)(2) before the applicable deadline described in subsection (a), the Administrator shall submit to the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Environment and Public Works of the Senate and the Committees on Agriculture, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report describing the reasons for the failure to carry out subsection (b)(2), which may include a determination by the Administrator that the methodology adopted or updated in a previous update under subsection (a) remains the most current methodology based on available data, research, and technology. <all>

S.3233

International Affairs

Clean Cooking Support Act This bill provides for a way of increasing the number of clean cookstoves and fuels for household, institutional, or commercial use throughout the world. The Department of State and the U.S. Agency for International Development (USAID) shall jointly establish the Clean Cooking Interagency Working Group to assist with overseeing the planning, management, and coordination of initiatives to increase the number of clean cookstoves and fuels worldwide. The State Department, USAID, the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, and the Environmental Protection Agency shall work with the Clean Cooking Alliance to carry out clean cooking activities that relate to the missions of such departments or agencies.

To help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money. Be it enacted by the Senate 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 Cooking Support Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Almost 3,000,000,000 people, representing more than one-third of the global population, rely on open fires or inefficient, polluting, and unsafe cookstoves using wood, charcoal, kerosene, agricultural waste, animal dung, coal, or other fuels. The majority of people using these types of cookstoves and fuels are in developing countries in Asia, Africa, and Latin America. (2) Smoke from the use of traditional cookstoves and open fires contribute to household air pollution that causes illnesses that disproportionately affect women and young children. Such illnesses include low birth weight, pneumonia, cardiovascular disease, chronic obstructive pulmonary disease, lung cancer, and other respiratory illnesses. (3) The household air pollution caused by traditional cookstoves and open fires claims 4,000,000 premature deaths annually, including 400,000 children younger than 5 years of age, most of whom live in sub-Saharan Africa. Household air pollution does not remain in the home and contributes to more than 10 percent of global ambient air pollution. In some countries, such as Nepal, household air pollution contributes to more than 30 percent of ambient air pollution. In 2019, more than 600,000 deaths were attributed to ambient air pollution stemming from the household combustion of solid fuels. (4) According to the World Health Organization, the large- scale use of wood, charcoal, and kerosene for traditional cooking fuel accounts for 1.5-3.0 percent of global CO<INF>2</INF> emissions, which is a significant contributor to air pollution. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to reduce the adverse effects of household energy use in its foreign assistance programs and activities, as appropriate, including through-- (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves and fuels to help ensure minimum standards for efficiency and emissions to lower health and environmental impacts; (2) diplomatic engagement to encourage a commercial market for clean cookstoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing and other investment, and foster women-owned businesses along the entire business value chain; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean cookstoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term humanitarian and empowerment programs aimed at assisting women, girls, and other vulnerable populations; (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of clean cookstoves and fuels; (6) dissemination of cookstove standards to lower environmental and health impacts associated with cook stoves through the International Organization for Standardization process for household, institutional, or commercial use; and (7) political engagement with low-to-middle-income countries to include cookstove and household energy emission reduction goals in their Nationally Determined Contributions (NDCs), guidance on implementation of the NDCs, and monitoring and verification frameworks. SEC. 4. CLEAN COOKING INTERAGENCY WORKING GROUP. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly establish the Clean Cooking Interagency Working Group (referred to in this section as the ``Working Group''), consisting of representatives from the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, the Environmental Protection Agency, and any other Federal agency that the Secretary and the Administrator may designate to assist with overseeing the planning, management, and coordination of initiatives to increase the number of clean cookstoves and fuels worldwide. (b) Responsibilities.--The Working Group shall-- (1) establish goals and priorities for increasing the number of clean cookstoves and fuels worldwide; and (2) provide for interagency coordination, including budget coordination, of activities under this Act. (c) Governance.--The Secretary of State and the Administrator of United States Agency for International Development, or their designees, shall serve as co-chairs of the Working Group. (d) Meetings.--Members of the Working Group shall meet not later than 90 days after the Working Group is established pursuant to subsection (a), and quarterly thereafter, to carry out the responsibilities described in subsection (b). SEC. 5. CLEAN COOKING PROGRAM. (a) Department of State; United States Agency for International Development.--The Secretary of State and the Administrator of the United States Agency for International Development shall work with the Clean Cooking Alliance, founded in 2010-- (1) to engage in a wide range of diplomatic activities, including with countries across the globe and with United States embassies abroad, to support activities of the Clean Cooking Alliance and the clean cookstoves and fuels sector; (2) to continue the clean cooking initiatives supported by the Climate and Clean Air Coalition, an intergovernmental organization formed in 2012, to reduce emissions of climate pollutants; (3) to advance programs that support the adoption of affordable cookstoves that require less fuel to meet household energy needs and release fewer pollutants, as a means to improve health, reduce environmental degradation, mitigate climate change, foster economic growth, and empower women; and (4) to carry out other activities authorized under this Act. (b) Department of Energy.--The Secretary of Energy shall work with the Clean Cooking Alliance-- (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low- emission, high-efficiency energy sources; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities authorized under this Act. (c) National Institutes of Health.--The Director of the National Institutes of Health shall work with the Clean Cooking Alliance-- (1) to support health research and training to improve the health and lives of those at risk from household burning of solid fuels, including-- (A) dedicated resources for research on household air pollution to ensure adoption of life-saving interventions and policy formulation; and (B) regional network research and training hubs in global environmental health and occupational health with a household air pollution focus; and (2) to carry out other activities authorized under this Act. (d) Centers for Disease Control and Prevention.--The Director of the Centers for Disease Control and Prevention shall work with the Clean Cooking Alliance-- (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of rudimentary cookstoves and open fires; and (3) to carry out other activities authorized under this Act. (e) Environmental Protection Agency.--The Administrator of the Environmental Protection Agency shall work with the Clean Cooking Alliance-- (1) to conduct cookstove and fuel testing and evaluation in the lab and in the field, including by-- (A) evaluating energy efficiency and air pollutant emissions that impact human health and the environment; (B) building the capacity of regional stove testing and knowledge centers around the world; and (C) developing international standards regarding fuel use, emissions, and safety of cookstoves and fuels; (2) to conduct climate, health, and air quality research, including with United States institutions of higher education, regarding the air quality and climatic benefits of interventions for cookstoves and residential burning, and to continue the clean cooking initiatives supported by the Climate and Clean Air Coalition to reduce emissions of climate pollutants; (3) to provide technical and policy expertise and to help the Clean Cooking Alliance align with ongoing international efforts in the field; and (4) to carry out other activities authorized under this Act. (f) Other Federal Agencies.--Other Federal agencies may engage with the Clean Cooking Alliance or other agencies, as appropriate, to further the policy described in section 3. SEC. 6. REPORTING REQUIREMENTS. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (b) Annual Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees that describes the progress made to further the policy described in section 3. (c) Information Included in Reports.--Each report submitted pursuant to subsection (b) shall include-- (1) the indicators used by the Department of State and each Federal agency participating in the interagency working group established pursuant to section 4(a) to monitor and evaluate the progress made by each such agency to further the policy described in section 3; (2) data pertaining to populations served in United States Government-funded cookstoves and fuels programming; (3) information regarding United States Government investments in clean cookstoves and fuels programming, including funding that has been planned, appropriated, obligated, or expended during the most recently concluded fiscal year and cumulatively for the 5 most recently concluded fiscal years; and (4) information regarding the progress made toward increasing collaboration among Federal agencies to further the policy described in section 3, including interagency research efforts and collaboration with international research partners. (d) Public Availability.--The President shall make the report required under subsection (b) available to the public. SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. There are authorized to be appropriated for fiscal years 2022 through 2027 such sums as may be necessary to carry out this Act. <all>

Clean Cooking Support Act

A bill to help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money.

Clean Cooking Support Act

Sen. Collins, Susan M.

R

ME

This bill provides for a way of increasing the number of clean cookstoves and fuels for household, institutional, or commercial use throughout the world. The Department of State and the U.S. Agency for International Development (USAID) shall jointly establish the Clean Cooking Interagency Working Group to assist with overseeing the planning, management, and coordination of initiatives to increase the number of clean cookstoves and fuels worldwide. The State Department, USAID, the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, and the Environmental Protection Agency shall work with the Clean Cooking Alliance to carry out clean cooking activities that relate to the missions of such departments or agencies.

To help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money. 2. FINDINGS. (3) The household air pollution caused by traditional cookstoves and open fires claims 4,000,000 premature deaths annually, including 400,000 children younger than 5 years of age, most of whom live in sub-Saharan Africa. In some countries, such as Nepal, household air pollution contributes to more than 30 percent of ambient air pollution. 3. STATEMENT OF POLICY. 4. (c) Governance.--The Secretary of State and the Administrator of United States Agency for International Development, or their designees, shall serve as co-chairs of the Working Group. (d) Meetings.--Members of the Working Group shall meet not later than 90 days after the Working Group is established pursuant to subsection (a), and quarterly thereafter, to carry out the responsibilities described in subsection (b). 5. CLEAN COOKING PROGRAM. (b) Department of Energy.--The Secretary of Energy shall work with the Clean Cooking Alliance-- (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low- emission, high-efficiency energy sources; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities authorized under this Act. (d) Centers for Disease Control and Prevention.--The Director of the Centers for Disease Control and Prevention shall work with the Clean Cooking Alliance-- (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of rudimentary cookstoves and open fires; and (3) to carry out other activities authorized under this Act. 6. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 7.

To help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money. 2. FINDINGS. (3) The household air pollution caused by traditional cookstoves and open fires claims 4,000,000 premature deaths annually, including 400,000 children younger than 5 years of age, most of whom live in sub-Saharan Africa. In some countries, such as Nepal, household air pollution contributes to more than 30 percent of ambient air pollution. 3. STATEMENT OF POLICY. 4. (c) Governance.--The Secretary of State and the Administrator of United States Agency for International Development, or their designees, shall serve as co-chairs of the Working Group. 5. CLEAN COOKING PROGRAM. (b) Department of Energy.--The Secretary of Energy shall work with the Clean Cooking Alliance-- (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low- emission, high-efficiency energy sources; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities authorized under this Act. (d) Centers for Disease Control and Prevention.--The Director of the Centers for Disease Control and Prevention shall work with the Clean Cooking Alliance-- (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of rudimentary cookstoves and open fires; and (3) to carry out other activities authorized under this Act. 6. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 7.

To help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money. 2. FINDINGS. (3) The household air pollution caused by traditional cookstoves and open fires claims 4,000,000 premature deaths annually, including 400,000 children younger than 5 years of age, most of whom live in sub-Saharan Africa. In some countries, such as Nepal, household air pollution contributes to more than 30 percent of ambient air pollution. 3. STATEMENT OF POLICY. 4. (c) Governance.--The Secretary of State and the Administrator of United States Agency for International Development, or their designees, shall serve as co-chairs of the Working Group. (d) Meetings.--Members of the Working Group shall meet not later than 90 days after the Working Group is established pursuant to subsection (a), and quarterly thereafter, to carry out the responsibilities described in subsection (b). 5. CLEAN COOKING PROGRAM. (b) Department of Energy.--The Secretary of Energy shall work with the Clean Cooking Alliance-- (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low- emission, high-efficiency energy sources; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities authorized under this Act. (d) Centers for Disease Control and Prevention.--The Director of the Centers for Disease Control and Prevention shall work with the Clean Cooking Alliance-- (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of rudimentary cookstoves and open fires; and (3) to carry out other activities authorized under this Act. 6. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (c) Information Included in Reports.--Each report submitted pursuant to subsection (b) shall include-- (1) the indicators used by the Department of State and each Federal agency participating in the interagency working group established pursuant to section 4(a) to monitor and evaluate the progress made by each such agency to further the policy described in section 3; (2) data pertaining to populations served in United States Government-funded cookstoves and fuels programming; (3) information regarding United States Government investments in clean cookstoves and fuels programming, including funding that has been planned, appropriated, obligated, or expended during the most recently concluded fiscal year and cumulatively for the 5 most recently concluded fiscal years; and (4) information regarding the progress made toward increasing collaboration among Federal agencies to further the policy described in section 3, including interagency research efforts and collaboration with international research partners. SEC. 7.

To help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money. SHORT TITLE. 2. FINDINGS. Congress makes the following findings: (1) Almost 3,000,000,000 people, representing more than one-third of the global population, rely on open fires or inefficient, polluting, and unsafe cookstoves using wood, charcoal, kerosene, agricultural waste, animal dung, coal, or other fuels. Such illnesses include low birth weight, pneumonia, cardiovascular disease, chronic obstructive pulmonary disease, lung cancer, and other respiratory illnesses. (3) The household air pollution caused by traditional cookstoves and open fires claims 4,000,000 premature deaths annually, including 400,000 children younger than 5 years of age, most of whom live in sub-Saharan Africa. In some countries, such as Nepal, household air pollution contributes to more than 30 percent of ambient air pollution. 3. STATEMENT OF POLICY. It is the policy of the United States to reduce the adverse effects of household energy use in its foreign assistance programs and activities, as appropriate, including through-- (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves and fuels to help ensure minimum standards for efficiency and emissions to lower health and environmental impacts; (2) diplomatic engagement to encourage a commercial market for clean cookstoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing and other investment, and foster women-owned businesses along the entire business value chain; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean cookstoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term humanitarian and empowerment programs aimed at assisting women, girls, and other vulnerable populations; (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of clean cookstoves and fuels; (6) dissemination of cookstove standards to lower environmental and health impacts associated with cook stoves through the International Organization for Standardization process for household, institutional, or commercial use; and (7) political engagement with low-to-middle-income countries to include cookstove and household energy emission reduction goals in their Nationally Determined Contributions (NDCs), guidance on implementation of the NDCs, and monitoring and verification frameworks. 4. (b) Responsibilities.--The Working Group shall-- (1) establish goals and priorities for increasing the number of clean cookstoves and fuels worldwide; and (2) provide for interagency coordination, including budget coordination, of activities under this Act. (c) Governance.--The Secretary of State and the Administrator of United States Agency for International Development, or their designees, shall serve as co-chairs of the Working Group. (d) Meetings.--Members of the Working Group shall meet not later than 90 days after the Working Group is established pursuant to subsection (a), and quarterly thereafter, to carry out the responsibilities described in subsection (b). 5. CLEAN COOKING PROGRAM. (b) Department of Energy.--The Secretary of Energy shall work with the Clean Cooking Alliance-- (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low- emission, high-efficiency energy sources; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities authorized under this Act. (c) National Institutes of Health.--The Director of the National Institutes of Health shall work with the Clean Cooking Alliance-- (1) to support health research and training to improve the health and lives of those at risk from household burning of solid fuels, including-- (A) dedicated resources for research on household air pollution to ensure adoption of life-saving interventions and policy formulation; and (B) regional network research and training hubs in global environmental health and occupational health with a household air pollution focus; and (2) to carry out other activities authorized under this Act. (d) Centers for Disease Control and Prevention.--The Director of the Centers for Disease Control and Prevention shall work with the Clean Cooking Alliance-- (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of rudimentary cookstoves and open fires; and (3) to carry out other activities authorized under this Act. 6. REPORTING REQUIREMENTS. (a) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (c) Information Included in Reports.--Each report submitted pursuant to subsection (b) shall include-- (1) the indicators used by the Department of State and each Federal agency participating in the interagency working group established pursuant to section 4(a) to monitor and evaluate the progress made by each such agency to further the policy described in section 3; (2) data pertaining to populations served in United States Government-funded cookstoves and fuels programming; (3) information regarding United States Government investments in clean cookstoves and fuels programming, including funding that has been planned, appropriated, obligated, or expended during the most recently concluded fiscal year and cumulatively for the 5 most recently concluded fiscal years; and (4) information regarding the progress made toward increasing collaboration among Federal agencies to further the policy described in section 3, including interagency research efforts and collaboration with international research partners. SEC. 7. There are authorized to be appropriated for fiscal years 2022 through 2027 such sums as may be necessary to carry out this Act.

S.1090

Finance and Financial Sector

Repeal CFPB Act This bill repeals the Consumer Financial Protection Act of 2010, which established the Consumer Financial Protection Bureau.

To eliminate the Bureau of Consumer Financial 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 ``Repeal CFPB Act''. SEC. 2. REPEAL. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is repealed, and the provisions of law amended or repealed by that Act are restored or revived as if the Act had not been enacted. <all>

Repeal CFPB Act

A bill to eliminate the Bureau of Consumer Financial Protection.

Repeal CFPB Act

Sen. Cruz, Ted

R

TX

This bill repeals the Consumer Financial Protection Act of 2010, which established the Consumer Financial Protection Bureau.

To eliminate the Bureau of Consumer Financial 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 ``Repeal CFPB Act''. SEC. 2. REPEAL. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is repealed, and the provisions of law amended or repealed by that Act are restored or revived as if the Act had not been enacted. <all>

To eliminate the Bureau of Consumer Financial 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 ``Repeal CFPB Act''. SEC. 2. REPEAL. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is repealed, and the provisions of law amended or repealed by that Act are restored or revived as if the Act had not been enacted. <all>

To eliminate the Bureau of Consumer Financial 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 ``Repeal CFPB Act''. SEC. 2. REPEAL. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is repealed, and the provisions of law amended or repealed by that Act are restored or revived as if the Act had not been enacted. <all>

To eliminate the Bureau of Consumer Financial 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 ``Repeal CFPB Act''. SEC. 2. REPEAL. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is repealed, and the provisions of law amended or repealed by that Act are restored or revived as if the Act had not been enacted. <all>

S.4023

Taxation

Lifelong Learning and Training Account Act of 2021 This bill establishes tax-exempt savings accounts that may be used to pay for training expenses and will be managed by state programs known as Lifelong Learning and Training Account programs. Tax-exempt distributions from an account may be used for training that results in a recognized postsecondary credential, such as an industry-recognized certificate or certification, a license recognized by the federal government or a state, or an associate or baccalaureate degree. The bill specifies contribution limits, age restrictions, and income limits that apply to beneficiaries of the accounts. Accounts that meet the requirements are eligible to receive certain federal matching funds for contributions made by the beneficiary or an employer.

To amend the Internal Revenue Code of 1986 to establish Lifelong Learning and Training Account programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifelong Learning and Training Account Act of 2021''. SEC. 2. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 530 the following new section: ``SEC. 530A. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS. ``(a) In General.--A Lifelong Learning and Training Account program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511. ``(b) Lifelong Learning and Training Account Program.--For purposes of this section-- ``(1) In general.--The term `Lifelong Learning and Training Account program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which the designated beneficiary of the account or their employer may make contributions to an account which is established for the purpose of meeting the qualified training expenditures of such beneficiary, and ``(B) which meets the other requirements of this section. ``(2) Qualified trust.--Except to the extent provided in regulations, a program shall not be treated as a Lifelong Learning and Training Account program unless such program provides that amounts are held in a qualified trust and such program has received a ruling or determination by the Secretary that such program meets the applicable requirements for a Lifelong Learning and Training Account program. For purposes of the preceding sentence, the term `qualified trust' means a trust which is created or organized in the United States for the exclusive benefit of designated beneficiaries and with respect to which the requirements of paragraphs (2) and (5) of section 408(a) are met. ``(3) Requirements.-- ``(A) In general.--A program shall not be treated as a Lifelong Learning and Training Account program unless it provides-- ``(i) that contributions may only be made in cash, ``(ii) separate accounting for each designated beneficiary, ``(iii) that no interest in the program or any portion thereof may be used as security for a loan, ``(iv) that no contributions may be made on behalf of a designated beneficiary-- ``(I) in excess of $2,000 during any calendar year, ``(II) if the total amount in the account of such beneficiary is in excess of $15,000, or ``(III) during any calendar year which begins after such beneficiary attains 57 years of age, ``(v) that any distribution shall be made in accordance with the requirements under subparagraphs (B) and (C), and ``(vi) that required distributions shall be made in accordance with paragraph (6). ``(B) Method of distribution.-- ``(i) In general.--For purposes of any distribution from the account of a designated beneficiary under a Lifelong Learning and Training Account program-- ``(I) the applicable amount of such distribution shall be drawn from amounts transferred to the account of the designated beneficiary pursuant to paragraph (4) and any earnings thereon, and ``(II) after application of subclause (I), the remainder of such distribution shall be drawn from amounts contributed by the designated beneficiary or their employer and any earnings thereon. ``(ii) Applicable amount.--For purposes of clause (i)(I), the applicable amount shall be an amount equal to the lesser of-- ``(I) 50 percent of the amount of the distribution, or ``(II) the total amount of any available funds in the account of the designated beneficiary which were transferred pursuant to paragraph (4) and any earnings thereon. ``(iii) Other methods.--The Secretary may amend, alter, or supplement the distribution requirements under this subparagraph in such manner as the Secretary deems appropriate. ``(C) Reporting.--For purposes of any distribution from the account of a designated beneficiary under a Lifelong Learning and Training Account program, the administrator shall provide the beneficiary and the Secretary with such information as the Secretary deems appropriate, including-- ``(i) the amount of such distribution, including the applicable amount of such distribution (as described in subparagraph (B)(ii)), and ``(ii) whether such distribution was provided-- ``(I) directly to the program described in clauses (i) through (iii) of subsection (e)(5)(A) which provides training to the beneficiary, or ``(II) to reimburse the beneficiary for any qualified training expenditures incurred by such beneficiary. ``(4) Matching funds.-- ``(A) Transfer to beneficiary account.-- ``(i) In general.--Out of any moneys in the Treasury not otherwise appropriated, the Secretary shall transfer to the account of any designated beneficiary under a Lifelong Learning and Training Account program an amount equal to any amounts contributed to such account by such beneficiary or their employer which occur during any calendar year which begins after the date on which such beneficiary attains 24 years of age. ``(ii) Limitation.--Any amounts transferred by the Secretary to the account of any designated beneficiary pursuant to clause (i) during any calendar year-- ``(I) shall not exceed $1,000, and ``(II) shall not be subject to the limitation under paragraph (3)(A)(iv)(I). ``(B) Deposit of matching funds.--Any amounts required to be transferred to the account of a designated beneficiary under subparagraph (A) shall be transferred by the Secretary as soon as is practicable following any contribution to such account by such beneficiary or their employer. ``(C) Reduction in matching funds.-- ``(i) In general.--For each applicable taxable year, the dollar amount in subparagraph (A)(ii)(I) shall be reduced (but not below zero) by an amount equal to the greater of-- ``(I) an amount which bears the same ratio to such dollar amount as-- ``(aa) the amount (not less than zero) equal to the adjusted gross income of the taxpayer for the applicable taxable year minus $72,000, bears to ``(bb) $10,000, or ``(II) an amount which bears the same ratio to such dollar amount as-- ``(aa) the amount (not less than zero) equal to the earned income (as described in section 32(c)(2)) of the designated beneficiary for the applicable taxable year minus $72,000, bears to ``(bb) $10,000. ``(ii) Married individuals.--In the case of a designated beneficiary who is married (within the meaning of section 7703)-- ``(I) if such beneficiary has filed a joint return for the applicable taxable year, each of the dollar amounts under clause (i)(I) shall be doubled for such year, or ``(II) if such beneficiary has not filed a joint return for the applicable taxable year, the dollar amount in subparagraph (A)(ii)(I) shall be reduced to zero for such year. ``(iii) Applicable taxable year.--For purposes of this subparagraph, the term `applicable taxable year' means the taxable year in which the transfer described in subparagraph (A)(i) is made to the account of the designated beneficiary. ``(iv) Excess transfers.--If the total amount of any transfers made to the account of a designated beneficiary pursuant to subparagraph (A)(i) during an applicable taxable year exceeds the dollar amount under subparagraph (A)(ii)(I) (after application of clauses (i) and (ii)) for such taxable year, the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess. ``(D) Distribution of matching funds.-- ``(i) In general.--Any distribution under a Lifelong Learning and Training Account program made from amounts transferred pursuant to this paragraph shall be made by the administrator-- ``(I) directly to the program described in clauses (i) through (iii) of subsection (e)(5)(A) which provides training to the designated beneficiary, or ``(II) to reimburse the designated beneficiary for any qualified training expenditures incurred by such beneficiary, provided that the beneficiary has provided the administrator with such documentation as is deemed necessary to ensure compliance with clause (ii). ``(ii) Prohibition.--No amounts transferred pursuant to this paragraph to any account of a designated beneficiary under a Lifelong Learning and Training Account program may be distributed for any purpose other than for payment or reimbursement of qualified training expenditures. ``(E) Additional reduction for non-qualified distributions.--For purposes of any amount of a distribution under a Lifelong Learning and Training Account program which is includible in the gross income of the designated beneficiary, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall also be reduced by such amount. ``(F) Rescission of matching funds.--On January 1 of the applicable calendar year, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall be reduced to zero. ``(5) Investment.-- ``(A) In general.--Any contributions or transfers to a Lifelong Learning and Training Account program (and any earnings thereon) shall be invested by the administrator in United States Treasury securities with a maturity date of not greater than 10 years. ``(B) Secretarial authority.--The Secretary may prescribe such regulations, rules, or other guidance as may be necessary or appropriate for purposes of applying this paragraph. ``(6) Required distributions.--On January 1 of the applicable calendar year, the total amount of available funds in the account of the designated beneficiary which were contributed by the designated beneficiary or their employer (and any earnings thereon) shall be distributed to such beneficiary. ``(c) Tax Treatment.-- ``(1) In general.--Except as otherwise provided in this subsection, no amount shall be includible in gross income of-- ``(A) a designated beneficiary under a Lifelong Learning and Training Account program, or ``(B) an employer of such beneficiary that contributes to such program on behalf of such beneficiary, with respect to any distribution or earnings under such program. ``(2) Distributions.-- ``(A) In general.--Any distribution under a Lifelong Learning and Training Account program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. ``(B) Distributions for qualified training expenditures.-- ``(i) In general.--In the case of any distributions, if such distributions do not exceed the qualified training expenditures of the designated beneficiary, no amount shall be includible in gross income. ``(ii) Coordination with other credits.-- For purposes of determining the credit allowed under section 25A, no distribution under a Lifelong Learning and Training Account program shall be included as qualified tuition and related expenses under such section. ``(C) Change in beneficiaries or programs.-- ``(i) Rollovers.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred-- ``(I) to another Lifelong Learning and Training Account program for the benefit of the designated beneficiary, or ``(II) to the credit of another designated beneficiary under a Lifelong Learning and Training Account program who is a member of the family of the designated beneficiary with respect to which the distribution was made. ``(ii) Change in designated beneficiaries.--Any change in the designated beneficiary of an interest in a Lifelong Learning and Training Account program shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is a member of the family of the old beneficiary. ``(iii) Limitation on certain rollovers.-- Clause (i)(I) shall not apply to any transfer if such transfer occurs within 12 months from the date of a previous transfer to any Lifelong Learning and Training Account program for the benefit of the designated beneficiary. ``(iv) Matching funds forfeited.--In the case of any transfer described in clause (i)(II) or any change in the designated beneficiary of an interest in a Lifelong Learning and Training Account program (with the exception of any change due to the death of the old beneficiary), any amounts transferred to the account of the designated beneficiary under subsection (b)(4), and any earnings thereon, shall be reduced (but not below zero) by an amount equal to the total amount transferred to any account of any other beneficiary. ``(D) Special rule for contributions of refunded amounts.--In the case of a beneficiary who receives a refund of any qualified training expenditures from any program described in clauses (i) through (iii) of subsection (e)(5)(A), subparagraph (A) shall not apply to that portion of any distribution for the taxable year which is recontributed to a Lifelong Learning and Training Account program of which such individual is a beneficiary, but only to the extent such recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount. ``(3) Estate tax treatment.-- ``(A) In general.--No amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a Lifelong Learning and Training Account program. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. ``(4) Other gift tax rules.--For purposes of chapters 12 and 13-- ``(A) Treatment of distributions.--Except as provided in subparagraph (B), in no event shall a distribution from a Lifelong Learning and Training Account program be treated as a taxable gift. ``(B) Treatment of designation of new beneficiary.--The taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the designated beneficiary under the program (or a rollover to the account of a new beneficiary) unless the new beneficiary is-- ``(i) assigned to the same generation as (or a higher generation than) the old beneficiary (determined in accordance with section 2651), and ``(ii) a member of the family of the old beneficiary. ``(5) Additional tax.--The tax imposed by section 530(d)(4) shall apply to any payment or distribution from a Lifelong Learning and Training Account program in the same manner as such tax applies to a payment or distribution from a Coverdell education savings account. ``(d) Reports.--Each officer or employee having control of the Lifelong Learning and Training Account program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, transfers, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Administrator.--The term `administrator' means the entity which established the Lifelong Learning and Training Account program and maintains such program, as described in subsection (b)(1). ``(2) Applicable calendar year.--The term `applicable calendar year' means the calendar year beginning after the date on which a designated beneficiary attained 60 years of age. ``(3) Designated beneficiary.--The term `designated beneficiary' means-- ``(A) the individual designated at the commencement of participation in the Lifelong Learning and Training Account program as the beneficiary of amounts paid (or to be paid) to the program, or ``(B) in the case of a change in beneficiaries described in subsection (c)(2)(C), the individual who is the new beneficiary. ``(4) Member of family.--The term `member of the family' means an individual-- ``(A) who has attained 25 years of age, and ``(B) who is, with respect to any designated beneficiary-- ``(i) the spouse of such beneficiary, ``(ii) an individual who bears a relationship to such beneficiary which is described in subparagraphs (A) through (G) of section 152(d)(2), ``(iii) the spouse of any individual described in clause (ii), or ``(iv) any first cousin of such beneficiary. ``(5) Qualified training expenditures.-- ``(A) In general.--The term `qualified training expenditures' means any expenditures for training which results in the attainment of a recognized postsecondary credential and which is provided through-- ``(i) a program of training services which is listed under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)), ``(ii) a program which is conducted by an area career and technical education school, a community college, or a labor organization, or ``(iii) a program which is sponsored and administered by an industry trade association, industry or sector partnership, or labor organization. ``(B) Related definitions.--For purposes of subparagraph (A)-- ``(i) Area career and technical education school.--The term `area career and technical education school' means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), which participates in a program under that Act (20 U.S.C. 2301 et seq.). ``(ii) Community college.--The term `community college' means an institution which-- ``(I) is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)), except that the institution need not meet the requirements of paragraph (1) of that section; and ``(II) participates in a program under title IV of that Act (20 U.S.C. 1070 et seq.). ``(iii) Industry or sector partnership.-- The term `industry or sector partnership' has the meaning given such term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(iv) Industry trade association.--The term `industry trade association' means an organization which-- ``(I) is described in paragraph (3) or (6) of section 501(c) and exempt from taxation under section 501(a); and ``(II) is representing an industry. ``(v) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5). ``(vi) Recognized postsecondary credential.--The term `recognized postsecondary credential' means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. ``(C) Exclusion.--The term `qualified training expenditures' shall not include any amounts paid for meals, lodging, transportation, or other services incidental to any training described in subparagraph (A). ``(6) Application of section 514.--An interest in a Lifelong Learning and Training Account program shall not be treated as debt for purposes of section 514. ``(f) Public Awareness.-- ``(1) In general.--The Secretary shall conduct a public information campaign, utilizing paid advertising, to inform the public of the availability of Lifelong Learning and Training Account programs. ``(2) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated such sums as are necessary to carry out this subsection. ``(B) Availability.--Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended. ``(g) Regulations.--Notwithstanding any other provision of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes, including regulations under chapters 11, 12, and 13 of this title.''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``sections 529(c)(3)(B) and 530(d)(2)'' and inserting ``sections 529(c)(3)(B), 530(d)(2), and 530A(c)(2)(B)''. (2) The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 530 the following new item: ``Sec. 530A. Lifelong Learning and Training Account programs.''. (c) Administration Assistance.-- (1) In general.--The Secretary of the Treasury, or the Secretary's delegate (referred to in this paragraph as the ``Secretary''), shall make a grant, in such amount as the Secretary determines appropriate, to each State or agency or instrumentality thereof that has established and maintains a Lifelong Learning and Training Account program under section 530A of the Internal Revenue Code of 1986 (as added by subsection (a)), for purposes of administering such program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Lifelong Learning and Training Account Act of 2021

A bill to amend the Internal Revenue Code of 1986 to establish Lifelong Learning and Training Account programs.

Lifelong Learning and Training Account Act of 2021

Sen. Warner, Mark R.

D

VA

This bill establishes tax-exempt savings accounts that may be used to pay for training expenses and will be managed by state programs known as Lifelong Learning and Training Account programs. Tax-exempt distributions from an account may be used for training that results in a recognized postsecondary credential, such as an industry-recognized certificate or certification, a license recognized by the federal government or a state, or an associate or baccalaureate degree. The bill specifies contribution limits, age restrictions, and income limits that apply to beneficiaries of the accounts. Accounts that meet the requirements are eligible to receive certain federal matching funds for contributions made by the beneficiary or an employer.

2. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 530 the following new section: ``SEC. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511. ``(iii) Applicable taxable year.--For purposes of this subparagraph, the term `applicable taxable year' means the taxable year in which the transfer described in subparagraph (A)(i) is made to the account of the designated beneficiary. ``(F) Rescission of matching funds.--On January 1 of the applicable calendar year, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall be reduced to zero. ``(B) Distributions for qualified training expenditures.-- ``(i) In general.--In the case of any distributions, if such distributions do not exceed the qualified training expenditures of the designated beneficiary, no amount shall be includible in gross income. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(4) Member of family.--The term `member of the family' means an individual-- ``(A) who has attained 25 years of age, and ``(B) who is, with respect to any designated beneficiary-- ``(i) the spouse of such beneficiary, ``(ii) an individual who bears a relationship to such beneficiary which is described in subparagraphs (A) through (G) of section 152(d)(2), ``(iii) the spouse of any individual described in clause (ii), or ``(iv) any first cousin of such beneficiary. ``(B) Related definitions.--For purposes of subparagraph (A)-- ``(i) Area career and technical education school.--The term `area career and technical education school' means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). 1058(f)), except that the institution need not meet the requirements of paragraph (1) of that section; and ``(II) participates in a program under title IV of that Act (20 U.S.C. ``(v) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5). ``(vi) Recognized postsecondary credential.--The term `recognized postsecondary credential' means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. ``(2) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated such sums as are necessary to carry out this subsection. 530A. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

2. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 530 the following new section: ``SEC. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS. ``(iii) Applicable taxable year.--For purposes of this subparagraph, the term `applicable taxable year' means the taxable year in which the transfer described in subparagraph (A)(i) is made to the account of the designated beneficiary. ``(F) Rescission of matching funds.--On January 1 of the applicable calendar year, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall be reduced to zero. ``(B) Distributions for qualified training expenditures.-- ``(i) In general.--In the case of any distributions, if such distributions do not exceed the qualified training expenditures of the designated beneficiary, no amount shall be includible in gross income. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(B) Related definitions.--For purposes of subparagraph (A)-- ``(i) Area career and technical education school.--The term `area career and technical education school' means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 1058(f)), except that the institution need not meet the requirements of paragraph (1) of that section; and ``(II) participates in a program under title IV of that Act (20 U.S.C. ``(v) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5). ``(vi) Recognized postsecondary credential.--The term `recognized postsecondary credential' means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. ``(2) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated such sums as are necessary to carry out this subsection. 530A.

2. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 530 the following new section: ``SEC. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511. ``(C) Reduction in matching funds.-- ``(i) In general.--For each applicable taxable year, the dollar amount in subparagraph (A)(ii)(I) shall be reduced (but not below zero) by an amount equal to the greater of-- ``(I) an amount which bears the same ratio to such dollar amount as-- ``(aa) the amount (not less than zero) equal to the adjusted gross income of the taxpayer for the applicable taxable year minus $72,000, bears to ``(bb) $10,000, or ``(II) an amount which bears the same ratio to such dollar amount as-- ``(aa) the amount (not less than zero) equal to the earned income (as described in section 32(c)(2)) of the designated beneficiary for the applicable taxable year minus $72,000, bears to ``(bb) $10,000. ``(iii) Applicable taxable year.--For purposes of this subparagraph, the term `applicable taxable year' means the taxable year in which the transfer described in subparagraph (A)(i) is made to the account of the designated beneficiary. ``(F) Rescission of matching funds.--On January 1 of the applicable calendar year, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall be reduced to zero. ``(B) Distributions for qualified training expenditures.-- ``(i) In general.--In the case of any distributions, if such distributions do not exceed the qualified training expenditures of the designated beneficiary, no amount shall be includible in gross income. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(4) Member of family.--The term `member of the family' means an individual-- ``(A) who has attained 25 years of age, and ``(B) who is, with respect to any designated beneficiary-- ``(i) the spouse of such beneficiary, ``(ii) an individual who bears a relationship to such beneficiary which is described in subparagraphs (A) through (G) of section 152(d)(2), ``(iii) the spouse of any individual described in clause (ii), or ``(iv) any first cousin of such beneficiary. ``(B) Related definitions.--For purposes of subparagraph (A)-- ``(i) Area career and technical education school.--The term `area career and technical education school' means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). ``(ii) Community college.--The term `community college' means an institution which-- ``(I) is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)), except that the institution need not meet the requirements of paragraph (1) of that section; and ``(II) participates in a program under title IV of that Act (20 U.S.C. ``(v) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5). ``(vi) Recognized postsecondary credential.--The term `recognized postsecondary credential' means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. ``(6) Application of section 514.--An interest in a Lifelong Learning and Training Account program shall not be treated as debt for purposes of section 514. ``(2) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated such sums as are necessary to carry out this subsection. ``(g) Regulations.--Notwithstanding any other provision of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes, including regulations under chapters 11, 12, and 13 of this title.''. 530A. (d) 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. 2. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 530 the following new section: ``SEC. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511. ``(B) Deposit of matching funds.--Any amounts required to be transferred to the account of a designated beneficiary under subparagraph (A) shall be transferred by the Secretary as soon as is practicable following any contribution to such account by such beneficiary or their employer. ``(C) Reduction in matching funds.-- ``(i) In general.--For each applicable taxable year, the dollar amount in subparagraph (A)(ii)(I) shall be reduced (but not below zero) by an amount equal to the greater of-- ``(I) an amount which bears the same ratio to such dollar amount as-- ``(aa) the amount (not less than zero) equal to the adjusted gross income of the taxpayer for the applicable taxable year minus $72,000, bears to ``(bb) $10,000, or ``(II) an amount which bears the same ratio to such dollar amount as-- ``(aa) the amount (not less than zero) equal to the earned income (as described in section 32(c)(2)) of the designated beneficiary for the applicable taxable year minus $72,000, bears to ``(bb) $10,000. ``(iii) Applicable taxable year.--For purposes of this subparagraph, the term `applicable taxable year' means the taxable year in which the transfer described in subparagraph (A)(i) is made to the account of the designated beneficiary. ``(F) Rescission of matching funds.--On January 1 of the applicable calendar year, any available funds in the account of such beneficiary which were transferred pursuant to this paragraph (and any earnings thereon) shall be reduced to zero. ``(B) Distributions for qualified training expenditures.-- ``(i) In general.--In the case of any distributions, if such distributions do not exceed the qualified training expenditures of the designated beneficiary, no amount shall be includible in gross income. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. ``(B) Treatment of designation of new beneficiary.--The taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the designated beneficiary under the program (or a rollover to the account of a new beneficiary) unless the new beneficiary is-- ``(i) assigned to the same generation as (or a higher generation than) the old beneficiary (determined in accordance with section 2651), and ``(ii) a member of the family of the old beneficiary. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Administrator.--The term `administrator' means the entity which established the Lifelong Learning and Training Account program and maintains such program, as described in subsection (b)(1). ``(4) Member of family.--The term `member of the family' means an individual-- ``(A) who has attained 25 years of age, and ``(B) who is, with respect to any designated beneficiary-- ``(i) the spouse of such beneficiary, ``(ii) an individual who bears a relationship to such beneficiary which is described in subparagraphs (A) through (G) of section 152(d)(2), ``(iii) the spouse of any individual described in clause (ii), or ``(iv) any first cousin of such beneficiary. ``(B) Related definitions.--For purposes of subparagraph (A)-- ``(i) Area career and technical education school.--The term `area career and technical education school' means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). ``(ii) Community college.--The term `community college' means an institution which-- ``(I) is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)), except that the institution need not meet the requirements of paragraph (1) of that section; and ``(II) participates in a program under title IV of that Act (20 U.S.C. ``(iii) Industry or sector partnership.-- The term `industry or sector partnership' has the meaning given such term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(v) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5). ``(vi) Recognized postsecondary credential.--The term `recognized postsecondary credential' means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. ``(6) Application of section 514.--An interest in a Lifelong Learning and Training Account program shall not be treated as debt for purposes of section 514. ``(f) Public Awareness.-- ``(1) In general.--The Secretary shall conduct a public information campaign, utilizing paid advertising, to inform the public of the availability of Lifelong Learning and Training Account programs. ``(2) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated such sums as are necessary to carry out this subsection. ``(g) Regulations.--Notwithstanding any other provision of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes, including regulations under chapters 11, 12, and 13 of this title.''. 530A. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

H.R.9217

Government Operations and Politics

Halting Of Trafficking and Exploitation in Lodging Act of 2022 or the HOTEL Act of 2022 This bill requires federal agencies to ensure, to the greatest extent practicable, that commercial accommodations for agency employees are booked with a hotel or motel that enforces a zero-tolerance policy regarding severe forms of trafficking in persons.

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Halting Of Trafficking and Exploitation in Lodging Act of 2022'' or the ``HOTEL Act of 2022''. SEC. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. ``(b) Eligibility as a Preferred Place of Accommodation.--To be considered a preferred place of accommodation for the purposes of this section, a hotel or motel shall-- ``(1) enforce a zero-tolerance policy regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11))) made available by the Administrator of General Services under subsection (c)(1), or a similar zero-tolerance policy developed by the place of accommodation, demonstrated by-- ``(A) posting such policy in a nonpublic space within the place of accommodation that is accessible by all employees; or ``(B) including such policy in the employee handbook; ``(2) have procedures in place, not later than 180 days after the date of the enactment of this section, for employees to identify and report any such exploitation according to protocol identified in the employee training based on training materials developed under subsection (c)(3) to the appropriate law enforcement authorities, management of the preferred accommodation, or the National Human Trafficking Hotline; ``(3) post the informational materials made available under subsection (c)(3) in an appropriate nonpublic space within the place of accommodation that is accessible by all employees; ``(4) review and update, as necessary, the zero-tolerance policy, procedures, and informational materials at least every two years prior to the due date for self-certifications; ``(5) require each employee who is physically located at the place of accommodation and who is likely to interact with guests, including security, front desk, housekeeping, room service, and bell staff, to complete the training developed under subsection (c)(2), or a training developed pursuant to subsection (d), that shall-- ``(A) take place not later than 90 days after the starting date of the new employee, or in the case of an employee hired before the effective date of this section, not later than 90 days after the date of enactment of this section; ``(B) include refresher trainings every two years; and ``(C) include training on the identification of possible cases of sexual exploitation of children and procedures to report suspected abuse to the appropriate authorities; ``(6) include a notice to all independent contractors in any agreement affecting a property in the United States negotiated or renewed on or after the date of enactment of this section that states the following: `Federal law prohibits the trafficking of humans under the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).'; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(e) Previously Trained Employees.-- ``(1) Training prior to effective date.--Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any other place of accommodation managed by the same entity. ``(2) Training prior to a transfer of employment.--Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity if such training occurred during the 2-year period ending on the date of the enactment of this section. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall-- ``(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and ``(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter-- ``(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and ``(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self- certification to the Administrator of General Services. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. ``(h) Regulations Required.--The Administrator of General Services shall issue such regulations as are necessary to carry out this section.''. (b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following new item: ``5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking.''. <all>

HOTEL Act of 2022

To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes.

HOTEL Act of 2022 Halting Of Trafficking and Exploitation in Lodging Act of 2022

Rep. Smith, Christopher H.

R

NJ

This bill requires federal agencies to ensure, to the greatest extent practicable, that commercial accommodations for agency employees are booked with a hotel or motel that enforces a zero-tolerance policy regarding severe forms of trafficking in persons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. 7101 et seq.). '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section.

2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. 7101 et seq.). '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall-- ``(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and ``(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter-- ``(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and ``(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self- certification to the Administrator of General Services. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. ``(h) Regulations Required.--The Administrator of General Services shall issue such regulations as are necessary to carry out this section.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Halting Of Trafficking and Exploitation in Lodging Act of 2022'' or the ``HOTEL Act of 2022''. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO SEVERE FORMS OF HUMAN TRAFFICKING. (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking ``(a) In General.--For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. 7101 et seq.). '; and ``(7) ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. ``(c) GSA Requirements.--The Administrator of General Services shall-- ``(1) make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; ``(2) make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; ``(3) in coordination with the Secretary of Homeland Security's Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and ``(4) maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are-- ``(A) participating in government lodging programs such as FedRooms (or successor system); ``(B) included on the FEMA Fire Safe List; or ``(C) otherwise known to have received government travel business in the 2 years prior to enactment of this section. ``(d) Training Programs.--A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program-- ``(1) focuses on identifying and reporting suspected cases of severe forms of human trafficking; and ``(2) was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally recognized organization with expertise in anti- trafficking initiatives. ``(2) Training prior to a transfer of employment.--Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity if such training occurred during the 2-year period ending on the date of the enactment of this section. ``(f) Property-by-Property Implementation.-- ``(1) In general.--Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall-- ``(A) provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and ``(B) report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter-- ``(i) each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and ``(ii) the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self- certification to the Administrator of General Services. ``(2) Group certification.--A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection (a) that each such place is in compliance with this section. ``(g) Statutory Construction.--No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. ``(h) Regulations Required.--The Administrator of General Services shall issue such regulations as are necessary to carry out this section.''. (b) Effective Date.--Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act.

S.1555

Labor and Employment

Get Americans Back To Work Act This bill makes an individual ineligible for federal pandemic unemployment compensation (FPUC) after June 30, 2021. It also reduces the amount of FPUC to $150.00 for weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021. Under current law, an individual is eligible for FPUC for weeks of employment ending on or before September 6, 2021 in the amount of $300.

To shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work. Be it enacted by the Senate 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 Americans Back To Work Act''. SEC. 2. SHORTENING OF THE EXTENSION, AND REDUCING THE AMOUNT, OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``June 30, 2021''. (b) Amount.--Section 2104(b)(3)(A) of such Act (15 U.S.C. 9023(b)(3)(A)) is amended-- (1) in clause (ii), by striking ``September 6, 2021'' and inserting ``May 31, 2021''; and (2) by adding at the end the following: ``(iii) For weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021, $150.''. <all>

Get Americans Back To Work Act

A bill to shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work.

Get Americans Back To Work Act

Sen. Marshall, Roger

R

KS

This bill makes an individual ineligible for federal pandemic unemployment compensation (FPUC) after June 30, 2021. It also reduces the amount of FPUC to $150.00 for weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021. Under current law, an individual is eligible for FPUC for weeks of employment ending on or before September 6, 2021 in the amount of $300.

To shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work. Be it enacted by the Senate 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 Americans Back To Work Act''. SEC. 2. SHORTENING OF THE EXTENSION, AND REDUCING THE AMOUNT, OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``June 30, 2021''. (b) Amount.--Section 2104(b)(3)(A) of such Act (15 U.S.C. 9023(b)(3)(A)) is amended-- (1) in clause (ii), by striking ``September 6, 2021'' and inserting ``May 31, 2021''; and (2) by adding at the end the following: ``(iii) For weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021, $150.''. <all>

To shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work. Be it enacted by the Senate 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 Americans Back To Work Act''. SEC. 2. SHORTENING OF THE EXTENSION, AND REDUCING THE AMOUNT, OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``June 30, 2021''. (b) Amount.--Section 2104(b)(3)(A) of such Act (15 U.S.C. 9023(b)(3)(A)) is amended-- (1) in clause (ii), by striking ``September 6, 2021'' and inserting ``May 31, 2021''; and (2) by adding at the end the following: ``(iii) For weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021, $150.''. <all>

To shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work. Be it enacted by the Senate 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 Americans Back To Work Act''. SEC. 2. SHORTENING OF THE EXTENSION, AND REDUCING THE AMOUNT, OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``June 30, 2021''. (b) Amount.--Section 2104(b)(3)(A) of such Act (15 U.S.C. 9023(b)(3)(A)) is amended-- (1) in clause (ii), by striking ``September 6, 2021'' and inserting ``May 31, 2021''; and (2) by adding at the end the following: ``(iii) For weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021, $150.''. <all>

To shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work. Be it enacted by the Senate 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 Americans Back To Work Act''. SEC. 2. SHORTENING OF THE EXTENSION, AND REDUCING THE AMOUNT, OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``June 30, 2021''. (b) Amount.--Section 2104(b)(3)(A) of such Act (15 U.S.C. 9023(b)(3)(A)) is amended-- (1) in clause (ii), by striking ``September 6, 2021'' and inserting ``May 31, 2021''; and (2) by adding at the end the following: ``(iii) For weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021, $150.''. <all>

H.R.74

Emergency Management

Protecting Local Communities from Harmful Algal Blooms Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. Be it enacted by the Senate 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 Local Communities from Harmful Algal Blooms Act''. SEC. 2. ALGAL BLOOMS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or drought'' and inserting ``drought, or algal blooms''. <all>

Protecting Local Communities from Harmful Algal Blooms Act

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes.

Protecting Local Communities from Harmful Algal Blooms Act

Rep. Buchanan, Vern

R

FL

This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. Be it enacted by the Senate 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 Local Communities from Harmful Algal Blooms Act''. SEC. 2. ALGAL BLOOMS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or drought'' and inserting ``drought, or algal blooms''. <all>

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. Be it enacted by the Senate 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 Local Communities from Harmful Algal Blooms Act''. SEC. 2. ALGAL BLOOMS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or drought'' and inserting ``drought, or algal blooms''. <all>

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. Be it enacted by the Senate 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 Local Communities from Harmful Algal Blooms Act''. SEC. 2. ALGAL BLOOMS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or drought'' and inserting ``drought, or algal blooms''. <all>

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. Be it enacted by the Senate 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 Local Communities from Harmful Algal Blooms Act''. SEC. 2. ALGAL BLOOMS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or drought'' and inserting ``drought, or algal blooms''. <all>

H.R.2715

Crime and Law Enforcement

Jaime's Law This bill establishes background check requirements for the sale and transfer of ammunition. Specifically, the bill prohibits a licensed importer, manufacturer, or dealer from transferring ammunition to an unlicensed individual prior to submitting a background check through the National Instant Criminal Background Check System. It also establishes penalties for violations. (Currently, background checks are required under these circumstances for the transfer of firearms, but not for ammunition.) Additionally, it prohibits an ammunition transfer between private parties (i.e., unlicensed individuals) unless a licensed importer, manufacturer, or dealer first takes possession of the ammunition to conduct a background check. However, this prohibition does not apply to certain ammunition transfers, such as a gift between spouses in good faith.

To prevent the purchase of ammunition by prohibited purchasers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Jaime's Law''. SEC. 2. PURPOSE. The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals prohibited from doing so. SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION. (a) In General.--Section 922 of title 18, United States Code, is amended-- (1) by striking subsection (s) and redesignating subsection (t) as subsection (s); (2) in subsection (s) (as so redesignated)-- (A) by inserting ``or ammunition'' after ``firearm'' each place it appears except in paragraph (3); (B) in paragraph (1)(B)(ii), by inserting ``in the case of a firearm,'' before ``3''; (C) in paragraph (3)-- (i) by striking all that precedes subparagraph (B) and inserting the following: ``(3) Paragraph (1) shall not apply to a transfer between a licensee and another person if-- ``(A)(i) in the case of a firearm transfer-- ``(I) such other person has presented to the licensee a permit that-- ``(aa) allows such other person to possess or acquire a firearm; and ``(bb) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(II) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; or ``(ii) in the case of an ammunition transfer-- ``(I) such other person has presented to the licensee a permit that-- ``(aa) allows such other person to possess or acquire ammunition, or to possess or acquire a firearm; and ``(bb) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(II) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of ammunition by such other person would be in violation of law;''; and (ii) in subparagraph (C)(ii), by striking ``(as defined in subsection (s)(8))''; and (D) by adding at the end the following: ``(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.''; and (3) by inserting after subsection (s) (as so redesignated) the following: ``(t)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with subsection (s). ``(B) Upon taking possession of ammunition under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring ammunition from the inventory of the licensee to the unlicensed transferee. ``(C) If a transfer of ammunition described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the ammunition (including because the transfer of the ammunition to, or receipt of the ammunition by, the transferee would violate this chapter), the return of the ammunition to the transferor by the licensee shall not constitute the transfer of ammunition for purposes of this chapter. ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or ``(E) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee's possession of the ammunition is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or ``(iii) while in the presence of the transferor. ``(3)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. ``(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). ``(C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks of ammunition transfers. ``(D) Regulations promulgated under this paragraph may not include any provision limiting the amount of any fee a licensee may charge to facilitate transfers in accordance with paragraph (1). ``(4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of ammunition to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.''. (b) Technical and Conforming Amendments.-- (1) Section 922.--Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and (g)(5)(B)''. (2) Consolidated and further continuing appropriations act, 2012.--Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note) is amended by striking ``subsection 922(t)'' each place it appears and inserting ``subsection (s) or (t) of section 922''. SEC. 4. RULES OF CONSTRUCTION. Nothing in this Act, or any amendment made by this Act, shall be construed to-- (1) authorize the establishment, directly or indirectly, of a national firearms or ammunition registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. <all>

Jaime’s Law

To prevent the purchase of ammunition by prohibited purchasers.

Jaime’s Law

Rep. Wasserman Schultz, Debbie

D

FL

This bill establishes background check requirements for the sale and transfer of ammunition. Specifically, the bill prohibits a licensed importer, manufacturer, or dealer from transferring ammunition to an unlicensed individual prior to submitting a background check through the National Instant Criminal Background Check System. It also establishes penalties for violations. (Currently, background checks are required under these circumstances for the transfer of firearms, but not for ammunition.) Additionally, it prohibits an ammunition transfer between private parties (i.e., unlicensed individuals) unless a licensed importer, manufacturer, or dealer first takes possession of the ammunition to conduct a background check. However, this prohibition does not apply to certain ammunition transfers, such as a gift between spouses in good faith.

SHORT TITLE. This Act may be cited as ``Jaime's Law''. 2. The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals prohibited from doing so. 3. TRANSFERS OF FIREARMS OR AMMUNITION. ''; and (3) by inserting after subsection (s) (as so redesignated) the following: ``(t)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with subsection (s). ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or ``(E) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee's possession of the ammunition is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or ``(iii) while in the presence of the transferor. ``(3)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. ``(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). 40901 note) is amended by striking ``subsection 922(t)'' each place it appears and inserting ``subsection (s) or (t) of section 922''. 4. SEC. 5. EFFECTIVE DATE.

SHORT TITLE. This Act may be cited as ``Jaime's Law''. 2. The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals prohibited from doing so. 3. TRANSFERS OF FIREARMS OR AMMUNITION. ''; and (3) by inserting after subsection (s) (as so redesignated) the following: ``(t)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with subsection (s). ``(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). 40901 note) is amended by striking ``subsection 922(t)'' each place it appears and inserting ``subsection (s) or (t) of section 922''. 4. SEC. 5.

SHORT TITLE. This Act may be cited as ``Jaime's Law''. 2. The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals prohibited from doing so. 3. TRANSFERS OF FIREARMS OR AMMUNITION. ''; and (3) by inserting after subsection (s) (as so redesignated) the following: ``(t)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with subsection (s). ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or ``(E) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee's possession of the ammunition is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or ``(iii) while in the presence of the transferor. ``(3)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. ``(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). (2) Consolidated and further continuing appropriations act, 2012.--Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note) is amended by striking ``subsection 922(t)'' each place it appears and inserting ``subsection (s) or (t) of section 922''. 4. RULES OF CONSTRUCTION. SEC. 5. EFFECTIVE DATE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Jaime's Law''. 2. The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals prohibited from doing so. 3. TRANSFERS OF FIREARMS OR AMMUNITION. (a) In General.--Section 922 of title 18, United States Code, is amended-- (1) by striking subsection (s) and redesignating subsection (t) as subsection (s); (2) in subsection (s) (as so redesignated)-- (A) by inserting ``or ammunition'' after ``firearm'' each place it appears except in paragraph (3); (B) in paragraph (1)(B)(ii), by inserting ``in the case of a firearm,'' before ``3''; (C) in paragraph (3)-- (i) by striking all that precedes subparagraph (B) and inserting the following: ``(3) Paragraph (1) shall not apply to a transfer between a licensee and another person if-- ``(A)(i) in the case of a firearm transfer-- ``(I) such other person has presented to the licensee a permit that-- ``(aa) allows such other person to possess or acquire a firearm; and ``(bb) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(II) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; or ``(ii) in the case of an ammunition transfer-- ``(I) such other person has presented to the licensee a permit that-- ``(aa) allows such other person to possess or acquire ammunition, or to possess or acquire a firearm; and ``(bb) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(II) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of ammunition by such other person would be in violation of law;''; and (ii) in subparagraph (C)(ii), by striking ``(as defined in subsection (s)(8))''; and (D) by adding at the end the following: ``(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. ''; and (3) by inserting after subsection (s) (as so redesignated) the following: ``(t)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with subsection (s). ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or ``(E) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee's possession of the ammunition is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or ``(iii) while in the presence of the transferor. ``(3)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. ``(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). (2) Consolidated and further continuing appropriations act, 2012.--Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note) is amended by striking ``subsection 922(t)'' each place it appears and inserting ``subsection (s) or (t) of section 922''. 4. RULES OF CONSTRUCTION. Nothing in this Act, or any amendment made by this Act, shall be construed to-- (1) authorize the establishment, directly or indirectly, of a national firearms or ammunition registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

H.R.7901

Taxation

Support Ukraine Through Our Tax Code Act This bill denies the foreign tax credit and the tax deduction for income, war profits, and excess profits taxes paid to Russia and Belarus. The bill also denies certain other tax benefits in connection with the invasion of Ukraine, including any tax treaty benefits and exemptions from withholding requirements. The bill suspends tax information exchanges for Russia and Belarus under a tax treaty or an intergovernmental agreement during the period of the Ukraine invasion.

To amend the Internal Revenue Code of 1986 to deny foreign tax credits or deductions with respect to taxes paid or accrued to the Russian Federation and the Republic of Belarus, to provide for the denial of certain other tax benefits in connection with the invasion of Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Ukraine Through Our Tax Code Act''. SEC. 2. DENIAL OF FOREIGN TAX CREDIT, ETC., WITH RESPECT TO TAXES PAID OR ACCRUED TO THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS. (a) In General.--Section 901(j)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Special rule for russia and belarus.-- ``(i) In general.--This subsection shall apply to the Russian Federation and the Republic of Belarus during the period described in clause (ii). ``(ii) Period of application.--The period described in this clause with respect to any country is the period-- ``(I) beginning on the date that is 90 days after the date of the enactment of this subparagraph, and ``(II) ending on the date on which the resumption of the application of the rates of duty set forth in column 1 of the Harmonized Tariff Schedule of the United States to products of that country takes effect pursuant to section 4(b) of the Suspending Normal Trade Relations with Russia and Belarus Act.''. (b) Deduction Denied.-- (1) In general.--Section 275(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Income, war profits, and excess profits taxes paid or accrued (or deemed paid under section 960) to any country described in section 901(j)(2)(C)(i) with respect to income attributable to any period described in section 901(j)(2)(C)(ii).''. (2) Conforming amendment.--Section 901(j)(3) of such Code is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply to any taxes paid or accrued (or deemed paid under section 960) to any country described in paragraph (2)(C)(i) with respect to income attributable to any period described in paragraph (2)(C)(ii).''. (c) Special Transition Rules for Taxpayers Exiting Countries for Which Foreign Tax Credit Is Denied.-- (1) In general.--If-- (A) any portion of a taxable year of a taxpayer occurs during the post-exit period, and (B) such taxpayer is an applicable taxpayer for such portion of the taxable year with respect to a foreign country to which section 901(j)(2)(C) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies, then, notwithstanding such section 901(j)(2)(C), sections 901(j)(1)(B) and 952(a)(5) of such Code shall not apply to income derived by the taxpayer from such foreign country during such portion of such taxable year. (2) Applicable taxpayer.-- (A) In general.--A taxpayer is an applicable taxpayer with respect to a foreign country for any portion of a taxable year occurring during the post- exit period if-- (i) the gross receipts of the taxpayer for such portion derived from such foreign country (determined under rules substantially similar to the rules of part I of subchapter N of chapter 1 of the Internal Revenue Code of 1986) are-- (I) in the case of the period beginning with the first day of the first month beginning after the first day of the post-exit period and ending with the last day of the first taxable year ending on or after such date, less than 15 percent of such gross receipts derived during the pre-exit period, and (II) in the case of any taxable year beginning after the first day of the post-exit period, less than 5 percent of such gross receipts derived during the pre-exit period, or (ii) the taxpayer meets such other requirements as the Secretary of the Treasury (or the Secretary's delegate) may by regulation or guidance prescribe to determine whether a taxpayer has exited from doing business in such foreign country. (B) Rules for determining gross receipts.-- (i) Aggregation rules.--The rules of section 448(c)(2) shall apply for purposes of this paragraph, except that-- (I) in applying section 52(a), the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded, and (II) in applying section 52(b), the principles which apply under section 52(a) shall include the modification under subclause (I) and the term ``trade or business'' shall include any activity treated as a trade or business under paragraph (5) or (6) of section 469(c) (determined without regard to the phrase, ``To the extent provided in regulations'' in such paragraph (6)). (ii) Special rules.--The rules of section 448(c)(3) shall apply for purposes of this paragraph, except that in applying subparagraph (B) thereof to a taxable year in which the entire taxable year does not occur during the post-exit period, the portion of the year during such period shall be treated as a short taxable year for purposes of determining annualized gross receipts. (iii) Receipts related to humanitarian purposes.--For purposes of this subsection, gross receipts shall not include amounts-- (I) which are covered under general or specific licenses of the Office of Foreign Assets Control of the Department of the Treasury which have been identified by the Secretary of the Treasury (or the Secretary's delegate) as licenses to which this clause applies, or (II) which the Secretary of the Treasury (or the Secretary's delegate) has otherwise identified as humanitarian in nature. (3) Periods.--For purposes of this subsection-- (A) Pre-exit period.--The term ``pre-exit period'' means-- (i) except as provided in clause (ii), the 12-month period ending on December 31, 2021, and (ii) in the case of a taxpayer with a taxable year which ends on or after November 30, 2021, and before February 24, 2022, such taxable year. (B) Post-exit period.--The term ``post-exit period'' means, with respect to any foreign country, the period during which section 901(j)(2)(C) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies to such foreign country (determined without regard to this subsection). (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. DENIAL OF CERTAIN OTHER TAX BENEFITS IN CONNECTION WITH THE INVASION OF UKRAINE. (a) In General.--In the case of any person to whom this section applies-- (1) section 892(a) of the Internal Revenue Code of 1986 (relating to income of foreign governments) shall not apply to income received during the period this section applies to such person, (2) notwithstanding section 894 of such Code, such Code shall be applied to such person without regard to any treaty obligation of the United States during the period this section applies to such person, (3) section 895 of such Code (relating to income derived by a foreign central bank of issue from obligations of the United States or from bank deposits) shall not apply to any central bank of such person, (4) sections 871(h) (relating to repeal of tax on interest of nonresident alien individuals received from certain portfolio debt investments) and 881(c) (relating to repeal of tax on interest of foreign corporations received from certain portfolio debt investments) of such Code shall not apply to interest received during the period this section applies to such person, (5) section 864(b) of such Code (relating to trade or business within the United States) shall be applied without regard to paragraph (2) thereof (relating to exception for trading in securities or commodities) with respect to the period during which this section applies to such person, (6) section 883 of such Code (relating to exclusion of income from shipping, etc.) shall not apply to income or earnings received during the period this section applies to such person, and (7) notwithstanding section 897(l) of such Code, any trust, corporation, or other organization or arrangement established by such person shall not be treated as a qualified foreign pension fund under section 897 of such Code during the period this section applies to such person. (b) Persons to Whom This Section Applies.-- (1) In general.--This section shall apply to-- (A) any person with respect to which sanctions have been imposed by the United States in relation to the invasion of Ukraine by the Russian Federation that began on February 24, 2022, (B) the government of any foreign country to which section 901(j)(2)(C) of the Internal Revenue Code of 1986 applies, and (C) any other person identified by the Secretary as-- (i) a person described in paragraph (2), and (ii) a person with respect to which the application of this section would advance efforts to restore and maintain the peace, security, stability, sovereignty, and territorial integrity of Ukraine (as determined by the Secretary in consultation with the Secretary of State). (2) Persons described.--A person is described in this paragraph if such person-- (A) is a person that-- (i) is participating or has participated in the invasion of Ukraine, and (ii) either-- (I) owns, directly or indirectly, at least $1,000,000 of assets in the United States, or (II) has, for the most recent calendar year, at least $1,000,000 of income from sources within the United States, (B) is an entity that-- (i) is organized in, or a tax resident of, a foreign country (including any subdivision thereof) to which section 901(j)(2)(C) of such Code applies, (ii) is not a controlled foreign corporation (as defined in section 957 of such Code), and (iii) has provided or sold goods or services to a government (including any instrumentality thereof) to which section 901(j)(2)(C) of such Code applies, (C) is an executive, board member, or officer of an entity described in subparagraph (B), or (D) is a person that is related to any other person to which this section applies. (3) Special rules for controlled entities.--Under regulations provided by the Secretary-- (A) In general.--The Secretary may treat a person controlled (within the meaning of section 954(d)(3) of the Internal Revenue Code of 1986) by a person described in paragraph (1) as a person to whom this section applies without regard to whether such controlled person has been identified by the Secretary under paragraph (1)(C). (B) Notification.-- (i) In general.--The Secretary may require any person treated as a person to whom this section applies by reason of subparagraph (A) to provide notice to the Secretary and to each withholding agent of such person that this section applies to such person. (ii) Penalties.--For purposes of applying part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986-- (I) any notice required to be provided to the Secretary under clause (i) shall be treated as an information return described in section 6724(d)(1) of such Code, and (II) any notice required to be provided to a withholding agent under clause (i) shall be treated as a payee statement described in section 6724(d)(2) of such Code. (c) Period for Which This Section Applies.--For purposes of this section-- (1) In general.--This section applies to any person described in subsection (b) during the period-- (A) except as provided in paragraph (2), beginning on the date that is 30 days after the later of-- (i) the date of the enactment of this Act, or (ii) the date such person is first described in subsection (b), and (B) ending on the date such person is no longer described in subsection (b). (2) Special rules for portfolio interest.-- (A) In general.--For purposes of applying subsection (a)(4), except as provided in subparagraph (B), the period described in paragraph (1) shall begin on the later of-- (i) the date that is 180 days (60 days in the case of obligations issued on or after the date of the enactment of this Act) after the date of enactment of this Act, or (ii) 60 days after the date such person first becomes described in subsection (b). (B) Significant modifications.--If, after the date of the enactment of this Act, there is a significant modification of an obligation issued before the date of the enactment of this Act, then, for purposes of applying subsection (a)(4), the period described in paragraph (1) shall begin on the later of-- (i) the earlier of-- (I) the day that is 60 days after the date of such significant modification, or (II) the day that is 180 days after the date of the enactment of this Act, or (ii) the date that is 60 days after the date such person first becomes described in subsection (b). (d) Definitions.--For purposes of this section-- (1) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (2) Related.--A person (hereinafter in this paragraph referred to as the ``related person'') is related to any person if-- (A) the related person bears a relationship to such person which is-- (i) specified in section 267(b) or 707(b)(1) of the Internal Revenue Code of 1986, or (ii) specified in the regulations prescribed under subsection (f), or (B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52 of such Code, determined after the application of the rules of section 2(c)(2)(B)(i)). (e) Reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report detailing the parameters, processes, and justifications by which a person is identified by the Secretary under (b)(1)(C) of this section. (f) Regulations.--The Secretary shall prescribe such regulations, rules, or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section. SEC. 4. SUSPENSION OF TAX INFORMATION EXCHANGES. If there is a tax convention (within the meaning of section 6105(c)(2) of the Internal Revenue Code of 1986) providing for the exchange of tax information between the United States and any foreign country to which section 901(j)(2)(C) of such Code (as added by section 2(a)) applies, the Secretary of the Treasury (or the Secretary's delegate) shall not exchange such tax information with such foreign country during the period that such section applies to such foreign country. SEC. 5. TREATY OBLIGATIONS. This Act and the amendments made by this Act shall be applied without regard to any treaty obligation of the United States. <all>

Support Ukraine Through Our Tax Code Act

To amend the Internal Revenue Code of 1986 to deny foreign tax credits or deductions with respect to taxes paid or accrued to the Russian Federation and the Republic of Belarus, to provide for the denial of certain other tax benefits in connection with the invasion of Ukraine, and for other purposes.

Support Ukraine Through Our Tax Code Act

Rep. Schneider, Bradley Scott

D

IL

This bill denies the foreign tax credit and the tax deduction for income, war profits, and excess profits taxes paid to Russia and Belarus. The bill also denies certain other tax benefits in connection with the invasion of Ukraine, including any tax treaty benefits and exemptions from withholding requirements. The bill suspends tax information exchanges for Russia and Belarus under a tax treaty or an intergovernmental agreement during the period of the Ukraine invasion.

2. DENIAL OF FOREIGN TAX CREDIT, ETC., WITH RESPECT TO TAXES PAID OR ACCRUED TO THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS. (ii) Special rules.--The rules of section 448(c)(3) shall apply for purposes of this paragraph, except that in applying subparagraph (B) thereof to a taxable year in which the entire taxable year does not occur during the post-exit period, the portion of the year during such period shall be treated as a short taxable year for purposes of determining annualized gross receipts. 3. DENIAL OF CERTAIN OTHER TAX BENEFITS IN CONNECTION WITH THE INVASION OF UKRAINE. (c) Period for Which This Section Applies.--For purposes of this section-- (1) In general.--This section applies to any person described in subsection (b) during the period-- (A) except as provided in paragraph (2), beginning on the date that is 30 days after the later of-- (i) the date of the enactment of this Act, or (ii) the date such person is first described in subsection (b), and (B) ending on the date such person is no longer described in subsection (b). 4. If there is a tax convention (within the meaning of section 6105(c)(2) of the Internal Revenue Code of 1986) providing for the exchange of tax information between the United States and any foreign country to which section 901(j)(2)(C) of such Code (as added by section 2(a)) applies, the Secretary of the Treasury (or the Secretary's delegate) shall not exchange such tax information with such foreign country during the period that such section applies to such foreign country. SEC. 5. TREATY OBLIGATIONS.

2. DENIAL OF FOREIGN TAX CREDIT, ETC., WITH RESPECT TO TAXES PAID OR ACCRUED TO THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS. (ii) Special rules.--The rules of section 448(c)(3) shall apply for purposes of this paragraph, except that in applying subparagraph (B) thereof to a taxable year in which the entire taxable year does not occur during the post-exit period, the portion of the year during such period shall be treated as a short taxable year for purposes of determining annualized gross receipts. 3. DENIAL OF CERTAIN OTHER TAX BENEFITS IN CONNECTION WITH THE INVASION OF UKRAINE. (c) Period for Which This Section Applies.--For purposes of this section-- (1) In general.--This section applies to any person described in subsection (b) during the period-- (A) except as provided in paragraph (2), beginning on the date that is 30 days after the later of-- (i) the date of the enactment of this Act, or (ii) the date such person is first described in subsection (b), and (B) ending on the date such person is no longer described in subsection (b). 4. If there is a tax convention (within the meaning of section 6105(c)(2) of the Internal Revenue Code of 1986) providing for the exchange of tax information between the United States and any foreign country to which section 901(j)(2)(C) of such Code (as added by section 2(a)) applies, the Secretary of the Treasury (or the Secretary's delegate) shall not exchange such tax information with such foreign country during the period that such section applies to such foreign country. SEC. 5. TREATY OBLIGATIONS.

2. DENIAL OF FOREIGN TAX CREDIT, ETC., WITH RESPECT TO TAXES PAID OR ACCRUED TO THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS. (ii) Special rules.--The rules of section 448(c)(3) shall apply for purposes of this paragraph, except that in applying subparagraph (B) thereof to a taxable year in which the entire taxable year does not occur during the post-exit period, the portion of the year during such period shall be treated as a short taxable year for purposes of determining annualized gross receipts. (3) Periods.--For purposes of this subsection-- (A) Pre-exit period.--The term ``pre-exit period'' means-- (i) except as provided in clause (ii), the 12-month period ending on December 31, 2021, and (ii) in the case of a taxpayer with a taxable year which ends on or after November 30, 2021, and before February 24, 2022, such taxable year. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. 3. DENIAL OF CERTAIN OTHER TAX BENEFITS IN CONNECTION WITH THE INVASION OF UKRAINE. (a) In General.--In the case of any person to whom this section applies-- (1) section 892(a) of the Internal Revenue Code of 1986 (relating to income of foreign governments) shall not apply to income received during the period this section applies to such person, (2) notwithstanding section 894 of such Code, such Code shall be applied to such person without regard to any treaty obligation of the United States during the period this section applies to such person, (3) section 895 of such Code (relating to income derived by a foreign central bank of issue from obligations of the United States or from bank deposits) shall not apply to any central bank of such person, (4) sections 871(h) (relating to repeal of tax on interest of nonresident alien individuals received from certain portfolio debt investments) and 881(c) (relating to repeal of tax on interest of foreign corporations received from certain portfolio debt investments) of such Code shall not apply to interest received during the period this section applies to such person, (5) section 864(b) of such Code (relating to trade or business within the United States) shall be applied without regard to paragraph (2) thereof (relating to exception for trading in securities or commodities) with respect to the period during which this section applies to such person, (6) section 883 of such Code (relating to exclusion of income from shipping, etc.) (c) Period for Which This Section Applies.--For purposes of this section-- (1) In general.--This section applies to any person described in subsection (b) during the period-- (A) except as provided in paragraph (2), beginning on the date that is 30 days after the later of-- (i) the date of the enactment of this Act, or (ii) the date such person is first described in subsection (b), and (B) ending on the date such person is no longer described in subsection (b). (2) Related.--A person (hereinafter in this paragraph referred to as the ``related person'') is related to any person if-- (A) the related person bears a relationship to such person which is-- (i) specified in section 267(b) or 707(b)(1) of the Internal Revenue Code of 1986, or (ii) specified in the regulations prescribed under subsection (f), or (B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52 of such Code, determined after the application of the rules of section 2(c)(2)(B)(i)). (f) Regulations.--The Secretary shall prescribe such regulations, rules, or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section. 4. If there is a tax convention (within the meaning of section 6105(c)(2) of the Internal Revenue Code of 1986) providing for the exchange of tax information between the United States and any foreign country to which section 901(j)(2)(C) of such Code (as added by section 2(a)) applies, the Secretary of the Treasury (or the Secretary's delegate) shall not exchange such tax information with such foreign country during the period that such section applies to such foreign country. SEC. 5. TREATY OBLIGATIONS.

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 ``Support Ukraine Through Our Tax Code Act''. 2. DENIAL OF FOREIGN TAX CREDIT, ETC., WITH RESPECT TO TAXES PAID OR ACCRUED TO THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS. (ii) Special rules.--The rules of section 448(c)(3) shall apply for purposes of this paragraph, except that in applying subparagraph (B) thereof to a taxable year in which the entire taxable year does not occur during the post-exit period, the portion of the year during such period shall be treated as a short taxable year for purposes of determining annualized gross receipts. (iii) Receipts related to humanitarian purposes.--For purposes of this subsection, gross receipts shall not include amounts-- (I) which are covered under general or specific licenses of the Office of Foreign Assets Control of the Department of the Treasury which have been identified by the Secretary of the Treasury (or the Secretary's delegate) as licenses to which this clause applies, or (II) which the Secretary of the Treasury (or the Secretary's delegate) has otherwise identified as humanitarian in nature. (3) Periods.--For purposes of this subsection-- (A) Pre-exit period.--The term ``pre-exit period'' means-- (i) except as provided in clause (ii), the 12-month period ending on December 31, 2021, and (ii) in the case of a taxpayer with a taxable year which ends on or after November 30, 2021, and before February 24, 2022, such taxable year. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. 3. DENIAL OF CERTAIN OTHER TAX BENEFITS IN CONNECTION WITH THE INVASION OF UKRAINE. (a) In General.--In the case of any person to whom this section applies-- (1) section 892(a) of the Internal Revenue Code of 1986 (relating to income of foreign governments) shall not apply to income received during the period this section applies to such person, (2) notwithstanding section 894 of such Code, such Code shall be applied to such person without regard to any treaty obligation of the United States during the period this section applies to such person, (3) section 895 of such Code (relating to income derived by a foreign central bank of issue from obligations of the United States or from bank deposits) shall not apply to any central bank of such person, (4) sections 871(h) (relating to repeal of tax on interest of nonresident alien individuals received from certain portfolio debt investments) and 881(c) (relating to repeal of tax on interest of foreign corporations received from certain portfolio debt investments) of such Code shall not apply to interest received during the period this section applies to such person, (5) section 864(b) of such Code (relating to trade or business within the United States) shall be applied without regard to paragraph (2) thereof (relating to exception for trading in securities or commodities) with respect to the period during which this section applies to such person, (6) section 883 of such Code (relating to exclusion of income from shipping, etc.) (c) Period for Which This Section Applies.--For purposes of this section-- (1) In general.--This section applies to any person described in subsection (b) during the period-- (A) except as provided in paragraph (2), beginning on the date that is 30 days after the later of-- (i) the date of the enactment of this Act, or (ii) the date such person is first described in subsection (b), and (B) ending on the date such person is no longer described in subsection (b). (B) Significant modifications.--If, after the date of the enactment of this Act, there is a significant modification of an obligation issued before the date of the enactment of this Act, then, for purposes of applying subsection (a)(4), the period described in paragraph (1) shall begin on the later of-- (i) the earlier of-- (I) the day that is 60 days after the date of such significant modification, or (II) the day that is 180 days after the date of the enactment of this Act, or (ii) the date that is 60 days after the date such person first becomes described in subsection (b). (2) Related.--A person (hereinafter in this paragraph referred to as the ``related person'') is related to any person if-- (A) the related person bears a relationship to such person which is-- (i) specified in section 267(b) or 707(b)(1) of the Internal Revenue Code of 1986, or (ii) specified in the regulations prescribed under subsection (f), or (B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52 of such Code, determined after the application of the rules of section 2(c)(2)(B)(i)). (f) Regulations.--The Secretary shall prescribe such regulations, rules, or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section. 4. If there is a tax convention (within the meaning of section 6105(c)(2) of the Internal Revenue Code of 1986) providing for the exchange of tax information between the United States and any foreign country to which section 901(j)(2)(C) of such Code (as added by section 2(a)) applies, the Secretary of the Treasury (or the Secretary's delegate) shall not exchange such tax information with such foreign country during the period that such section applies to such foreign country. SEC. 5. TREATY OBLIGATIONS.

H.R.3114

Labor and Employment

Longshore and Harbor Workers' COVID-19 Compensation Act of 2022 This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers. The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties. In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Longshore and Harbor Workers' COVID- 19 Compensation Act of 2022''. SEC. 2. CLAIMS RELATED TO COVID-19. (a) In General.--A covered employee who receives a diagnosis of COVID-19 or is subject to an order described in subsection (b)(2) and who provides notice of or files a claim under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) relating to such diagnosis or order shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Harbor Workers' Compensation Act. (b) Covered Employee.--In this Act, the term ``covered employee'' means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq.); (2) the Outer Continental Shelf Lands Act (43 U.S.C. 1333(b)); and (3) section 8171 of title 5, United States Code. (d) Limitation.--This Act shall not apply with respect to a covered employee who-- (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. (f) Exclusion.--The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 944(c)(2)). SEC. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (2) Safety and health requirements.--To be entitled to reimbursement under paragraph (1)-- (A) an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and (B) a carrier-- (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). (b) Reimbursement Procedures.-- (1) In general.--To receive reimbursement under subsection (a), a claim for such reimbursement shall be submitted to the Secretary of Labor-- (A) not earlier than the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Records.--An employer and the employer's carrier shall make, keep, and preserve such records and provide such information as the Secretary of Labor determines necessary or appropriate to carry out this Act. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. 901 et seq.) with respect to which the presumption under section 2(a) is made; (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID-19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. (2) LHWCA terms.--The terms ``carrier'', ``compensation'', ``employee'', and ``employer'' have the meanings given the terms in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902). (3) Longshore covid-19 fund.--The term ``Longshore COVID-19 Fund'' means the fund established in section 45 of the Longshore and Harbor Workers' Compensation Act (as added by section 4 of this Act). (4) Novel coronavirus.--The term ``novel coronavirus'' means SARS-CoV-2, a variant of SARS-CoV-2, or any other coronavirus declared to be a pandemic by public health authorities. SEC. 4. LONGSHORE COVID-19 FUND. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. LONGSHORE COVID-19 FUND. ``(a) In General.--There is established in the Treasury of the United States the Longshore COVID-19 Fund (in this section, referred to as the `Fund'), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022. ``(b) Expenditures.--Amounts in the Fund shall be available for the reimbursement of an employer or the employer's carrier for compensation payments and expenses approved under section 3 of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022, including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses paid under this Act when reimbursement is required under section 3 of the Longshore and Harbor Workers' COVID-19 Compensation Act of 2022, subject to any limitations in such section.''. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022

To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes.

Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022 Longshore and Harbor Workers’ COVID–19 Compensation Act of 2021

Rep. Mrvan, Frank J.

D

IN

This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers. The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties. In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to 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. 2. CLAIMS RELATED TO COVID-19. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 45. 387 117th CONGRESS 2d Session H. R. 3114 [Report No.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). (4) Novel coronavirus.--The term ``novel coronavirus'' means SARS-CoV-2, a variant of SARS-CoV-2, or any other coronavirus declared to be a pandemic by public health authorities. SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. CLAIMS RELATED TO COVID-19. relating to such diagnosis or order shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Harbor Workers' Compensation Act. (b) Covered Employee.--In this Act, the term ``covered employee'' means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who-- (1)(A) is diagnosed with COVID-19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which-- (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee's employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID-19 in the workplace. (c) Clarification of Maritime Employment.--For the purposes of subsection (b), maritime employment does not include employment under-- (1) the Defense Base Act (42 U.S.C. 1651 et seq. ); (2) the Outer Continental Shelf Lands Act (43 U.S.C. (e) Denials on or Before the Date of Enactment.--Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. 944(c)(2)). 3. REIMBURSEMENT. (a) In General.-- (1) Entitlement.--An employer of a covered employee or the employer's carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (2) Safety and health requirements.--To be entitled to reimbursement under paragraph (1)-- (A) an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Records.--An employer and the employer's carrier shall make, keep, and preserve such records and provide such information as the Secretary of Labor determines necessary or appropriate to carry out this Act. (3) Final agency action.--The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations.-- (1) In general.--A reimbursement under this section shall be paid out of the Longshore COVID-19 Fund. (2) Funds.--In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID-19 Fund for each reimbursement paid out of such Fund under this section. (d) Report.--Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating-- (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims-- (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act (33 U.S.C. (e) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions.--In this Act: (1) Covered exposure period.--The term ``covered exposure period'' with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days-- (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID-19 resulting from such exposure. 902). (4) Novel coronavirus.--The term ``novel coronavirus'' means SARS-CoV-2, a variant of SARS-CoV-2, or any other coronavirus declared to be a pandemic by public health authorities. SEC. 4. The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) is amended by adding after section 44 the following: ``SEC. 45. Union Calendar No. 387 117th CONGRESS 2d Session H. R. 3114 [Report No. 117-526] _______________________________________________________________________

H.R.1622

Transportation and Public Works

Stop Underrides Act This bill requires the installation of rear, side, and front underride guards on certain trucks and trailers. Specifically, the Department of Transportation (DOT) must require the installation of rear, side, and front underride guards on the following For rear and side underride guards, DOT must require adherence to a performance standard that requires the guards to be able to prevent intrusion from the body or frame of a trailer, semi-trailer, or truck into the passenger compartment of the motor vehicle that contacts the guard while traveling at 35 miles per hour. In addition, DOT must require drivers to (1) conduct a pre-trip inspection of the underride protection system on their vehicles; (2) identify rusted metal compromising structural integrity, cracked welds, or missing or loose fasteners; and (3) complete any necessary repairs. DOT must establish a Committee on Underride Protection to oversee the ongoing underride guard rulemaking process. DOT must publish data on victims of truck underride crashes on a publicly accessible website and update such data quarterly.

To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes. Be it enacted by the Senate 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 Underrides Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) underride crashes involving passenger motor vehicles striking and traveling underneath a truck or trailer are a significant public health and safety threat; (2) the National Highway Traffic Safety Administration has reported that hundreds of preventable fatalities and life- threatening injuries have occurred as a result of underride crashes; (3) the National Transportation Safety Board has recommended the installation of rear, side, and front underride guards on tractor-trailers and rear and side underride guards on single unit trucks to improve passenger motor vehicle safety; and (4) this Act is introduced in the memory of the thousands of victims of underride crashes, including-- (A) Roya Christine Sadigh, AnnaLeah Karth, Mary Lydia Karth, Roderick Cota, Moonjohn Kim, Corey Moore, Gregg Williams, Guy Champ Crawford, Carl Hall, Michael Higginbotham, Sandra Maddamma, David Mathis, Mary Katherine Mathis, James Mooney, Christopher Weigl, Bill Zink, David Magnan, Jasen Swift, Samuel Sierra, Brittany McHargue, Christopher Samuel Padilla, Riley Hein, Erin Alexander, Jordan Hensley, Edward Hall, Leslie Rosenberg, Sophie Rosenberg, and Ally Davis; (B) those whose catastrophic injuries dramatically changed their lives, including Julie Magnan, Nancy Meuleners, Joshua Rojas, Maiv Yang, Anita Plantage Bomgaars, and Michael B. Hawkins; and (C) those whose precious lives were cut far too short as a result of preventable underride crashes. (b) Purposes.--The purposes of this Act are-- (1) to reduce the number of preventable deaths and injuries caused by underride crashes; and (2) to improve motor carrier and passenger motor vehicle safety. SEC. 3. DEFINITIONS. Section 30102(a) of title 49, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``chapter--'' and inserting ``chapter:''; (2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (15), (20), and (22), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `comprehensive underride protection system' means all of the front underride guards, rear underride guards, or side underride guards, as applicable, installed on a motor vehicle.''; (4) by inserting after paragraph (5) (as so redesignated) the following: ``(6) `front underride guard' means a device installed on or near the front of a motor vehicle that prevents or limits the distance that a vehicle struck by the vehicle with the device will slide under the front of the striking vehicle.''; (5) by inserting after paragraph (12) (as so redesignated) the following: ``(13) `passenger motor vehicle' has the meaning given that term in section 32101. ``(14) `rear underride guard' means a device installed on or near the rear of a motor vehicle that prevents or limits the distance that the front end of a vehicle striking the rear of the vehicle with the device will slide under the rear of the impacted vehicle.''; (6) by inserting after paragraph (15) (as so redesignated) the following: ``(16) `Secretary' means the Secretary of Transportation. ``(17) `semi-trailer' means a trailer, other than a pole trailer, which is designed to rest upon, or be carried by, a motor vehicle. ``(18) `side underride guard' means a device installed on or near the side of a motor vehicle that prevents or limits the distance that the front end of a vehicle striking the side of the vehicle with the device will slide under the side of the impacted vehicle. ``(19) `single unit truck' means a truck (excluding any attached trailer).''; (7) by inserting after paragraph (20) (as so redesignated) the following: ``(21) `trailer' means a vehicle, with or without motive power, that is designed-- ``(A) to carry persons or property; and ``(B) to be drawn by a motor vehicle.''; (8) by inserting ``The term'' after the paragraph designation in each of paragraphs (1) through (22) (as so redesignated); and (9) in each of paragraphs (1) through (22) (as so redesignated), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph. SEC. 4. UNDERRIDE GUARD RULEMAKING. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30129. Underride guards ``(a) Rear Underride Guards.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to require the installation of rear underride guards that meet the performance standards described in paragraph (2) on-- ``(A) any trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; ``(B) any semi-trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(C) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(2) Performance standards.--A rear underride guard shall be considered to meet the performance standard referred to in paragraph (1) if the rear underride guard is able to prevent intrusion from the body or frame of a vehicle described in that paragraph into the passenger compartment of a passenger motor vehicle that contacts the guard while traveling at 35 miles per hour, as verified through crash testing while attached to a trailer, after-- ``(A) an impact in which the passenger vehicle impacts the center of the rear of the trailer, semi- trailer, or single unit truck; ``(B) an impact in which 50 percent of the width of the passenger vehicle overlaps the rear of the trailer, semi-trailer, or single unit truck; and ``(C) an impact in which 30 percent of the width of the passenger vehicle overlaps the rear of the trailer, semi-trailer, or single unit truck. ``(3) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning 1 year after the date on which the final rule is published in the Federal Register. ``(b) Side Underride Guards.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule requiring the installation of side underride guards that meet the performance standards described in paragraph (2) on-- ``(A) any trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; ``(B) any semi-trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(C) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(2) Performance standards.--A side underride guard shall be considered to meet the performance standards referred to in paragraph (1) if the side underride guard is able to prevent intrusion from the body or frame of a vehicle described in that paragraph into the passenger compartment of a passenger motor vehicle that contacts the guard while traveling 35 miles per hour at any angle between 10 degrees and 90 degrees. ``(3) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning on the date that is 1 year after the date on which the final rule is published in the Federal Register. ``(c) Front Underride Guards.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule requiring the installation of front underride guards on-- ``(A) any semi-truck with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(B) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(2) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning on the date that is 1 year after the date on which the final rule is published in the Federal Register. ``(3) Report.--Not later than 1 year after the date of enactment of this section, the Secretary shall-- ``(A) complete research on equipping the vehicles described in paragraph (1) with a front underride guard to prevent trucks from overriding the passenger vehicle; and ``(B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on the research described in subparagraph (A). ``(d) Inspection and Repair Requirements.-- ``(1) Post-accident inspections.--To ensure that all trailers, semi-trailers, and single unit trucks are maintained in safe and proper operating condition at all times, the Secretary shall require that any trailer, semi-trailer, or single unit truck involved in an accident (as defined in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation)) undergo and pass an inspection described in appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations (or successor regulations), to certify that all components of the trailer, semi-trailer, or single unit truck, as applicable, are in safe and proper operating condition. ``(2) Pre-trip inspections.--The Secretary shall require drivers-- ``(A) to conduct a pre-trip inspection of the comprehensive underride protection system required under this section on their trailer, semi-trailer, or single unit truck-- ``(i) to identify-- ``(I) any metal perforated by rust or corrosion that compromises structural integrity; ``(II) cracked welds; ``(III) cracked or fractured vertical members; ``(IV) cuts and tears in any underride guard; and ``(V) missing fasteners and loose fasteners; and ``(ii) to ensure the dimensional integrity of those guards; ``(B) to include the results of the inspection described in subparagraph (A) in the driver vehicle inspection report; and ``(C) to complete any necessary repairs to, or replacement of, the underride protection system before the vehicle is operated.''. (b) Clerical Amendment.--The chapter analysis for chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30128 and inserting the following: ``30128. Vehicle rollover prevention and crash mitigation. ``30129. Underride guards.''. (c) Rulemakings.--The Secretary of Transportation shall amend-- (1) sections 396.11 and 396.13 of title 49, Code of Federal Regulations, in accordance with section 30129(d)(2) of title 49, United States Code (as added by subsection (a)); (2) section 396.17 of title 49, Code of Federal Regulations, to include a requirement that motor carriers and intermodal equipment providers include an inspection of the comprehensive underride protection system (as defined in section 30102(a) of title 49, United States Code) of the commercial motor vehicle in a periodic inspection required under section 396.17 of title 49, Code of Federal Regulations; (3) section 392.7 of title 49, Code of Federal Regulations, to include the comprehensive underride protection system (as defined in section 30102(a) of title 49, United States Code) in the list of parts and accessories and components required to be in good working order under each of subsections (a) and (b) of section 392.7 of title 49, Code of Federal Regulations; and (4) appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations-- (A) by redesignating paragraphs 6 (relating to safe loading) through 14 (relating to motorcoach seats) as paragraphs 7 through 15, respectively; and (B) by inserting after paragraph 5 (relating to lighting devices) the following: ``6. Rear impact guards and rear end protection.--Any trailer or semitrailer required under section 393.86 to be equipped with a rear impact guard or rear end protection-- ``(A) that does not meet the requirements under section 393.86; ``(B) that-- ``(i) is missing; or ``(ii) has-- ``(I) any metal perforated by rust or corrosion that compromises structural integrity; ``(II) a cracked weld; ``(III) a cracked or fractured vertical member; ``(IV) a cut or tear in any underride guard component; or ``(V) a missing fastener or a loose fastener; or ``(C) for which the dimensional integrity of the guard or protection is compromised.''. SEC. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE GUARD STANDARDS. (a) Request for Proposals.--As soon as practicable, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall issue a Request for Proposals for the design of 2 high-capacity rear underride barrier prototypes of a generic guard (with energy absorption and without energy absorption) to prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to 65 miles per hour. (b) Evaluation.--The Secretary shall-- (1) evaluate the proposals received in response to the Request for Proposals issued pursuant to subsection (a); and (2) update the underride guard standards under section 30129 of title 49, United States Code (as added by section 4(a)), as appropriate, to provide the best underride protection that is technologically feasible. (c) Periodic Reviews.-- (1) In general.--Not later than 5 years after the underride guard standards are updated pursuant to subsection (b)(2), and every 5 years thereafter, the Secretary shall-- (A) conduct a review of underride guard standards to evaluate the need for changes in response to advancements in technology; and (B) update the standards accordingly. (2) Report.--After each review conducted under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on the results of the review. SEC. 6. COMMITTEE ON UNDERRIDE PROTECTION. (a) Establishment.--The Secretary of Transportation shall establish the Committee on Underride Protection (referred to in this section as the ``Committee'') to oversee the ongoing underride rulemaking process. (b) Representation.--The Committee shall be composed of-- (1) 1 representative of truck manufacturers; (2) 1 representative of trailer manufacturers; (3) 1 roadside inspector; (4) 1 motor vehicle engineer, who shall be a technician who works on motor vehicle safety improvements; (5) 1 motor vehicle crash reconstructionist; (6) 2 representatives of consumer-oriented traffic safety organizations; (7) 1 representative of the truck and auto insurance industry; (8) 1 law enforcement crash investigator; (9) 1 emergency medical service provider; (10) 1 public health or injury prevention professional; and (11) at least 4 people whose families have been impacted by an underride crash. (c) Meetings.--The Committee shall meet-- (1) until the final rules have been issued pursuant to section 30129 of title 49, United States Code (as added by section 4(a))-- (A) monthly, via conference call; and (B) quarterly, in person, at the Department of Transportation headquarters; and (2) subsequent to the issuance of the final rules described in paragraph (1), annually, at the Department of Transportation headquarters, to assess the status of underride crash protection. (d) Annual Report.--The Committee shall submit an annual report to the appropriate congressional committees that describes the progress made by the Secretary of Transportation in meeting the rulemaking deadlines set forth in section 30129 of title 49, United States Code (as added by section 4(a)). SEC. 7. PUBLICATION OF VICTIMS OF TRUCK UNDERRIDE CRASHES. The Secretary of Transportation shall-- (1) publish data on victims of truck underride crashes on a publicly accessible website; and (2) update the data described in paragraph (1) not less frequently than quarterly. <all>

Stop Underrides Act

To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes.

Stop Underrides Act

Rep. Cohen, Steve

D

TN

This bill requires the installation of rear, side, and front underride guards on certain trucks and trailers. Specifically, the Department of Transportation (DOT) must require the installation of rear, side, and front underride guards on the following For rear and side underride guards, DOT must require adherence to a performance standard that requires the guards to be able to prevent intrusion from the body or frame of a trailer, semi-trailer, or truck into the passenger compartment of the motor vehicle that contacts the guard while traveling at 35 miles per hour. In addition, DOT must require drivers to (1) conduct a pre-trip inspection of the underride protection system on their vehicles; (2) identify rusted metal compromising structural integrity, cracked welds, or missing or loose fasteners; and (3) complete any necessary repairs. DOT must establish a Committee on Underride Protection to oversee the ongoing underride guard rulemaking process. DOT must publish data on victims of truck underride crashes on a publicly accessible website and update such data quarterly.

To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes. SHORT TITLE. This Act may be cited as the ``Stop Underrides Act''. 2. ``(14) `rear underride guard' means a device installed on or near the rear of a motor vehicle that prevents or limits the distance that the front end of a vehicle striking the rear of the vehicle with the device will slide under the rear of the impacted vehicle. ``(19) `single unit truck' means a truck (excluding any attached trailer). 4. 30129. ``(b) Side Underride Guards.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule requiring the installation of side underride guards that meet the performance standards described in paragraph (2) on-- ``(A) any trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; ``(B) any semi-trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(C) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(3) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning on the date that is 1 year after the date on which the final rule is published in the Federal Register. ``(2) Pre-trip inspections.--The Secretary shall require drivers-- ``(A) to conduct a pre-trip inspection of the comprehensive underride protection system required under this section on their trailer, semi-trailer, or single unit truck-- ``(i) to identify-- ``(I) any metal perforated by rust or corrosion that compromises structural integrity; ``(II) cracked welds; ``(III) cracked or fractured vertical members; ``(IV) cuts and tears in any underride guard; and ``(V) missing fasteners and loose fasteners; and ``(ii) to ensure the dimensional integrity of those guards; ``(B) to include the results of the inspection described in subparagraph (A) in the driver vehicle inspection report; and ``(C) to complete any necessary repairs to, or replacement of, the underride protection system before the vehicle is operated.''. (b) Clerical Amendment.--The chapter analysis for chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30128 and inserting the following: ``30128. Underride guards.''. 5. (2) Report.--After each review conducted under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on the results of the review. 6. COMMITTEE ON UNDERRIDE PROTECTION. SEC. 7.

To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes. SHORT TITLE. This Act may be cited as the ``Stop Underrides Act''. 2. ``(14) `rear underride guard' means a device installed on or near the rear of a motor vehicle that prevents or limits the distance that the front end of a vehicle striking the rear of the vehicle with the device will slide under the rear of the impacted vehicle. ``(19) `single unit truck' means a truck (excluding any attached trailer). 4. 30129. ``(b) Side Underride Guards.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule requiring the installation of side underride guards that meet the performance standards described in paragraph (2) on-- ``(A) any trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; ``(B) any semi-trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(C) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(3) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning on the date that is 1 year after the date on which the final rule is published in the Federal Register. (b) Clerical Amendment.--The chapter analysis for chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30128 and inserting the following: ``30128. Underride guards.''. 5. (2) Report.--After each review conducted under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on the results of the review. 6. COMMITTEE ON UNDERRIDE PROTECTION. SEC. 7.

To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes. SHORT TITLE. This Act may be cited as the ``Stop Underrides Act''. 2. FINDINGS AND PURPOSES. DEFINITIONS. ``(14) `rear underride guard' means a device installed on or near the rear of a motor vehicle that prevents or limits the distance that the front end of a vehicle striking the rear of the vehicle with the device will slide under the rear of the impacted vehicle. ``(19) `single unit truck' means a truck (excluding any attached trailer). ''; (8) by inserting ``The term'' after the paragraph designation in each of paragraphs (1) through (22) (as so redesignated); and (9) in each of paragraphs (1) through (22) (as so redesignated), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph. 4. UNDERRIDE GUARD RULEMAKING. 30129. ``(b) Side Underride Guards.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule requiring the installation of side underride guards that meet the performance standards described in paragraph (2) on-- ``(A) any trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; ``(B) any semi-trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(C) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(3) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning on the date that is 1 year after the date on which the final rule is published in the Federal Register. ``(d) Inspection and Repair Requirements.-- ``(1) Post-accident inspections.--To ensure that all trailers, semi-trailers, and single unit trucks are maintained in safe and proper operating condition at all times, the Secretary shall require that any trailer, semi-trailer, or single unit truck involved in an accident (as defined in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation)) undergo and pass an inspection described in appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations (or successor regulations), to certify that all components of the trailer, semi-trailer, or single unit truck, as applicable, are in safe and proper operating condition. ``(2) Pre-trip inspections.--The Secretary shall require drivers-- ``(A) to conduct a pre-trip inspection of the comprehensive underride protection system required under this section on their trailer, semi-trailer, or single unit truck-- ``(i) to identify-- ``(I) any metal perforated by rust or corrosion that compromises structural integrity; ``(II) cracked welds; ``(III) cracked or fractured vertical members; ``(IV) cuts and tears in any underride guard; and ``(V) missing fasteners and loose fasteners; and ``(ii) to ensure the dimensional integrity of those guards; ``(B) to include the results of the inspection described in subparagraph (A) in the driver vehicle inspection report; and ``(C) to complete any necessary repairs to, or replacement of, the underride protection system before the vehicle is operated.''. (b) Clerical Amendment.--The chapter analysis for chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30128 and inserting the following: ``30128. Underride guards.''. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE GUARD STANDARDS. (a) Request for Proposals.--As soon as practicable, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall issue a Request for Proposals for the design of 2 high-capacity rear underride barrier prototypes of a generic guard (with energy absorption and without energy absorption) to prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to 65 miles per hour. (2) Report.--After each review conducted under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on the results of the review. 6. COMMITTEE ON UNDERRIDE PROTECTION. SEC. 7.

To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes. SHORT TITLE. This Act may be cited as the ``Stop Underrides Act''. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) underride crashes involving passenger motor vehicles striking and traveling underneath a truck or trailer are a significant public health and safety threat; (2) the National Highway Traffic Safety Administration has reported that hundreds of preventable fatalities and life- threatening injuries have occurred as a result of underride crashes; (3) the National Transportation Safety Board has recommended the installation of rear, side, and front underride guards on tractor-trailers and rear and side underride guards on single unit trucks to improve passenger motor vehicle safety; and (4) this Act is introduced in the memory of the thousands of victims of underride crashes, including-- (A) Roya Christine Sadigh, AnnaLeah Karth, Mary Lydia Karth, Roderick Cota, Moonjohn Kim, Corey Moore, Gregg Williams, Guy Champ Crawford, Carl Hall, Michael Higginbotham, Sandra Maddamma, David Mathis, Mary Katherine Mathis, James Mooney, Christopher Weigl, Bill Zink, David Magnan, Jasen Swift, Samuel Sierra, Brittany McHargue, Christopher Samuel Padilla, Riley Hein, Erin Alexander, Jordan Hensley, Edward Hall, Leslie Rosenberg, Sophie Rosenberg, and Ally Davis; (B) those whose catastrophic injuries dramatically changed their lives, including Julie Magnan, Nancy Meuleners, Joshua Rojas, Maiv Yang, Anita Plantage Bomgaars, and Michael B. Hawkins; and (C) those whose precious lives were cut far too short as a result of preventable underride crashes. DEFINITIONS. ``(14) `rear underride guard' means a device installed on or near the rear of a motor vehicle that prevents or limits the distance that the front end of a vehicle striking the rear of the vehicle with the device will slide under the rear of the impacted vehicle. ``(19) `single unit truck' means a truck (excluding any attached trailer). ''; (8) by inserting ``The term'' after the paragraph designation in each of paragraphs (1) through (22) (as so redesignated); and (9) in each of paragraphs (1) through (22) (as so redesignated), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph. 4. UNDERRIDE GUARD RULEMAKING. 30129. ``(b) Side Underride Guards.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule requiring the installation of side underride guards that meet the performance standards described in paragraph (2) on-- ``(A) any trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; ``(B) any semi-trailer with a gross vehicle weight rating of 10,000 pounds or more that is manufactured on or after the effective date of the rule; and ``(C) any single unit truck-- ``(i) the bottom of the carriage of which is greater than 22 inches above the ground; ``(ii) with a gross vehicle weight rating of 10,000 pounds or more; and ``(iii) that is manufactured on or after the effective date of the rule. ``(3) Compliance date.--Compliance with the rule issued by the Secretary under paragraph (1) shall be required beginning on the date that is 1 year after the date on which the final rule is published in the Federal Register. ``(d) Inspection and Repair Requirements.-- ``(1) Post-accident inspections.--To ensure that all trailers, semi-trailers, and single unit trucks are maintained in safe and proper operating condition at all times, the Secretary shall require that any trailer, semi-trailer, or single unit truck involved in an accident (as defined in section 390.5 of title 49, Code of Federal Regulations (or a successor regulation)) undergo and pass an inspection described in appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations (or successor regulations), to certify that all components of the trailer, semi-trailer, or single unit truck, as applicable, are in safe and proper operating condition. ``(2) Pre-trip inspections.--The Secretary shall require drivers-- ``(A) to conduct a pre-trip inspection of the comprehensive underride protection system required under this section on their trailer, semi-trailer, or single unit truck-- ``(i) to identify-- ``(I) any metal perforated by rust or corrosion that compromises structural integrity; ``(II) cracked welds; ``(III) cracked or fractured vertical members; ``(IV) cuts and tears in any underride guard; and ``(V) missing fasteners and loose fasteners; and ``(ii) to ensure the dimensional integrity of those guards; ``(B) to include the results of the inspection described in subparagraph (A) in the driver vehicle inspection report; and ``(C) to complete any necessary repairs to, or replacement of, the underride protection system before the vehicle is operated.''. (b) Clerical Amendment.--The chapter analysis for chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30128 and inserting the following: ``30128. Vehicle rollover prevention and crash mitigation. Underride guards.''. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE GUARD STANDARDS. (a) Request for Proposals.--As soon as practicable, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall issue a Request for Proposals for the design of 2 high-capacity rear underride barrier prototypes of a generic guard (with energy absorption and without energy absorption) to prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to 65 miles per hour. (2) Report.--After each review conducted under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on the results of the review. 6. COMMITTEE ON UNDERRIDE PROTECTION. SEC. 7.

H.R.1354

Public Lands and Natural Resources

Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act This bill directs the Department of the Interior to conduct a special resource study of the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and Baldwin Hills and the San Pedro section of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. Interior shall (1) evaluate the national significance of the study area, and (2) determine the suitability and feasibility of designating it as a unit of the National Park System.

To direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (b) Special Resource Study.-- (1) Study.--The Secretary shall conduct a special resource study of the study area. (2) Contents.--In conducting the study under paragraph (1), the Secretary shall-- (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (3) Applicable law.--The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (4) Report.--Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) the results of the study; and (B) any conclusions and recommendations of the Secretary. <all>

Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act

To direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes.

Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act

Rep. Lieu, Ted

D

CA

This bill directs the Department of the Interior to conduct a special resource study of the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and Baldwin Hills and the San Pedro section of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. Interior shall (1) evaluate the national significance of the study area, and (2) determine the suitability and feasibility of designating it as a unit of the National Park System.

To direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (b) Special Resource Study.-- (1) Study.--The Secretary shall conduct a special resource study of the study area. (2) Contents.--In conducting the study under paragraph (1), the Secretary shall-- (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (3) Applicable law.--The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (4) Report.--Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) the results of the study; and (B) any conclusions and recommendations of the Secretary. <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 ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (b) Special Resource Study.-- (1) Study.--The Secretary shall conduct a special resource study of the study area. (2) Contents.--In conducting the study under paragraph (1), the Secretary shall-- (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (3) Applicable law.--The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (4) Report.--Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) the results of the study; and (B) any conclusions and recommendations of the Secretary.

To direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (b) Special Resource Study.-- (1) Study.--The Secretary shall conduct a special resource study of the study area. (2) Contents.--In conducting the study under paragraph (1), the Secretary shall-- (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (3) Applicable law.--The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (4) Report.--Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) the results of the study; and (B) any conclusions and recommendations of the Secretary. <all>

To direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act''. SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and the Baldwin Hills and the San Pedro section of the City of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue. (b) Special Resource Study.-- (1) Study.--The Secretary shall conduct a special resource study of the study area. (2) Contents.--In conducting the study under paragraph (1), the Secretary shall-- (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (D) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (3) Applicable law.--The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (4) Report.--Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) the results of the study; and (B) any conclusions and recommendations of the Secretary. <all>

S.455

Public Lands and Natural Resources

Wild Olympics Wilderness and Wild and Scenic Rivers Act This bill designates (1) certain federal land in the Olympic National Forest in the state of Washington as wilderness and as components of the National Wilderness Preservation System; and (2) certain other land, identified on the same map as such proposed areas, as potential wilderness. The bill designates as wild, scenic, or recreational rivers specified segments of the following rivers in the state of Washington The Department of Agriculture may take necessary measures to control fire, insects, and diseases in the wilderness areas designated by this bill.

To designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Olympics Wilderness and Wild and Scenic Rivers Act''. SEC. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled ``Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8, 2019 (referred to in this section as the ``map''), is designated as wilderness and as components of the National Wilderness Preservation System: (1) Lost creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the ``Lost Creek Wilderness''. (2) Rugged ridge wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the ``Rugged Ridge Wilderness''. (3) Alckee creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the ``Alckee Creek Wilderness''. (4) Gates of the elwha wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the ``Gates of the Elwha Wilderness''. (5) Buckhorn wilderness additions.--Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Buckhorn Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). (6) Green mountain wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the ``Green Mountain Wilderness''. (7) The brothers wilderness additions.--Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``The Brothers Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). (8) Mount skokomish wilderness additions.--Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Mount Skokomish Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). (9) Wonder mountain wilderness additions.--Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Wonder Mountain Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). (10) Moonlight dome wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the ``Moonlight Dome Wilderness''. (11) South quinault ridge wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the ``South Quinault Ridge Wilderness''. (12) Colonel bob wilderness additions.--Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Colonel Bob Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). (13) Sam's river wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the ``Sam's River Wilderness''. (14) Canoe creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the ``Canoe Creek Wilderness''. (b) Administration.-- (1) Management.--Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the ``Secretary''), in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Map and description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Effect.--Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability.--Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Potential Wilderness.-- (1) In general.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as ``Potential Wilderness'' on the map, is designated as potential wilderness. (2) Designation as wilderness.--On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be-- (A) designated as wilderness and as a component of the National Wilderness Preservation System; and (B) incorporated into the adjacent wilderness area. (d) Adjacent Management.-- (1) No protective perimeters or buffer zones.--The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area. (2) Nonconforming uses permitted outside of boundaries of wilderness areas.--Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area. (e) Fire, Insects, and Diseases.--The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such terms and conditions as the Secretary determines to be appropriate. SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS. (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Elwha river, washington.--The approximately 29.0- mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river. ``(232) Dungeness river, washington.--The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: ``(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river. ``(B) The approximately 2.1-mile segment of the Dungeness River from the 2870 Bridge to Silver Creek, as a scenic river. ``(C) The approximately 2.7-mile segment of the Dungeness River from Silver Creek to Sleepy Hollow Creek, as a wild river. ``(D) The approximately 6.3-mile segment of the Dungeness River from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river. ``(E) The approximately 1.9-mile segment of the Dungeness River from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). ``(F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river. ``(G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river. ``(233) Big quilcene river, washington.--The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes: ``(A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river. ``(B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. ``(C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary. ``(234) Dosewallips river, washington.--The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river. ``(B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river. ``(235) Duckabush river, washington.--The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river. ``(B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river. ``(236) Hamma hamma river, washington.--The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by the Secretary of Agriculture, in the following classes: ``(A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river. ``(B) The approximately 5.8-mile segment from the Mt. Skokomish Wilderness boundary to Lena Creek, as a scenic river. ``(C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). ``(237) South fork skokomish river, washington.--The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: ``(A) The approximately 6.7-mile segment from the headwaters to Church Creek, as a wild river. ``(B) The approximately 8.3-mile segment from Church Creek to LeBar Creek, as a scenic river. ``(C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW\1/4\ sec. 22, T. 22 N., R. 5 W., as a recreational river. ``(D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river. ``(238) Middle fork satsop river, washington.--The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. ``(239) West fork satsop river, washington.--The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. ``(240) Wynoochee river, washington.--The segment of the Wynoochee River from the headwaters to the head of Wynoochee Reservoir to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 2.5-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river. ``(B) The approximately 7.4-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river. ``(241) East fork humptulips river, washington.--The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: ``(A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome Wilderness boundary, as a wild river. ``(B) The approximately 10.3-mile segment from the Moonlight Dome Wilderness boundary to the Olympic National Forest boundary, as a scenic river. ``(242) West fork humptulips river, washington.--The approximately 21.4-mile segment of the West Fork Humptulips River from the headwaters to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river. ``(243) Quinault river, washington.--The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river. ``(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. ``(C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river. ``(244) Queets river, washington.--The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes: ``(A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river. ``(B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river. ``(C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river. ``(D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, to be administered as a scenic river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). ``(245) Hoh river, washington.--The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. ``(B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river. ``(C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the Olympic National Park boundary, as a wild river. ``(D) The approximately 4.6-mile segment of the South Fork Hoh River from the Olympic National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). ``(246) Bogachiel river, washington.--The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river. ``(247) South fork calawah river, washington.--The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments in the following classes: ``(A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river. ``(B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river. ``(C) The approximately 1.6-mile segment of the Sitkum River from the headwaters to the Rugged Ridge Wilderness boundary, as a wild river. ``(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. ``(248) Sol duc river, washington.--The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, including the following segments of the mainstem and certain tributaries in the following classes: ``(A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river. ``(B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river. ``(C) The approximately 14.2-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river. ``(D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river. ``(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. ``(249) Lyre river, washington.--The approximately 0.2-mile segment of the Lyre River from Lake Crescent to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river.''. (b) Effect.--The amendment made by subsection (a) does not affect valid existing water rights. (c) Updates to Land and Resource Management Plans.-- (1) In general.--Except as provided in paragraph (2), not later than 3 years after the date of enactment of this Act, the Secretary of Agriculture shall, with respect to the designations made under subsection (a) on lands under the jurisdiction of the Secretary, incorporate such designations into updated management plans for units of the National Forest System in accordance with applicable laws (including regulations). (2) Exception.--The date specified in paragraph (1) shall be 5 years after the date of enactment of this Act if the Secretary of Agriculture-- (A) is unable to meet the requirement under that paragraph by the date specified in such paragraph; and (B) not later than 3 years after the date of enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of that paragraph. (3) Comprehensive management plan requirements.--Updated management plans under paragraph (1) or (2) satisfy the requirements under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). SEC. 4. EXISTING RIGHTS AND WITHDRAWAL. (a) In General.--In accordance with section 12(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this Act or the amendment made by section 3(a) affects or abrogates existing rights, privileges, or contracts held by private parties, nor does this Act in any way modify or direct the management, acquisition, or disposition of land managed by the Washington Department of Natural Resources on behalf of the State of Washington. (b) Withdrawal.--Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this Act and the amendment made by section 3(a) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. SEC. 5. TREATY RIGHTS. Nothing in this Act alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with hunting, fishing, gathering, and cultural or religious rights as protected by a treaty. <all>

Wild Olympics Wilderness and Wild and Scenic Rivers Act

A bill to designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes.

Wild Olympics Wilderness and Wild and Scenic Rivers Act

Sen. Murray, Patty

D

WA

This bill designates (1) certain federal land in the Olympic National Forest in the state of Washington as wilderness and as components of the National Wilderness Preservation System; and (2) certain other land, identified on the same map as such proposed areas, as potential wilderness. The bill designates as wild, scenic, or recreational rivers specified segments of the following rivers in the state of Washington The Department of Agriculture may take necessary measures to control fire, insects, and diseases in the wilderness areas designated by this bill.

2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. 1132 note; Public Law 98-339). (14) Canoe creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the ``Canoe Creek Wilderness''. (2) Map and description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. 1131 et seq. 3. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: ``(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). 15, as a scenic river. 1, as a scenic river. ``(236) Hamma hamma river, washington.--The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW\1/4\ sec. Skokomish Wilderness boundary, as a wild river. ``(B) The approximately 5.8-mile segment from the Mt. 22, T. 22 N., R. 5 W., as a recreational river. ``(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. ``(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. ``(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (b) Effect.--The amendment made by subsection (a) does not affect valid existing water rights. (2) Exception.--The date specified in paragraph (1) shall be 5 years after the date of enactment of this Act if the Secretary of Agriculture-- (A) is unable to meet the requirement under that paragraph by the date specified in such paragraph; and (B) not later than 3 years after the date of enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of that paragraph. 1274(d)). 4. SEC. TREATY RIGHTS.

2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. 1132 note; Public Law 98-339). (14) Canoe creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the ``Canoe Creek Wilderness''. 1131 et seq. 3. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: ``(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). 1, as a scenic river. Skokomish Wilderness boundary, as a wild river. ``(B) The approximately 5.8-mile segment from the Mt. 22, T. 22 N., R. 5 W., as a recreational river. ``(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. ``(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (b) Effect.--The amendment made by subsection (a) does not affect valid existing water rights. (2) Exception.--The date specified in paragraph (1) shall be 5 years after the date of enactment of this Act if the Secretary of Agriculture-- (A) is unable to meet the requirement under that paragraph by the date specified in such paragraph; and (B) not later than 3 years after the date of enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of that paragraph. 4. SEC. TREATY RIGHTS.

SHORT TITLE. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. (9) Wonder mountain wilderness additions.--Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Wonder Mountain Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339). (14) Canoe creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the ``Canoe Creek Wilderness''. (2) Map and description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. 1131 et seq. (d) Adjacent Management.-- (1) No protective perimeters or buffer zones.--The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area. (2) Nonconforming uses permitted outside of boundaries of wilderness areas.--Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area. 1133(d)(1)) and subject to such terms and conditions as the Secretary determines to be appropriate. 3. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: ``(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). ``(B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. 15, as a scenic river. 1, as a scenic river. ``(236) Hamma hamma river, washington.--The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW\1/4\ sec. Skokomish Wilderness boundary, as a wild river. ``(B) The approximately 5.8-mile segment from the Mt. 22, T. 22 N., R. 5 W., as a recreational river. ``(243) Quinault river, washington.--The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. ``(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. ``(245) Hoh river, washington.--The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. ``(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. ``(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (b) Effect.--The amendment made by subsection (a) does not affect valid existing water rights. (2) Exception.--The date specified in paragraph (1) shall be 5 years after the date of enactment of this Act if the Secretary of Agriculture-- (A) is unable to meet the requirement under that paragraph by the date specified in such paragraph; and (B) not later than 3 years after the date of enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of that paragraph. 1274(d)). 4. SEC. TREATY RIGHTS.

SHORT TITLE. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS. (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. (9) Wonder mountain wilderness additions.--Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the ``Wonder Mountain Wilderness'', as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. (10) Moonlight dome wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the ``Moonlight Dome Wilderness''. 1132 note; Public Law 98-339). (14) Canoe creek wilderness.--Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the ``Canoe Creek Wilderness''. (2) Map and description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. 1131 et seq. (d) Adjacent Management.-- (1) No protective perimeters or buffer zones.--The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area. (2) Nonconforming uses permitted outside of boundaries of wilderness areas.--Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area. (e) Fire, Insects, and Diseases.--The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such terms and conditions as the Secretary determines to be appropriate. 3. 1274(a)) is amended by adding at the end the following: ``(231) Elwha river, washington.--The approximately 29.0- mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: ``(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture, as provided in section 10(e). ``(B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. 15, as a scenic river. 1, as a scenic river. ``(236) Hamma hamma river, washington.--The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW\1/4\ sec. Skokomish Wilderness boundary, as a wild river. ``(B) The approximately 5.8-mile segment from the Mt. 22, T. 22 N., R. 5 W., as a recreational river. ``(242) West fork humptulips river, washington.--The approximately 21.4-mile segment of the West Fork Humptulips River from the headwaters to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river. ``(243) Quinault river, washington.--The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. ``(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. ``(C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river. ``(245) Hoh river, washington.--The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. ``(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. ``(C) The approximately 14.2-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river. ``(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (b) Effect.--The amendment made by subsection (a) does not affect valid existing water rights. (2) Exception.--The date specified in paragraph (1) shall be 5 years after the date of enactment of this Act if the Secretary of Agriculture-- (A) is unable to meet the requirement under that paragraph by the date specified in such paragraph; and (B) not later than 3 years after the date of enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of that paragraph. 1274(d)). 4. EXISTING RIGHTS AND WITHDRAWAL. SEC. TREATY RIGHTS. Nothing in this Act alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with hunting, fishing, gathering, and cultural or religious rights as protected by a treaty.

H.R.9622

Government Operations and Politics

Sustaining Tenth Amendment Truths for Every State Act of 2022 or the STATES Act of 2022 This bill provides that an action of a state agency taken pursuant to state law shall have effect within the state notwithstanding federal law to the contrary, if the federal law purports to apply under authority to create such law that is not explicitly delegated to the federal government within the stated words of the U.S. Constitution.

To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustaining Tenth Amendment Truths for Every State Act of 2022'' or as the ``STATES Act of 2022''. SEC. 2. STATE AGENCY PREFERENCE. (a) In General.--Within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, if the Federal law purports to apply under authority to create such law that is not specifically, unequivocally, and explicitly delegated to the United States Government within the stated words of the United States Constitution. (b) State Defined.--In this Act, the term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. <all>

STATES Act of 2022

To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes.

STATES Act of 2022 Sustaining Tenth Amendment Truths for Every State Act of 2022

Rep. Gohmert, Louie

R

TX

This bill provides that an action of a state agency taken pursuant to state law shall have effect within the state notwithstanding federal law to the contrary, if the federal law purports to apply under authority to create such law that is not explicitly delegated to the federal government within the stated words of the U.S. Constitution.

To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustaining Tenth Amendment Truths for Every State Act of 2022'' or as the ``STATES Act of 2022''. SEC. 2. STATE AGENCY PREFERENCE. (a) In General.--Within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, if the Federal law purports to apply under authority to create such law that is not specifically, unequivocally, and explicitly delegated to the United States Government within the stated words of the United States Constitution. (b) State Defined.--In this Act, the term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. <all>

To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustaining Tenth Amendment Truths for Every State Act of 2022'' or as the ``STATES Act of 2022''. SEC. 2. STATE AGENCY PREFERENCE. (a) In General.--Within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, if the Federal law purports to apply under authority to create such law that is not specifically, unequivocally, and explicitly delegated to the United States Government within the stated words of the United States Constitution. (b) State Defined.--In this Act, the term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. <all>

To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustaining Tenth Amendment Truths for Every State Act of 2022'' or as the ``STATES Act of 2022''. SEC. 2. STATE AGENCY PREFERENCE. (a) In General.--Within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, if the Federal law purports to apply under authority to create such law that is not specifically, unequivocally, and explicitly delegated to the United States Government within the stated words of the United States Constitution. (b) State Defined.--In this Act, the term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. <all>

To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustaining Tenth Amendment Truths for Every State Act of 2022'' or as the ``STATES Act of 2022''. SEC. 2. STATE AGENCY PREFERENCE. (a) In General.--Within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, if the Federal law purports to apply under authority to create such law that is not specifically, unequivocally, and explicitly delegated to the United States Government within the stated words of the United States Constitution. (b) State Defined.--In this Act, the term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. <all>

S.2569

Labor and Employment

Domestic Workers Bill of Rights Act This bill provides rights and protections for domestic workers (e.g., housekeepers, nannies, caretakers, personal assistants, and chauffeurs), including pay and leave rights, and health and safety protections. Specifically, the bill repeals the exemption of domestic live-in employees from certain minimum wage and maximum hour requirements. Employers must provide written notice of termination and provide at least 30 days of lodging and two weeks of severance pay to terminated live-in employees. Live-in employees also must be provided with reasonable access to telephone and internet service during their employment. The bill requires employers to provide domestic workers with a written agreement covering wages, sick leave, benefits, and other matters. Further, domestic workers may request and be granted changes to work schedules due to personal events. The bill also provides domestic workers with certain privacy rights, extends to domestic workers protections against discrimination in employment, and increases the federal medical assistance percentage (FMAP) for certain Medicaid-funded medical services provided by domestic workers. The Department of Labor must (1) award grants for a domestic worker national hotline for reporting emergencies, training on hazards facing domestic workers, and workforce investment activities for domestic workers; and (2) establish a Domestic Worker Wage and Standards Board to investigate standards in the domestic workers industry. Labor must publish online a document that describes the rights and protections for domestic workers under this bill.

To enhance the rights of domestic workers, and for other 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 ``Domestic Workers Bill of Rights 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. Definitions. TITLE I--DOMESTIC WORKER RIGHTS AND PROTECTIONS Subtitle A--Amendments to the Fair Labor Standards Act of 1938 Sec. 101. Overtime protections for live-in domestic employees. Sec. 102. Live-in domestic employees termination notices and communications. Sec. 103. Enforcement. Subtitle B--Domestic Worker Rights Sec. 110. Written agreements. Sec. 111. Earned sick days. Sec. 112. Fair scheduling practices. Sec. 113. Right to request and receive temporary changes to scheduled work hours due to personal events. Sec. 114. Privacy. Sec. 115. Breaks for meals and rest. Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes of communication. Sec. 117. Prohibited acts. Sec. 118. Enforcement authority. Sec. 119. Effect on existing employment benefits and other laws. Subtitle C--Domestic Worker Health and Safety Sec. 121. National domestic worker hotline. Sec. 122. Access to health and safety. Sec. 123. Occupational safety and health training grants. Sec. 124. Workplace harassment survivor supports study. Subtitle D--Amendment to Title VII of Civil Rights Act of 1964 Sec. 131. Including certain domestic workers in civil rights protections against discrimination in employment. TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT Sec. 201. Domestic worker standards board. Sec. 202. Domestic workers' benefits study. Sec. 203. Workforce investment activities grants for domestic workers. Sec. 204. Report on career pathways, training standards, and apprenticeships for domestic workers. TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS Sec. 301. Definitions. Sec. 302. Notice of domestic worker rights. Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights Enforcement. Sec. 304. National grant for community-based education, outreach, and enforcement of domestic worker rights. Sec. 305. Encouraging the use of fiscal intermediaries. Sec. 306. J-1 Visa program. Sec. 307. Application to domestic workers who provide Medicaid-funded services. Sec. 308. Delayed enforcement for government-funded programs. TITLE IV--FUNDING Sec. 401. Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic workers. Sec. 402. Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid. Sec. 403. Authorization of appropriations. TITLE V--SEVERABILITY Sec. 501. Severability. SEC. 2. FINDINGS. Congress finds the following: (1) There are an estimated 2,200,000 domestic workers across the United States working in private homes to provide home and personal care, child care, and house-cleaning services. (2) Domestic work is a job-enabling job that makes all other work possible. It is labor that cannot be outsourced to individuals abroad, nor is it close to being automated. Without the millions of domestic workers caring for children, seniors, and people with disabilities, and cleaning homes, much of the economy would come to a standstill. (3) During the COVID-19 pandemic, domestic work and other low-wage service jobs, disproportionately held by women, women of color, and immigrants, have been deemed essential. This crisis has shown how essential these jobs have always been to our economy. At great risk to the health of themselves and their families, domestic workers have worked on the frontlines of the pandemic to provide care to those more vulnerable to COVID-19, seniors, and individuals with disabilities, and have provided child care for the children of essential workers. A study of Black immigrant domestic workers conducted by the Institute for Policy Studies and the National Domestic Workers Alliance in May and June of 2020 found that 25 percent of workers surveyed experienced or lived with someone who has experienced COVID-19 symptoms. 73 percent of such workers surveyed indicated that they did not received personal protective equipment (``PPE'') from their employers. (4) Domestic workers experienced a rapid and sustained loss of jobs during the COVID-19 pandemic, which exacerbated the existing financial insecurity experienced by many domestic workers. Surveys from the National Domestic Workers Alliance and NDWA Labs between March and September 2020 found that for 6 consecutive months more than half of domestic workers surveyed were unable to pay their rent or mortgage. Nearly \3/4\ of workers surveyed did not receive any compensation when their jobs were canceled. (5) The employment of individuals in domestic service in households affects commerce, as described in section 2(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)). (6) Domestic workers are hired or contacted for work by phone, mail, or internet, or through newspaper ads, and travel to work through transportation on interstate highways, interstate transit, or vehicles in interstate commerce. (7) In 2019, the Bureau of Labor Statistics predicted that between 2019 and 2029-- (A) the number of new jobs for home health and personal care aides will increase by 34 percent, which is an increase of 1,159,500 jobs and the largest increase in new jobs of any occupational category during such period; and (B) the number of new jobs for child care and house cleaning positions will increase by 6 to 7 percent. (8) The COVID-19 pandemic has increased the demand for in- home child care. According to the Center for Translational Neuroscience, the percentage of parents reporting use of home- based child care has grown since the onset of the pandemic from 27 percent to 31 percent. (9) An increasing number of workers, including domestic workers, are finding work on online platforms. An analysis from the JPMorgan Chase Institute found that between 2013 and 2018, the percentage of adults that had earned income from online platforms increased from 0.3 percent to 1.5 percent. (10) 9 out of 10 domestic workers are women, and such women are disproportionately people of color and immigrants. Women, people of color, and immigrants have historically faced barriers to employment and economic advancement. According to the Economic Policy Institute, domestic workers also tend to be older than other workers. 2 in 5 domestic workers are age 50 or older, while just \1/3\ of all other workers are at least 50 years old. (11) Domestic workers are paid low wages, can be subjected to workplace health and safety hazards, and face difficulties saving for retirement. An Economic Policy Institute analysis of data from the Current Population Survey indicates that the average wage for a domestic worker is approximately $12 per hour or $15,980 per year if working full-time. In practice, the average wage for a domestic worker is less than such approximation given that domestic work has largely been negotiated in the informal labor market. (12) Low-wage workers, including domestic workers, experience high rates of minimum wage and overtime violations, violations of laws related to workers' compensation and other workplace benefits, and illegal retaliation. A 2017 study from the Economic Policy Institute found that 2,400,000 workers--17 percent of the low-wage workforce--experiences wage theft. A 2009 report from the National Employment Law Project found that employment in private homes was one of the 3 industries with the highest rates of employment and labor law violations. (13) A landmark study of domestic workers published in 2012 by the National Domestic Workers Alliance and the Center for Urban Economic Development of the University of Illinois at Chicago Data Center titled ``Home Economics: The Invisible and Unregulated World of Domestic Work'' indicated poor working conditions across the domestic workers industry. The findings of such study included that-- (A) domestic workers have little control over their working conditions, and employment is usually arranged without a written contract; (B) 35 percent of domestic workers interviewed reported that they worked long hours without breaks in the year immediately preceding the interview; (C) 25 percent of live-in domestic workers had responsibilities that prevented them from getting at least 5 hours of uninterrupted sleep at night during the week immediately preceding the interview; and (D) 91 percent of domestic workers interviewed who encountered problems with their working conditions in the year immediately preceding the interview did not complain about their working conditions because they were afraid they would lose their job. (14) The study described in paragraph (13) found that domestic workers have little access to federally supported employment benefits. For instance-- (A) less than 2 percent of such workers receive retirement or pension benefits, and less than 9 percent of such workers work for employers that collect payroll taxes on wages paid to such workers to provide eligibility for Social Security benefits; and (B) 65 percent of such workers do not have health insurance, and only 4 percent of such workers receive employer-provided insurance, despite the fact that domestic work is hazardous and often results in illness or physical injuries. (15) Compounding these challenges is the fact that many domestic workers have been, and in many cases continue to be, excluded from key provisions of labor and employment laws like the Occupational Health and Safety Act of 1970 (29 U.S.C. 651 et seq.), and the National Labor Relations Act (29 U.S.C. 151 et seq.). Live-in domestic workers employed by private households remain excluded from the overtime protections in the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Minimum employee threshold rules, misclassification of domestic workers as independent contractors, and exclusion of independent contractors from coverage mean that most domestic workers are also de facto excluded from Federal civil rights protections, including protections under title VII of the Civil Rights Act of 1964 (29 U.S.C. 2000e et seq.) and other laws. (16) The International Labour Organization's Domestic Workers Convention, adopted in 2011, calls for domestic workers to have the right to freedom of association and collective actions, protections against harassment, privacy rights, and the right to be informed of conditions of employment. This Convention also calls for the right of domestic workers to keep their travel documents, the right to overtime compensation and rest breaks, the right to minimum wage coverage, the right to occupational safety and health protections, and mechanisms to pursue complaints and ensure compliance with the law. (17) The unique nature of their work, in private homes with individuals and families, also often makes it difficult for domestic workers to use Federal programs and policies to improve their skills and training and to join together collectively to negotiate better pay and working conditions. (18) Many domestic workers are also vulnerable to discrimination and sexual harassment. These issues are further exacerbated by the unique working conditions faced by domestic workers, such as isolation, poverty, immigration status, the lack of familiarity with the law and legal processes, limited networks for support, language barriers, and fear of retaliation and deportation. (19) Millions of older individuals, individuals with disabilities, and families are increasingly relying on domestic workers. By bringing domestic work out of the shadows and creating incentives and investments that help raise wages and standards for domestic workers, the Federal Government can lift millions of the most vulnerable workers out of poverty, reduce turnover due to poor working conditions, thereby enhancing quality of care, and support the millions of working and retired people of the United States who rely on them. SEC. 3. DEFINITIONS. (a) Fair Labor Standards Act Definitions.--In this Act-- (1) the terms ``commerce'', ``employ'', ``employee'', ``employer'', ``enterprise'', ``enterprise engaged in commerce or in the production of goods for commerce'', ``goods'', ``person'', and ``State'' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and (2) the term ``regular rate'' has the meaning given such term in section 7(e) of such Act (29 U.S.C. 207(e)). (b) Other Definitions.--In this Act: (1) Career pathway.--The term ``career pathway'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Child.--The term ``child''-- (A) means an individual who is under 18 years of age; and (B) includes an individual described in subparagraph (A) who is-- (i) a biological, foster, or adopted child; (ii) a stepchild; (iii) a child of a domestic partner; (iv) a legal ward; or (v) a child of a person standing in loco parentis. (3) Disability.--The term ``disability'' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (4) Domestic partner.-- (A) In general.--The term ``domestic partner'', with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) Committed relationship defined.--The term ``committed relationship'' for purposes of subparagraph (A)-- (i) means a relationship between 2 individuals, each at least 18 years of age, in which both individuals share responsibility for a significant measure of each other's common welfare; and (ii) includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (5) Domestic services.--The term ``domestic services''-- (A) means services-- (i) of a household nature; (ii) provided in interstate commerce; and (iii) performed by an individual in or about a private home (permanent or temporary); and (B) includes services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides or assistants, and chauffeurs of automobiles for family use. (6) Domestic worker.--The term ``domestic worker''-- (A) means, except as provided in subparagraph (B), an individual, including an employee, who is compensated directly or indirectly for the performance of domestic services; and (B) does not include-- (i) an individual who is a family member, friend, neighbor, or parent of a child and who provides child care for the child in the child's home; (ii) any individual who is-- (I) an employee of a family child care provider; or (II) a family child care provider; and (iii) any employee described in section 13(a)(15) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(15)). (7) Domestic work hiring entity.--The term ``domestic work hiring entity''-- (A) means any person who provides compensation directly or indirectly to a domestic worker for the performance of domestic services; and (B) includes-- (i) a person acting directly or indirectly in the interest of a hiring entity in relation to a domestic worker; and (ii) an employer of a domestic worker. (8) Family child care provider.--The term ``family child care provider'' means 1 or more individuals who provide child care services, in a private residence other than the residence of the child receiving the services, for fewer than 24 hours per day for the child (unless the nature of the work of the parent of the child requires 24-hour care). (9) Medicaid hcbs-eligible elderly individual.--The term ``Medicaid HCBS-eligible elderly individual'' means an individual who-- (A) is 65 years of age or older; (B) is eligible for and enrolled for medical assistance for any of the following services (whether provided on a fee-for-service, risk, or other basis) under a State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title), and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list: (i) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (ii) Personal care services authorized under paragraph (24) of such section. (iii) PACE services authorized under paragraph (26) of such section. (iv) Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u-7). (v) Case management services authorized under section 1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C. 1396n(g)). (vi) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). (vii) Such other services specified by the Secretary of Health and Human Services. (10) Parent.--The term ``parent'', with respect to a parent of a domestic worker, means a biological, foster, or adoptive parent of a domestic worker, a stepparent of a domestic worker, parent-in-law of a domestic worker, parent of a domestic partner of a domestic worker, or a legal guardian or other person who stood in loco parentis to the domestic worker when the worker was a child. (11) Personal care aide or assistant.--The term ``personal care aide or assistant'' means an individual who provides personal care services. (12) Personal care services.--The term ``personal care services'' means assistance provided to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for individuals with intellectual disabilities, or institution for mental disease that enables the recipient to accomplish activities of daily living or instrumental activities of daily living. (13) Secretary.--The term ``Secretary'' means the Secretary of Labor. (14) Self-directed care.--The term ``self-directed care'', with respect to an individual, means services for the individual that are planned and purchased under the direction and control of the individual, including the amount, duration, scope, provider, and location of the services. (15) Shared living arrangement.--The term ``shared living arrangement'' means a living arrangement involving-- (A) not more than 2 individuals who are an individual with a disability or a Medicaid HCBS- eligible elderly individual, except if 1 or more of the individuals are related to each other (by blood or a close association that is equivalent to a family relationship); (B) an individual providing services for compensation and living in the private home of the recipient of such services; (C) an individual receiving funding through a State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or another publicly funded program; (D) a stipend or room and board as the primary form of payment for the individual providing such services; and (E) the individual receiving such services having the final decision regarding who is the provider of such services living with the individual, through a consumer-driven matching process that includes relationship building, person-centered planning as defined by the Administrator of the Centers for Medicare & Medicaid Services, and an assessment of individual compatibility. (16) Spouse.--The term ``spouse'', with respect to a domestic worker, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. TITLE I--DOMESTIC WORKER RIGHTS AND PROTECTIONS Subtitle A--Amendments to the Fair Labor Standards Act of 1938 SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC EMPLOYEES. Section 13(b)(21) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(b)(21)) is repealed. SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND COMMUNICATIONS. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 (29 U.S.C. 207) the following: ``SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND COMMUNICATIONS. ``(a) Definition of Live-In Domestic Employee.--In this section, the term `live-in domestic employee' means any employee who-- ``(1) is employed in domestic service in a household and resides in such household; and ``(2) in any workweek is engaged in commerce or in the production of goods for commerce or is employed in an enterprise engaged in commerce or in the production of goods for commerce. ``(b) Notice of Termination for Live-In Domestic Employees.-- ``(1) In general.--If an employer terminates the employment of a live-in domestic employee, the employer shall, except as provided in paragraph (3), provide the live-in domestic employee with-- ``(A) written notice of the termination not later than 48 hours after such termination; and ``(B)(i) not less than 30 calendar days of lodging at-- ``(I) the household premises of the employer, as customarily provided by the employer; or ``(II) another premise of a comparable lodging condition; or ``(ii) severance pay in an amount equivalent to the average earnings of the live-in domestic employee for 2 weeks of employment during the preceding 6 months. ``(2) Off-site lodging or severance.--If an employer chooses to provide a live-in domestic employee who is terminated, as described in paragraph (1), lodging described in paragraph (1)(B)(i)(II) or severance pay described in paragraph (1)(B)(ii), the employer shall allow the live-in domestic employee not less than 48 hours after the notice provided under paragraph (1)(A) to vacate the household of the employer. ``(3) Exception.-- ``(A) In general.--The requirements under paragraph (1) shall not be required in a case involving a good faith allegation described in subparagraph (B) that the live-in domestic employee has engaged in abuse or neglect, or caused any other harmful conduct, against the employer, any member of the family of the employer, or any individual residing in the household of the employer. ``(B) Good faith allegations.--A good faith allegation described in this subparagraph shall be-- ``(i) made in writing and provided to the employee not later than 48 hours after the employer has knowledge of the conduct of the employee; ``(ii) supported by a reasonable basis and belief; and ``(iii) made without reckless disregard or willful ignorance of the truth. ``(c) Communications for Live-In Domestic Employees.-- ``(1) In general.--If an employer requires an employee to be a live-in domestic employee, the employer shall-- ``(A) provide the employee with the ability, and reasonable opportunity, to access telephone and internet services in accordance with paragraph (2); and ``(B) without interference by the employer, permit the employee to send and receive communications by text message, social media, electronic or regular mail, and telephone calls. ``(2) Telephone and internet services.-- ``(A) Employer with services.--If an employer requires an employee to be a live-in domestic employee and has telephone or internet services for the household of the employer, the employer shall provide the live-in domestic employee with reasonable access to such services without charge to the employee. ``(B) Employer without services.--If an employer requires an employee to be a live-in domestic employee and does not have telephone or internet services for the household of the employer, the employer-- ``(i) shall provide the live-in domestic employee with a reasonable opportunity to access such services at another location; and ``(ii) shall not be required to pay for such services.''. (b) Conforming Amendment.--Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210) is repealed. SEC. 103. ENFORCEMENT. (a) Prohibited Act.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(6) to violate any provision of section 8, including any regulation or order issued by the Secretary under that section.''. (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended-- (1) in subsection (b), by inserting ``Any employer who violates section 8(b) shall be liable to the employee affected in an amount of severance pay that is calculated, with respect to the employee, in accordance with section 8(b)(1)(B)(ii), and in an additional equal amount as liquidated damages. Any employer who violates section 8(c) shall be liable to the employee affected in an amount that is not to exceed $2,000 for each violation.'' after the third sentence; and (2) in subsection (c), by adding at the end the following: ``The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for the amounts described in subsection (b) for violations of such section.''. (c) Injunction Proceedings.--Section 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. 217) is amended by striking ``(except sums'' and inserting ``and in the case of violations of section 15(a)(6) the restraint of any withholding of severance pay and other damages found by the court to be due to employees under this Act (except, in either case, sums''. (d) Statute of Limitations.--Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection (a), by inserting ``(and any cause of action to enforce section 8 of such Act)'' after ``under the Fair Labor Standards Act of 1938, as amended''. Subtitle B--Domestic Worker Rights SEC. 110. WRITTEN AGREEMENTS. (a) Covered Domestic Worker.--In this section, the term ``covered domestic worker'' means any domestic worker to whom the domestic work hiring entity expects to provide compensation for the performance of domestic services by the domestic worker for not less than 8 hours per week. (b) Requirement.--Each domestic work hiring entity shall provide a written agreement in accordance with this section to each covered domestic worker hired by the entity. (c) Written Agreement Requirements.-- (1) In general.--A written agreement required under this section shall-- (A) be signed and dated by the covered domestic worker and the domestic work hiring entity; (B) be written in a language easily and fully understood by the covered domestic worker and the domestic work hiring entity, which may be in multiple languages if the worker and the entity do not easily and fully understand the same language; and (C) include the contents described in subsection (d). (2) Copy.--A copy of the written agreement required under this section shall be provided to the covered domestic worker not later than 5 calendar days after the date on which the covered domestic worker is hired by the domestic work hiring entity. (d) Contents of the Written Agreement.-- (1) In general.--The contents described in this subsection shall include each of the following: (A) The full name, address, and contact information of the domestic work hiring entity, including, as appropriate, any ``doing business as'' name of the entity and the name of each individual of the domestic work hiring entity who will be doing business with the covered domestic worker. (B) The address for the location where the covered domestic worker will be providing domestic services for the domestic work hiring entity. (C) All responsibilities to be performed by the covered domestic worker for the domestic work hiring entity, and the regularity in which such responsibilities are to be performed. (D) The regular rate of pay of the covered domestic worker for any work week, including any overtime compensation due. (E) The day of the week when the covered domestic worker will be paid. (F) The required working hours for any work week, including-- (i) the time of day and day of week the work of the covered domestic worker begins; (ii) meal and rest breaks described in section 115; (iii) time off; (iv) the work schedule of the worker at the time of hire, including-- (I) the time of day and the days of the week the covered domestic worker will be expected to work for the domestic work hiring entity each week; or (II) if the time of day or the days of the week that the domestic worker will be expected to work for the domestic work hiring entity will vary from week to week, information regarding a good faith estimate of the days and hours for which the covered domestic worker will be expected to work for the domestic work hiring entity each week, including, at minimum-- (aa) the average number of hours the covered domestic worker will be expected to work for the domestic work hiring entity each week during a typical 90-day period; (bb) whether the covered domestic worker can expect to work any on-call shifts, as defined in paragraph (3), for the domestic work hiring entity; (cc) a subset of days the covered domestic worker can typically expect to work (or to be scheduled as off from work) for the domestic work hiring entity; and (dd) the amount of notice that the domestic work hiring entity will provide to the domestic worker in advance of scheduled work hours (as defined in section 112(a)), which shall not be less than 72 hours before such scheduled work hours are to begin (except during a period described in subparagraph (A) of section 112(e)(1), in a case described in subparagraph (B) of section 112(e)(1), or in the case of a shared living arrangement), and the manner in which such notice shall be provided; (v) the reporting time pay policy described in section 112(c); and (vi) the right to request and receive a change to scheduled work hours due to personal events as described in section 113. (G) If applicable, any policies of the domestic work hiring entity with respect to the covered domestic worker for paying for or providing reimbursement for-- (i) health insurance; (ii) transportation, meals, or lodging; and (iii) any fees or costs associated with the domestic services provided by the covered domestic worker for the entity. (H) If applicable, any policies of the domestic work hiring entity with respect to the covered domestic worker for-- (i) annual or other pay increases; (ii) severance pay; and (iii) providing materials or equipment related to the performance of domestic service by the covered domestic worker, including (if applicable) any cleaning supplies provided by the entity. (I) Information about policies, procedures, and equipment related to safety and emergencies. (J) The policy of the domestic work hiring entity pertaining to notice of termination of the covered domestic worker by the domestic work hiring entity. (K) In the case of a covered domestic worker who resides in the household of the person for whom the domestic worker provides domestic services-- (i) the circumstances under which the domestic work hiring entity may enter the designated living space of the domestic worker; (ii) the circumstances under which the covered domestic worker, in a shared living arrangement, may enter the designated living space of the domestic work hiring entity; and (iii) a description of certain circumstances the domestic work hiring entity determines as cause for-- (I) immediate termination of the covered domestic worker; and (II) subject (as applicable) to section 8(b) of the Fair Labor Standards Act of 1938, removal of the covered domestic worker from the household of the person for whom the worker provides domestic services not later than 48 hours after notice of the termination. (L) Any additional benefits afforded to the covered domestic worker by the domestic work hiring entity. (M) The process for the covered domestic worker to raise or address grievances with respect to, or breaches of, the written agreement. (N) The process used by the domestic work hiring entity to change any policy described in subparagraphs (A) through (M), including addressing additional compensation if responsibilities are added to those described in subparagraph (C), after the date on which the written agreement is provided to the domestic worker. (2) Prohibitions.--A written agreement required under this section may not-- (A) contain-- (i) a mandatory pre-dispute arbitration agreement for claims made by a covered domestic worker against a domestic work hiring entity regarding the legal rights of the worker; or (ii) a non-disclosure agreement, non- compete agreement, or non-disparagement agreement, limiting the ability of the covered domestic worker to seek compensation for performing domestic services after the worker ceases to receive compensation from the domestic work hiring entity for the performance of domestic services; and (B) be construed to waive the rights or protections of a domestic worker under Federal, State, or local law. (3) Definition of on-call shift.--For purposes of paragraph (1)(F)(iv)(II)(bb), the term ``on-call shift'' means any time a domestic work hiring entity expects a covered domestic worker to-- (A) be available to work; and (B) wait to contact, or be contacted by, the domestic work hiring entity, or a designee of the entity, to determine whether the worker shall report to work during such time. (e) Timing.-- (1) Initial agreement.--A domestic work hiring entity shall provide a written agreement required under this section-- (A) to each covered domestic worker hired after the date of enactment of this Act, prior to the first day the worker performs domestic services for the entity; and (B) to each covered domestic worker hired on or prior to the date of enactment of this Act, 90 days after such date of enactment. (2) Subsequent agreements.--Not later than 30 calendar days after the date on which a domestic work hiring entity makes a change to a written agreement provided to a covered domestic worker under this section, the domestic work hiring entity shall provide the domestic worker with an updated agreement in accordance with this section. (f) Records.--A domestic work hiring entity that is required to provide a written agreement under this section to a covered domestic worker shall retain such agreement for a period of not less than 3 years from the date on which the covered domestic worker is no longer working for the entity. (g) Model Written Agreements.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and make available templates for model written agreements under this section. (2) Requirements.--A model written agreement required under paragraph (1) shall-- (A) be available in multiple languages commonly understood by domestic workers, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates the basic information fact sheet published by the Administrator; and (B) not include any agreement described in subsection (d)(2)(A). SEC. 111. EARNED SICK DAYS. (a) Definitions.--In this section: (1) Domestic violence.--The term ``domestic violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the reference in such section to the term ``jurisdiction receiving grant monies'' shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the domestic work hiring entity involved is located. Such term also includes dating violence, as that term is defined in such section. (2) Domestic worker.--The term ``domestic worker'' means a domestic worker, as defined in section 3(b), other than an individual providing assistance through a shared living arrangement. (3) Domestic work hiring entity.--The term ``domestic work hiring entity''-- (A) means such a domestic work hiring entity, as defined in section 3(b), except that for purposes of this subparagraph, a reference in that section to a domestic worker shall be considered a domestic worker as defined in paragraph (2); and (B) includes any predecessor of a hiring entity described in subparagraph (A). (4) Employment.--The term ``employment'' includes service as a domestic worker. (5) Employment benefits.--The term ``employment benefits'' means all benefits provided or made available to domestic workers by a domestic work hiring entity, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of a domestic work hiring entity or through 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)). (6) Health care provider.--The term ``health care provider'' means a provider who-- (A) is described in section 825.125 of title 29, Code of Federal Regulations; and (B) is not employed by a domestic work hiring entity for whom the provider issues certification under this section. (7) Paid sick time.--The term ``paid sick time'' means an increment of compensated leave that can be earned by a domestic worker for use during an absence from employment for any of the reasons described in subparagraphs (A) through (D) of subsection (b)(2). (8) Sexual assault.--The term ``sexual assault'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). (9) Stalking.--The term ``stalking'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). (10) Victim services organization.--The term ``victim services organization'' means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. (b) Earned Paid Sick Time.-- (1) Earning of time.-- (A) In general.--A domestic work hiring entity shall provide each domestic worker employed by the hiring entity not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in paragraph (2). A domestic work hiring entity shall not be required to permit a domestic worker to earn, under this subsection, more than 56 hours of paid sick time in a year, unless the hiring entity chooses to set a higher limit. (B) Dates for beginning to earn paid sick time and use.--Domestic workers shall begin to earn and be entitled to use earned paid sick time under this subsection at the commencement of their employment. A domestic work hiring entity may, at the discretion of the hiring entity, loan paid sick time to a domestic worker for use by such domestic worker in advance of the domestic worker earning such sick time as provided in this paragraph and may permit use before the 60th day of employment. (C) Carryover.-- (i) In general.--Except as provided in clause (ii), paid sick time earned under this subsection shall carry over from one year to the next. (ii) Construction.--This section shall not be construed to require a domestic work hiring entity to permit a domestic worker to earn more than 56 hours of earned paid sick time at a given time. (D) Hiring entities with existing policies.--Any domestic work hiring entity with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in paragraph (2) shall not be required to permit a domestic worker to earn additional paid sick time under this subsection. (E) Construction.--Nothing in this subsection shall be construed as requiring financial or other reimbursement to a domestic worker from a domestic work hiring entity upon the domestic worker's termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (F) Reinstatement.--If a domestic worker is separated from employment with a domestic work hiring entity and is rehired, within 12 months after that separation, by the same hiring entity, the hiring entity shall reinstate the domestic worker's previously earned paid sick time. The domestic worker shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the domestic work hiring entity. (G) Prohibition.--A domestic work hiring entity may not require, as a condition of providing paid sick time under this subsection, that the domestic worker involved search for or find a replacement to cover the hours during which the domestic worker is using paid sick time. (2) Uses.--Paid sick time earned under this subsection may be used by a domestic worker for any of the following: (A) An absence resulting from a physical or mental illness, injury, or medical condition of the domestic worker. (B) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the domestic worker. (C) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the domestic worker is the equivalent of a family relationship, who-- (i) has any of the conditions or needs for diagnosis or care described in subparagraph (A) or (B); (ii) in the case of care for someone who is a child, is the subject of a school meeting, or a meeting at a place where the child is receiving care necessitated by the child's health condition or disability, that the domestic worker is required to attend; or (iii) is otherwise in need of care. (D) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to-- (i) seek medical attention for the domestic worker or a related person described in subparagraph (C), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (ii) obtain or assist a related person described in subparagraph (C) in obtaining services from a victim services organization; (iii) obtain or assist a related person described in subparagraph (C) in obtaining psychological or other counseling; (iv) seek or assist a related person in seeking relocation; or (v) take or assist a related person in taking legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (3) Scheduling.--A domestic worker shall make a reasonable effort to schedule a foreseeable period of paid sick time under this subsection in a manner that does not unduly disrupt the operations of the domestic work hiring entity. (4) Procedures.-- (A) In general.--Paid sick time shall be provided upon the oral or written request of a domestic worker. Such request shall-- (i) include the expected duration of the period of such time; (ii) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; and (iii) otherwise, be provided as soon as practicable after the domestic worker is aware of the need for such period. (B) Certification in general.-- (i) Provision.-- (I) In general.--Subject to clause (iv), a domestic work hiring entity may require that a request for paid sick time under this subsection for a purpose described in subparagraph (A), (B), or (C) of paragraph (2) be supported by a certification issued by the health care provider of the eligible domestic worker or of an individual described in paragraph (2)(C), as appropriate, if the period of such time covers more than 3 consecutive workdays. (II) Timeliness.--The domestic worker shall provide a copy of such certification to the domestic work hiring entity in a timely manner, not later than 30 days after the first day of the period of time. The domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification. (ii) Sufficient certification.--A certification provided under clause (i) shall be sufficient if it states-- (I) the date on which the period of time will be needed; (II) the probable duration of the period of time; (III) the appropriate medical facts within the knowledge of the health care provider regarding the condition involved, subject to clause (iii); (IV) for purposes of paid sick time under paragraph (2)(A), a statement that absence from work is medically necessary; (V) for purposes of such time under paragraph (2)(B), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (VI) for purposes of such time under paragraph (2)(C), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such paragraph, and an estimate of the amount of time that such care is needed for such individual. (iii) Limitation.--In issuing a certification under clause (i), a health care provider shall make reasonable efforts to limit the medical facts described in clause (ii)(III) that are disclosed in the certification to the minimum necessary to establish a need for the domestic worker to utilize paid sick time. (iv) Regulations.--The Secretary shall prescribe regulations that shall specify the manner in which a domestic worker who does not have health insurance shall provide a certification for purposes of this subparagraph. (v) Confidentiality and nondisclosure.-- (I) Protected health information.-- Nothing in this section shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act (42 U.S.C. 1320d-6) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). (II) Health information records.-- If a domestic work hiring entity possesses health information about a domestic worker or a related person described in paragraph (2)(C), such information shall-- (aa) be maintained on a separate form and in a separate file from other personnel information; (bb) be treated as a confidential medical record; and (cc) not be disclosed except to the affected domestic worker or with the permission of the affected domestic worker. (C) Certification in the case of domestic violence, sexual assault, or stalking.-- (i) In general.--A domestic work hiring entity may require that a request for paid sick time under this subsection for a purpose described in paragraph (2)(D) be supported by any one of the following forms of documentation, but the domestic work hiring entity may not specify the particular form of documentation to be provided: (I) A police report indicating that the domestic worker, or a related person described in paragraph (2)(D), was, for not less than 3 consecutive days, a victim of domestic violence, sexual assault, or stalking. (II) A court order protecting or separating the domestic worker or a related person described in paragraph (2)(D) from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the domestic worker or a related person described in paragraph (2)(D) has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (III) Other documentation signed by an individual (who may be a volunteer) working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the domestic worker or a related person described in paragraph (2)(D) is a victim of domestic violence, sexual assault, or stalking. (ii) Requirements.--The requirements of subparagraph (B) shall apply to certifications under this paragraph, except that-- (I) subclauses (III) through (VI) of clause (ii) and clause (iii) of such subparagraph shall not apply; (II) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the domestic worker to be absent from work, and the domestic worker shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (III) with respect to confidentiality under clause (v) of such subparagraph, any information provided to the domestic work hiring entity under this subparagraph shall be confidential, except to the extent that any disclosure of such information is-- (aa) requested or consented to in writing by the domestic worker; or (bb) otherwise required by applicable Federal or State law. (c) Construction and Application.-- (1) Effect on other laws.-- (A) Federal and state antidiscrimination laws.-- Nothing in this section shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex (including sexual orientation and gender identity), age, disability, marital status, familial status, or any other protected status. (B) State and local laws.--Nothing in this section shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave, or greater coverage of those eligible for paid sick time or leave) than the rights established under this section. (2) Effect on existing employment benefits.-- (A) More protective.--Nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, any collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to domestic workers than the rights established under this section. (B) Less protective.--The rights established for domestic workers under this section shall not be diminished by any contract, any collective bargaining agreement, or any employment benefit program or plan. (d) Effective Date.--This section, other than subsection (b)(4)(B)(4), takes effect 2 years after the date of enactment of this Act. SEC. 112. FAIR SCHEDULING PRACTICES. (a) Definition of Scheduled Work Hours.--In this section, the term ``scheduled work hours'' means the hours on a specified day during which a domestic worker is, through a written agreement or schedule, required by a domestic work hiring entity to perform domestic services for the entity and for which the worker will receive compensation for such services. (b) Requirement for Notice of Covered Domestic Worker.--In the case of a covered domestic worker (as defined in section 110(a)), the domestic work hiring entity shall provide the covered domestic worker notice of the scheduled work hours of such worker through-- (1) a written agreement described in subclause (I) of section 110(d)(1)(F)(iv) regarding a schedule of the time of day and the days of the week the covered domestic worker is expected to work for the domestic work hiring entity each week; or (2) a schedule agreed upon by the domestic work hiring entity and the covered domestic worker provided in the amount of time specified in accordance with a written agreement described in subclause (II) of such section, regarding a good faith estimate of the time of day and the days of the week that the covered domestic worker is expected to work for the domestic work hiring entity. (c) Requirements for Changes to Scheduled Work Hours and Reporting Time Pay.--A domestic work hiring entity shall-- (1) communicate in writing (which may be in an electronic form) any change to the scheduled work hours of a domestic worker, including any on-call shifts, not less than 72 hours before the domestic worker is scheduled to begin work; and (2) pay a domestic worker-- (A) the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker after the domestic worker arrives to work for the scheduled work hours; or (B) at a rate of \1/2\ of the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker at a time that is less than 72 hours prior to the commencement of such scheduled work hours, unless the domestic work hiring entity-- (i) is an individual with a disability relying on the domestic worker for disability supports and services (or an entity supporting an individual with a disability); and (ii) requests the domestic worker to consent to work alternative, equivalent scheduled work hours within a 7-day period and the worker consents to work such alternative, equivalent hours. (d) Right To Decline Schedule Changes.-- (1) In general.--In the case of a covered domestic worker (as defined in section 110(a)), if a domestic work hiring entity wishes to include work hours in the scheduled work hours of such worker that are identified as hours in which the worker can typically expect to be scheduled as off from work in accordance with the written agreement under section 110(d)(1)(F)(iv)(I) or are identified as hours outside of the good faith estimate under section 110(d)(1)(F)(iv)(II)(cc), the hiring entity shall obtain the written consent of the worker to work such hours prior to the commencement of such work. (2) Consent.--The consent required under paragraph (1) may be transmitted electronically to the domestic work hiring entity. (e) Exceptions.-- (1) In general.--Notwithstanding any provision in this section, the requirements under subsection (c) shall not apply-- (A) during any period in which the operations of the domestic work hiring entity cannot begin or continue due to-- (i) a fire, flood, or other natural disaster; (ii) a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) or a state of emergency declared by a Governor of a State or chief official of a unit of local government; or (iii) a severe weather condition that poses a threat to worker safety; or (B) in a case in which-- (i) the domestic worker voluntarily requested in writing a change to the scheduled work hours of the worker; or (ii) the domestic work hiring entity changes the scheduled work hours of a domestic worker due to-- (I) a medical emergency requiring emergency medical treatment or hospitalization; or (II) the risk of contagion or a quarantine requirement related to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, or any other public health emergency declared under such section. (2) Shared living arrangement.--Notwithstanding any provision in this section, the requirements under this section shall not apply to a shared living arrangement. (f) Effective Date.--This section shall take effect on the date that is 2 years after the date of enactment of this Act. SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY CHANGES TO SCHEDULED WORK HOURS DUE TO PERSONAL EVENTS. (a) Definitions.--In this section: (1) Covered domestic worker.--The term ``covered domestic worker'' has the meaning given the term in section 110(a). (2) Domestic violence.--The term ``domestic violence'' has the meaning given the term in section 111(a). (3) Personal event.--The term ``personal event'', with respect to a covered domestic worker, means-- (A) an event resulting in the need of the covered domestic worker to serve as a caregiver for an individual related to the covered domestic worker by blood or affinity or whose close association with the covered domestic worker is the equivalent of a family relationship; (B) an event resulting from the obligation of a covered domestic worker to attend a legal proceeding or hearing for subsistence benefits, including benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or under a State program for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), to which the worker, or an individual related to the worker as described in subparagraph (A), is a party or witness; or (C) any circumstance that would constitute a basis for permissible use of safe time, or family, medical, or sick leave, as determined based on the policy of the domestic work hiring entity. (4) Safe time.--The term ``safe time'', with respect to a covered domestic worker, means an absence from work of the worker resulting from domestic violence, sexual assault, or stalking, if the absence is to-- (A) seek medical attention for the worker or a child, parent, spouse, or domestic partner of the worker, or any other individual related to the worker by blood or affinity whose close association with the worker is the equivalent of a family relationship, in order to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph (A) in obtaining, services from a victim services organization; (C) obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph (A) in obtaining, psychological or other counseling; (D) seek relocation for the worker or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A); or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking, of the worker or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A). (5) Scheduled work hours.--The term ``scheduled work hours'' has the meaning given such term in section 112(a), except that references in such section to the term ``domestic worker'' shall be deemed to be a reference to the term ``covered domestic worker''. (6) Sexual assault; stalking.--The terms ``sexual assault'' and ``stalking'' have the meanings given such terms in section 111(a). (7) Temporary change.--The term ``temporary change'', with respect to a change in the scheduled work hours of a covered domestic worker, means a limited alteration in the hours or dates that, or locations where, a worker is scheduled to work, including through using paid time off, trading or shifting work hours, or using short-term unpaid leave. (b) Request.-- (1) In general.--In accordance with this subsection, for each calendar year, a domestic work hiring entity shall, upon request of a covered domestic worker, grant to the covered domestic worker not less than-- (A) 2 requests for a temporary change, covering not more than 1 business day per request, to the scheduled work hours of the worker due to a personal event; or (B) 1 request for a temporary change, covering not more than 2 business days, to the scheduled work hours of the worker due to a personal event. (2) Notification of request.-- (A) In general.--A covered domestic worker who requests a temporary change to the scheduled work hours of the worker due to a personal event under this subsection shall-- (i) notify the domestic work hiring entity, or direct supervisor, of such worker, as soon as the worker becomes aware of the need for the temporary change and inform the entity or supervisor that the change is due to a personal event; (ii) make a proposal for the temporary change to the scheduled work hours of the worker, unless the worker seeks leave without pay; and (iii) subject to subparagraph (B), not be required to initially submit the request in writing. (B) Written record.-- (i) In general.--A covered domestic worker that requests a temporary change to the scheduled work hours of the worker under this subsection and does not initially submit a request for such change in writing shall, as soon as practicable and not later than 2 business days after date on which the worker returns to work following the conclusion of the temporary change to the scheduled work hours, submit a written record of such request indicating-- (I) the date for which the change was requested; and (II) that the request was made due to a personal event. (ii) Electronic means.--A domestic work hiring entity may require that a record under this subparagraph be submitted in electronic form if workers of the domestic work hiring entity commonly use an electronic form to request and manage leave and schedule changes. (c) Response.--A domestic work hiring entity who receives a request under subsection (b) for a temporary change to the scheduled work hours of a covered domestic worker due to a personal event shall respond as soon as practicable. Such entity shall not be initially required to respond to such request in writing. If such entity does not initially respond to the requested schedule change in writing, the entity shall, as soon as practicable and not later than 1 week after the requested schedule change, provide the domestic worker with a written record of the response to the requested schedule change. (d) Effective Date.--This section shall take effect on the date that is 2 years after the date of enactment of this Act. SEC. 114. PRIVACY. (a) In General.--A domestic work hiring entity shall not-- (1) monitor or record a domestic worker while such domestic worker is-- (A) using restroom or bathing facilities; (B) in the private living quarters of the worker; or (C) engaging in any activities associated with the dressing, undressing, or changing of clothes of the worker; (2) subject to subsection (b), restrict or interfere with, or monitor, the private communications of such domestic worker; or (3) take possession of any documents or other personal effects of such domestic worker. (b) Private Communications.--A domestic work hiring entity may-- (1) restrict, interfere with, or monitor the private communications of a domestic worker if the domestic work hiring entity has a reasonable belief that such communications significantly interfere with the domestic worker's performance of expected duties; and (2) establish reasonable restrictions on the private communications of a domestic worker while such worker is performing work for the domestic work hiring entity. (c) Relation to Other Laws.--This section shall not preclude liability under any other law. (d) Definition of Private Communications.--In this section, the term ``private communications'' means any communication through telephone or internet services, including sending and receiving communications by text message, social media, electronic mail, and telephone, with an entity or individual other than the domestic work hiring entity. SEC. 115. BREAKS FOR MEALS AND REST. (a) Meal Breaks.-- (1) In general.--Except as provided in subsection (c), a domestic work hiring entity shall not require a domestic worker to work more than 5 hours for such hiring entity without an uninterrupted meal break of not less than 30 minutes. The number of hours worked by a domestic worker for purposes of this paragraph shall be calculated without regard to any rest break the worker takes and to which the worker has a right under subsection (b). (2) Rate of pay.--A domestic work hiring entity shall pay a domestic worker for a meal break under paragraph (1) at the regular rate of pay of the domestic worker unless the domestic worker is relieved of all duty for not less than 30 minutes during the meal break and is permitted to leave the work site during such break. (3) Paid meal break.--Except as provided in subsection (c), for any paid meal break required under paragraph (2), a domestic work hiring entity-- (A) shall provide a reasonable opportunity for a domestic worker to take such break for a period of uninterrupted time that is not less than 30 minutes; and (B) shall not impede or discourage a domestic worker from taking such meal break. (b) Rest Breaks.-- (1) In general.--Except as provided in subsection (c), for every 4 hours of work that a domestic worker is scheduled to perform for a domestic work hiring entity, the entity shall allow the worker a rest break of not less than 10 uninterrupted minutes in which the domestic worker is relieved of all duties related to providing domestic services to the domestic work hiring entity. The domestic work hiring entity shall allow such rest break to occur during the first 3 hours of consecutive work performed by the worker for the entity. (2) Rate of pay.--A domestic work hiring entity shall pay a domestic worker for the times spent by the worker for a rest break under paragraph (1) at the regular rate of pay of the worker. The hiring entity shall not impede or discourage a domestic worker from taking such break. (c) Exceptions.-- (1) In general.--Subject to paragraph (2), a domestic worker may not have the right to a meal break under subsection (a), or a rest break under subsection (b), in a case in which the safety of an individual under the care of the domestic worker prevents the domestic worker from taking such break. (2) On-duty breaks.-- (A) Definition of on-duty.--In this subsection, the term ``on-duty'', with respect to a meal break under subsection (a) or a rest break under subsection (b), means such a break in which the domestic worker-- (i) is not relieved of all duties of the worker for the domestic work hiring entity; and (ii) may, to the extent possible given the duties of the domestic worker for the domestic work hiring entity, engage in personal activities, such as resting, eating a meal, drinking a beverage, making a personal telephone call, or making other personal choices. (B) Authorization.-- (i) In general.--In a case described in paragraph (1), the domestic worker may still take an on-duty meal or rest break under subsection (a) or (b), respectively, if-- (I) the nature of the work prevents a domestic worker from being relieved of all duties required of the domestic worker for the domestic work hiring entity; and (II) the domestic worker and the domestic work hiring entity agree to such an on-duty meal or rest break in a written agreement described in clause (ii). (ii) Written agreement.--The written agreement under clause (i)(II) shall include a provision allowing the domestic worker to, in writing, revoke the agreement at any time. (C) Rate of pay.--A domestic work hiring entity shall compensate a domestic worker for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the worker for the entity. (3) Shared living arrangement.--The requirements under this section shall not apply in the case of a shared living arrangement. SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORTAGES, BREAKAGES, LOSS, OR MODES OF COMMUNICATION. (a) In General.-- (1) Requirement.--Except as provided in paragraph (2), a domestic work hiring entity may not make any deduction from the wage of, or require any reimbursement from, a domestic worker for-- (A) any cash shortage of the domestic work hiring entity; or (B) breakage or loss of the entity's equipment or other belongings. (2) Exception.--A domestic work hiring entity may deduct from the wage of, or require reimbursement from, a domestic worker described in paragraph (1) if the entity can show that a shortage, breakage, or loss described in paragraph (1) was caused by a dishonest or willful act of the domestic worker. (b) Communications.--No domestic work hiring entity shall make any deduction from the wage of, or otherwise penalize, a domestic worker for communicating with a consumer of domestic services directly as opposed to communicating through an application or other messaging service provided by an on-demand platform or otherwise required by the domestic work hiring entity. (c) Violation.--Any deduction or reimbursement in violation of subsection (a)(1) or (b) shall be deemed an unpaid wage for purposes of enforcement under section 118, and the domestic worker shall have the right to recover such wage in accordance with such section. SEC. 117. PROHIBITED ACTS. (a) Interference With Rights.--It shall be unlawful for any person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including-- (1) discharging or in any manner discriminating against (including retaliating against) any domestic worker for-- (A) exercising, or attempting to exercise, any right provided under this subtitle; or (B) engaging in concerted activities for the purpose of collective bargaining or mutual aid or protection, regardless of whether such activities are with domestic workers of different employers or domestic workers at different worksites; and (2) discriminating against any domestic worker by using the exercise of a right provided under this subtitle as a negative factor in an employment action, such as an action involving hiring, promotion, or changing work hours or number of shifts, or a disciplinary action. (b) Retaliation Protection.--It shall be unlawful for any domestic work hiring entity to discharge, demote, suspend, reduce the work hours of, take any other adverse employment action against, threaten to take an adverse employment action against, or in any other manner discriminate against a domestic worker with respect to compensation, terms, conditions, or privileges of employment because the domestic worker (or any person acting pursuant to the request of the domestic worker), whether at the initiative of the domestic worker or in the ordinary course of the domestic worker's duties-- (1) opposes any practice made unlawful under this subtitle; (2) asserts any claim or right under this subtitle; (3) assists a domestic worker in asserting such claim or right; (4) informs any domestic worker about this subtitle; (5) requests a change to the written agreement described in section 110; (6) requests a change in scheduled work hours described in section 112, or any other schedule change, without regard to the eligibility of such domestic worker to receive any such change; (7) participates as a member of, or takes an action described in paragraph (8) with respect to, the Domestic Worker Standards Board described in section 201; (8)(A) files an action, or institutes or causes to be instituted any proceeding, under or related to this subtitle; (B) gives, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (C) testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle; and (9) engages in concerted activities for the purpose of collective bargaining or mutual aid or protection, regardless of whether such activities are with domestic workers of different employers or domestic workers at different worksites. (c) Immigration-Related Actions as Discrimination.--For purposes of subsections (a) and (b), discrimination with respect to compensation, terms, conditions, or privileges of employment occurs if a person undertakes any of the following activities (unless such activity is legal conduct undertaken at the express and specific direction or request of the Federal Government): (1) Reporting, or threatening to report, the citizenship or immigration status of a domestic worker, or the suspected citizenship or immigration status of a family member of such an individual, to a Federal, State, or local agency. (2) Requesting more or different documents than those required under section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)), or refusing to honor documents that on their face appear to be genuine. (3) Using the Federal E-Verify system to check employment status in a manner not required under section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) or any memorandum governing use of the E-Verify system. (4) Filing, or threatening to file, a false police report relating to the immigration status of a domestic worker, or a family member of a domestic worker. (5) Contacting, or threatening to contact, immigration authorities relating to the immigration status of a domestic worker, or a family member of a domestic worker. (d) Presumption of Retaliation.-- (1) In general.--For the purposes of subsections (a) and (b), proof that a person discharged an individual, or discriminated against an individual with respect to compensation, terms, conditions, or privileges of employment, within 90 days of the individual involved asserting any claim or right under this subtitle, or assisting any other individual in asserting such a claim or right, shall raise a presumption that the discharge or discrimination was in retaliation as prohibited under subsection (a) or (b), as the case may be. (2) Rebuttal.--The presumption under paragraph (1) may be rebutted by clear and convincing evidence that such discharge or discrimination was taken for another permissible reason. SEC. 118. ENFORCEMENT AUTHORITY. (a) In General.-- (1) Application.--In this subsection-- (A) the term ``domestic worker'' means a domestic worker described in subsection (e)(1)(A); and (B) the term ``domestic work hiring entity'' means a domestic work hiring entity described in subsection (e)(2)(A). (2) Investigative authority.-- (A) In general.--To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), with respect to hiring entities, domestic workers, and other individuals affected. (B) Obligation to keep and preserve records.--A domestic work hiring entity shall make, keep, and preserve records pertaining to compliance with this subtitle in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis.--The Secretary shall not require under this paragraph a domestic work hiring entity to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary-- (i) has reasonable cause to believe there may exist a violation of this subtitle, including any regulation or order issued under this subtitle; or (ii) is investigating a charge under paragraph (4). (D) Subpoena authority.--For the purposes of any investigation under this paragraph, the Secretary shall have the subpoena authority provided under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). (3) Civil action by domestic workers.-- (A) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against a domestic work hiring entity by one or more domestic workers, or a representative for and on behalf of the domestic workers and any other domestic workers that may be similarly situated. (B) Liability.--A domestic work hiring entity that violates this subtitle shall be liable to a domestic worker aggrieved by the violation, except as provided in subparagraphs (C) and (D), for-- (i) damages equal to-- (I) the amount of-- (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained, or the costs reasonably related to damage to or loss of property, or any other injury to the person, reputation, character, or feelings, sustained by a domestic worker as a direct result of the violation, or any injury to another person sustained as a direct result of the violation, by the domestic work hiring entity; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; (III) an additional amount as liquidated damages; and (IV) such other legal relief as may be appropriate; (ii) such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (iii) a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action. (C) Meal and rest breaks.--In the case of a violation of section 115, the domestic work hiring entity involved shall be liable under subparagraph (B)-- (i) for the amount of damages described in subclauses (I), (II), and (III) of subparagraph (B)(i); and (ii) under subparagraph (B)(i)(IV), for each such violation, for an amount equal to 1 hour of pay at the domestic worker's regular rate of compensation (but not more than 2 hours of such pay for each workday for which the domestic work hiring entity is in violation of such section). (D) Written agreements.--In the case of a violation of section 110, the domestic work hiring entity involved shall be liable, under subparagraph (B)(i)(I), for an amount equal to $5,000. (E) Venue.--An action under this paragraph may be maintained in any Federal or State court of competent jurisdiction. (4) Action by the secretary.-- (A) Administrative action.-- (i) In general.--Subject to clause (ii), and subparagraphs (C) and (D) of paragraph (3), the Secretary shall receive, investigate, and attempt to resolve complaints of violations of this subtitle in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206, 207, and 215(a)(3)), including the Secretary's authority to supervise payment of wages and compensation under section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)). (ii) Violations generally.--The Secretary may assess a civil penalty against a domestic work hiring entity that violates any section of this subtitle-- (I) of not more than $15,000 for any first violation of any such section by such domestic work hiring entity; and (II) of not more than $25,000 for any subsequent violation of any such section by such domestic work hiring entity. (B) Administrative review.--Any aggrieved dislocated worker who takes exception to an order issued by the Secretary under subparagraph (A) may request review of and a decision regarding such order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no aggrieved dislocated worker requests such review within 60 days after the order is issued under subparagraph (A), the order shall be considered to be a final order that is not subject to judicial review. (C) Civil action.--The Secretary may bring an action in any court of competent jurisdiction to recover amounts described in paragraph (3)(B) on behalf of a domestic worker aggrieved by a violation of this subtitle. (D) Sums recovered.-- (i) In general.--Any sums recovered by the Secretary under subparagraph (C) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each domestic worker aggrieved by the violation for which the action was brought. Any such sums not paid to a domestic worker because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as a miscellaneous receipt. (ii) Civil penalty.--Any sums recovered by the Secretary under subparagraph (A)(ii) shall be deposited into the general fund of the Treasury of the United States as a miscellaneous receipt. (5) Limitation.-- (A) In general.--Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation.--In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. (C) Commencement.--An action shall be considered commenced under paragraph (3), (4), or (6) for the purposes of this paragraph on the date on which the complaint is filed under such paragraph (3), (4), or (6). (6) Action for injunction.--The district courts of the United States together with the District Court of the Virgin Islands and the District Court of Guam shall have jurisdiction, for cause shown, in an action brought by a domestic worker or the Secretary-- (A) to restrain violations of this subtitle, including the withholding of a written agreement from a domestic worker as required under section 110, or of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to a domestic worker under this subtitle; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion, for a violation of this subtitle. (7) Solicitor of labor.--The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government accountability office and library of congress.--Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees Covered by Congressional Accountability Act of 1995.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(B). (c) Employees Covered by Chapter 5 of Title 3, United States Code.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(C). (d) Employees Covered by Chapter 63 of Title 5, United States Code.--The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(D). (e) Definition.--In section 117 and this section, except as otherwise provided in this subsection: (1) Domestic worker.--Notwithstanding section 3, the term ``domestic worker'' means a domestic worker-- (A) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(A); (B) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(B); (C) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(C); and (D) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(D). (2) Domestic work hiring entity.--Notwithstanding section 3, the term ``domestic work hiring entity'' means a domestic work hiring entity-- (A) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in clause (i) or (ii) of subparagraph (A), and subparagraph (B), of paragraph (3); (B) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(iii) and (B) of paragraph (3); (C) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(iv) and (B) of paragraph (3); and (D) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(v) and (B) of paragraph (3)(A). (3) Employer.--Notwithstanding section 3, for purposes of paragraph (2), the term ``employer'' means a person who is-- (A)(i) an employer, as defined in section 3(a), who is not covered under another clause of this subparagraph; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) of title 3, United States Code; or (v) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (B) an enterprise engaged in commerce or in the production of goods for commerce. (4) Employment.--Notwithstanding section 3, the term ``employment'' includes service as a domestic worker. SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS AND OTHER LAWS. (a) In General.--Nothing in this subtitle shall-- (1) supersede a provision in a collective bargaining agreement; or (2) be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this Act. (b) Other Laws.--Nothing in this subtitle shall-- (1) affect the obligation of a domestic work hiring entity to provide a reasonable accommodation in the form of a change to the work schedule of a domestic worker required under any other law, or to otherwise comply with any other law; (2) preempt, limit, or otherwise affect the applicability of any State or local law that provides comparable or superior benefits for domestic workers to the requirements under this subtitle; or (3) diminish the rights, privileges, or remedies of any domestic worker under any Federal or State law or under any collective bargaining agreement. (c) No Waivers.--The rights and remedies in this subtitle may not be waived by a domestic worker through any agreement, policy, or form, or as a condition of employment. Subtitle C--Domestic Worker Health and Safety SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE. (a) In General.--The Secretary shall award a grant, on a competitive basis, to an entity eligible under subsection (b), for a national hotline that domestic workers may call to report emergencies, seek emergency services, or seek support or guidance in lieu of emergency services. (b) Eligibility.--In order to be eligible to receive a grant under subsection (a), an entity shall-- (1) be an entity described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (2) have a demonstrated expertise in and experience with domestic workers; (3) employ or otherwise engage domestic workers in the performance of domestic services; (4) have a leadership or board structure that includes domestic workers; and (5) comply with any other criteria established by the Secretary for purposes of this section. SEC. 122. ACCESS TO HEALTH AND SAFETY. (a) Standard for Domestic Workers.-- (1) Standard.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall, to improve the health and safety of domestic workers that clean private homes, promulgate a consumer product safety standard under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056) to require manufacturers of household cleaning supplies to-- (i) make safety data sheets for any household cleaning supply that contains a hazardous chemical available on the website of the manufacturer in a manner that ensures such safety data sheets are easily accessed via the name of the specific product line; (ii) translate such safety data sheets into multiple languages, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates the basic information fact sheet published by the Administrator; and (iii) create and provide, for use on small secondary containers, small labels with the name of the product and its ingredients as listed on the safety data sheet. (B) Civil penalty.--Notwithstanding section 20 of the Consumer Product Safety Act (15 U.S.C. 2069), or any other provision of that Act, any person that knowingly violates the requirements of the standard promulgated under subparagraph (A) shall be subject to a civil penalty not to exceed $500 for each violation. (2) Educational materials for workers.--The Consumer Product Safety Commission shall produce educational materials for consumers and domestic workers regarding requirements for safety data sheets and translate such materials into multiple languages, including all languages described in paragraph (1)(A)(ii). (3) Definitions.--In this subsection: (A) Hazardous chemical.--The term ``hazardous chemical'' has the meaning given such term in section 1910.1200(c) of title 29, Code of Federal Regulations, or a successor regulation. (B) Household cleaning supply.--The term ``household cleaning supply''-- (i) means any product, including a soap or detergent containing a surfactant as a wetting or dirt emulsifying agent, that is used primarily for domestic or commercial cleaning purposes, including the cleansing of fabrics, dishes, food utensils, and household and commercial premises; and (ii) does not include-- (I) food, drugs, or cosmetics, including personal care items such as toothpaste, shampoo, or hand soap; or (II) products labeled, advertised, marketed, or distributed for use primarily as a pesticide subject to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (C) Safety data sheets.--The term ``safety data sheets'' means the safety data sheets required under section 1910.1200 of title 29, Code of Federal Regulations, or a successor regulation. (b) NIOSH Educational Materials.--Not later than 1 year after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall develop and publish educational materials on protecting the health and safety of domestic workers who provide child care or cleaning services. SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING GRANTS. The Secretary shall, in awarding Susan Harwood training grants under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards facing domestic workers are included as a topic for training in any announcement for such grants issued after the date of enactment of this Act. SEC. 124. WORKPLACE HARASSMENT SURVIVOR SUPPORTS STUDY. (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 a report, to the Interagency Task Force on Domestic Workers Bill of Rights Enforcement established under section 303(a) and Congress, on ways to expedite public support to ensure that survivors of workplace harassment in low-wage, vulnerable, and marginalized sectors, such as the domestic service sector, can access support for any of the following: (1) Housing services. (2) Health care services, including mental health services. (3) Counseling services. (4) Workers' compensation. (5) Unemployment insurance. (6) Disability benefits. (7) Transportation stipends. (8) Support for caregiving needs, including paid leave, child care, and care for an individual related to the survivor by blood or affinity or whose close association with the survivor is the equivalent of a family relationship. (9) Any other support determined appropriate by the Secretary. (b) Recommendations.--The report required under subsection (a) shall-- (1) include specific recommendations for each type of support listed in paragraphs (1) through (8) of such subsection; and (2) take into account that support is needed regardless of immigration or citizenship status. Subtitle D--Amendment to Title VII of Civil Rights Act of 1964 SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN CIVIL RIGHTS PROTECTIONS AGAINST DISCRIMINATION IN EMPLOYMENT. Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)) is amended by striking ``fifteen'' and inserting ``one''. TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT SEC. 201. DOMESTIC WORKER STANDARDS BOARD. (a) Establishment and Purposes.--The Secretary shall establish a board to be known as the ``Domestic Worker Standards Board'' (referred to in this section as the ``Board'') to investigate standards in the domestic workers industry, and issue recommendations to the Secretary under subsection (e)(1), in order to promote the health, safety, and well-being of domestic workers. (b) Membership.-- (1) Composition.--The Board shall be composed of 11 members, of which-- (A) 5 shall be individuals, appointed by the Secretary in accordance with paragraph (2), representing domestic workers; (B) 5 shall be individuals, appointed by the Secretary in accordance with paragraph (3), representing domestic work hiring entities; and (C) 1 shall be an individual appointed by the Secretary who is an expert on the domestic services sector from academia, the nonprofit sector, or a Federal, State, or local governmental agency. (2) Domestic workers seats.-- (A) In general.--The Secretary shall appoint members of the Board representing domestic workers from among individuals nominated under subparagraph (B) by eligible worker organizations. (B) Selection of eligible worker organizations.-- The Secretary shall enter into agreements, on a competitive basis, with eligible worker organizations for such organizations to nominate individuals to serve as members of the Board representing domestic workers. (C) Selecting individuals on the board.--For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision. (D) Definition of eligible worker organization.--In this paragraph, the term ``eligible worker organization'' means an organization that-- (i) is not a hiring entity or employment agency; (ii) represents members of the organization, including domestic workers; (iii)(I) is described in paragraph (3), (4), or (5) of section 501(c) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code; and (II) is organized and operated for the betterment of workers, including domestic workers; (iv) engages in public advocacy to promote the health and well-being of domestic workers; (v) has a governing structure that promotes the decision-making power of domestic workers; and (vi) submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (3) Domestic work hiring entity seats.-- (A) In general.--The Secretary shall appoint members of the Board representing domestic work hiring entities from among individuals nominated by eligible hiring organizations under subparagraph (B). (B) Selection of eligible hiring organizations.-- The Secretary shall enter into agreements on a competitive basis with eligible hiring organizations for such organizations to nominate individuals to serve as members of the Board representing domestic work hiring entities. (C) Selecting individuals on the board.-- (i) In general.--For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision. (ii) Requirements for appointments.--The Secretary shall ensure that-- (I) not less than 2 seats under this paragraph are filled by an individual who contracts with, or hires, 1 domestic worker to work in the residence of the individual; (II) not less than 1 seat under this paragraph is filled by a nomination from an eligible hiring organization that is dedicated to the well-being of domestic workers; (III) not less than 1 seat under this paragraph is filled by an individual who relies on a personal care aide or assistant financed through a State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (IV) not less than 1 seat under this paragraph is filled by an individual who-- (aa) is an adult family member of a Medicaid HCBS- eligible elderly individual or an individual with a disability; (bb) is an informal provider of in-home care to such Medicaid HCBS-eligible elderly individual or individual with a disability; and (cc) contracts with, or hires, 1 or more domestic workers to provide additional care for the Medicaid HCBS- eligible elderly individual or individual with a disability; (V) a single domestic work hiring entity does not fill more than 1 seat under this paragraph; and (VI) any domestic work hiring entity serving on the Board satisfies the requirements under clause (iii). (iii) Disclosure of labor violations.-- (I) In general.--The Secretary shall require that each domestic work hiring entity that serves on the Board disclose to the Secretary, with respect to the preceding 5-year period-- (aa) any administrative merits determination, arbitral award or decision, or civil judgment, rendered against the entity for a violation of the labor laws listed in subclause (II); and (bb) any steps taken by the entity to correct a violation of or improve compliance with the labor laws listed in subclause (II), including any agreement entered into with an enforcement agency. (II) Labor laws.--The labor laws described in this subclause are each of the following: (aa) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (bb) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (cc) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (III) Responsible source.--The Secretary shall consider information disclosed by a domestic work hiring entity under this clause to determine whether the entity has a satisfactory record of integrity and business ethics for purposes of determining whether the entity shall serve on the Board. (D) Definition of eligible hiring organization.--In this paragraph, the term ``eligible hiring organization'' means an organization that-- (i)(I) is an agency employing 2 or more domestic workers; or (II) is an association of 2 or more individuals who hire or contract with domestic workers; and (ii) submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (4) Chairperson.--The Board shall select a Chairperson from among the members of the Board. (5) Executive committee.--The Chairperson shall assign an executive committee of 3 members of the Board, including not less than 1 representative appointed under paragraph (2) and 1 representative appointed under paragraph (3). Such executive committee shall establish an agenda and a work plan for the Board. (c) Terms.-- (1) In general.--Except as provided in paragraph (2), each member of the Board shall serve a term of 2 years. (2) Initial members.--The Secretary shall stagger the terms of the Board members such that-- (A) 6 of the initial members appointed to the Board serve a term of 4 years, including 3 of the members described in subsection (b)(1)(A) and 3 of the members described in subsection (b)(1)(B); and (B) 5 of the initial members appointed to the Board serve a term of 2 years, including 2 of the members described in subsection (b)(1)(A), 2 of the members described in subsection (b)(1)(B), and the member described in subsection (b)(1)(C). (3) Vacancies.-- (A) In general.--A vacancy on the Board-- (i) shall not affect the powers of the Board; and (ii) shall be filled in the same manner as the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Filling unexpired terms.--An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Presumption.--If a member of the Board is unable to fill the duties of the member in serving on the Board, or leaves the domestic service industry, for a period that exceeds 90 days while serving on the Board, the seat of the member shall be considered a vacancy for purposes of this paragraph. (d) Meetings.-- (1) In general.--The Board shall meet at the call of the Chairperson. (2) Public notice.--The call of the Chairperson under paragraph (1) shall include notice to the public of the meeting. (3) Initial meeting.--Not later than 90 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. (e) Standards.-- (1) Process for recommending standards.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter, the Board shall issue recommendations to the Secretary for standards that affect the well-being of domestic workers, including recommendations for-- (i) workplace standards for domestic workers, including standards for-- (I) occupational safety and health, that include the immediate protection of domestic workers and domestic work hiring entities from infectious diseases such as COVID-19; (II) wages; (III) hours; (IV) benefits; and (V) other matters that impact working conditions; and (ii) implementing and enforcing the rights of domestic workers granted under this Act and other Federal laws, including rights for minimum wage, health, safety, and other workplace standards. (B) Voting.--Any decision of the Board regarding a recommendation issued under subparagraph (A) shall be decided through a vote of the Board. In any such vote: (i) Each voting member of the Board shall have 1 vote. (ii) A quorum of the members of the Board shall be required to be in attendance at the vote. A quorum shall not be formed if there are in attendance fewer than-- (I) 2 members of the Board described in subsection (b)(1)(A); or (II) 2 members of the Board described in subsection (b)(1)(B). (iii) The vote shall be agreed to upon the affirmative vote of not less than a majority of the members of the Board present and voting. (2) Rulemaking.-- (A) Authority.--Subject to requirements under other law and paragraph (3), the Secretary may issue a rule, in accordance with section 553 of title 5, United States Code, regarding any standard recommended by the Board under paragraph (1). (B) Decision.-- (i) In general.--Not later than 90 days after receiving a recommendation from the Board under paragraph (1), the Secretary shall issue a decision on-- (I) whether the Secretary will issue a rule under subparagraph (A) regarding such recommendation; and (II) if the Secretary issues such a rule, whether the Secretary will deviate from such recommendation through such rule. (ii) Explanatory statement.--If the Secretary decides not to issue a rule under subparagraph (A) regarding a recommendation under paragraph (1) or decides to deviate from such recommendation in such a rule, the Secretary shall have 90 days after receiving such recommendation to issue a statement explaining the decision. (C) Workplace standards.--No standard included in a rule issued under subparagraph (A) may be for a workplace standard that is less protective of domestic workers than any law in effect on the date of enactment of this Act for domestic workers under any State or local law. (3) Recommendations to congress.-- (A) In general.--For any recommendation made by the Board under paragraph (1) that the Secretary determines is not within the authority of the Secretary, the Secretary shall make a recommendation to Congress to take action on the recommendation. (B) Hearing and investigations.--Not later than 1 year after such a recommendation is made by the Secretary to Congress under subparagraph (A), Congress shall conduct a hearing on and investigate the recommendation. (C) Rulemaking.--This paragraph is enacted by Congress-- (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a 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, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) 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. (f) Powers.-- (1) Hearings.-- (A) In general.--The Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this section. (B) Required public hearings.--The Board shall, prior to issuing any recommendation under this section, hold public hearings to enable domestic workers across the United States to have access to the Board. Any such public hearing shall-- (i) be held at such a time, in such a location, and in such a facility that ensures accessibility for domestic workers; (ii) include interpretation services in the languages most commonly spoken by domestic workers in the geographic region of the hearing; (iii) be held in each of the regions served by the regional offices of the Wage and Hour Division of the Department of Labor; and (iv) include worker organizations in helping to populate the hearings. (2) Information from federal agencies.-- (A) In general.--The Board may secure directly from a Federal agency such information as the Board considers necessary to carry out this section. (B) Provision of information.--On request of the Chairperson of the Board, the head of the agency shall provide the information to the Board. (3) Postal services.--The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. (g) Board Personnel Matters.-- (1) Compensation of members.-- (A) Non-federal employees.--A member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. (B) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (2) Travel expenses.--A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (3) Staff.-- (A) In general.--The Chairperson of the Board may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Board to perform the duties of the Board. (B) Required staff members.--The Secretary shall, in accordance with subparagraph (A), designate no fewer than 2 full-time staff members to support the operation of the Board through logistical, administrative, and legislative activities. (C) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Board. (D) Compensation.-- (i) In general.--Except as provided in clause (ii), the Chairperson of the Board may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of federal government employees.-- (A) In general.--An employee of the Federal Government may be detailed to the Board without reimbursement. (B) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Board may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (h) Rule of Construction for Reporting Requirements.-- (1) In general.--Neither the nomination by an eligible worker organization of 1 or more individuals to serve as members of the Board, nor service on the Board by a representative of an eligible worker organization, shall-- (A) make the eligible worker organization subject to the reporting requirements for labor organizations under title II of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or (B) be considered as a factor in any determination of whether the eligible worker organization is subject to such reporting requirements. (2) LMRDA requirements.--The status of an organization as an eligible worker organization shall not, by itself, make the organization subject to any reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.). (3) Definition of eligible worker organization.--For purposes of this subsection, the term ``eligible worker organization'' has the meaning given such term in subsection (b)(2)(D). (i) Prohibited Acts.--No domestic work hiring entity may take any action prohibited under paragraph (7) of section 117(b) with respect to a domestic worker participating as a member of, or taking an action described in paragraph (8) of such section with respect to, the Board. (j) Rule of Construction for State and Local Standards.--Nothing in this section shall preempt a State or local law with greater protections for domestic workers than the protections for such workers included in a standard issued through a rule under subsection (e)(2). (k) Effect on Existing Domestic Worker Benefits.-- (1) More protective.--Nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, collective bargaining agreement, or any domestic worker benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this Act. (2) Less protective.--The rights established for domestic workers under this section shall not be diminished by any contract, collective bargaining agreement, or any benefit program or plan. SEC. 202. DOMESTIC WORKERS' BENEFITS STUDY. (a) Study.-- (1) In general.--The Secretary shall conduct a study, which may be through a contract with another entity, for the purpose of providing information to labor organizations, domestic work hiring entities, and the general public concerning how to increase the number of domestic workers who have access to a secure retirement, affordable health care, unemployment insurance, life insurance, and other common benefits provided to employees of large private and public sector employers. (2) Matters.--The study conducted under paragraph (1) shall include-- (A) a review of-- (i) the levels of access to and usage of benefits for domestic workers, including retirement savings, health insurance, and reduced health care costs, paid sick time, unemployment insurance, disability and life insurance, and paid family and medical leave; (ii) barriers for domestic workers to-- (I) participate in the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.); (II) obtain disability insurance; (III) access and use benefits, including the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid program established under title XIX of that Act (42 U.S.C. 1396 et seq.), unemployment insurance, any benefits provided under the Patient Protection and Affordable Care Act (Public Law 111-148), including the amendments made by that Act, paid family and medical leave, paid sick time, and any additional benefits identified by the Secretary, including such benefits that are portable from job to job; (IV) otherwise access affordable health insurance; and (V) access any other benefits described in clause (i); (iii) the portability of work-related benefits for domestic workers and the laws, including regulations, preventing innovation and improvement in the portability of such benefits; and (iv) whether domestic workers benefitted from the emergency family and medical leave and emergency paid sick leave provisions under the Families First Coronavirus Response Act (Public Law 116-127), including the amendments made by that Act, and lessons learned from the implementation of these provisions; (B) an identification and analysis of State and nongovernmental innovations that can serve as potential replicable models on the national level to increase access to work-related benefits for domestic workers, through portability, outreach, enrollment, and other strategies; (C) a comparison of the ability of domestic workers to access, be eligible for, and participate in public and private sector work-related benefits compared to such ability of other workers; (D) a study on the coverage of domestic workers under State workers' compensation laws, including in all 50 States, the District of Columbia, and territories of the United States; and (E) recommendations for innovations and reforms that would-- (i) ensure domestic workers could-- (I) access and use benefits, including the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid program established under title XIX of that Act (42 U.S.C. 1396 et seq.), unemployment insurance, any benefits provided under the Patient Protection and Affordable Care Act (Public Law 111-148), including the amendments made by that Act, paid family and medical leave, paid sick time, and any additional benefits identified by the Secretary, including such benefits that are portable from job to job; and (II) have contributions for the benefits described in subclause (I) from multiple hiring entities as applicable; (ii) provide adequate levels of such benefits for domestic workers; and (iii) enable a domestic worker to have access to such benefits through multiple jobs the worker may have. (b) Report.--Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to the President and Congress a report on the study conducted under subsection (a) that includes each of the following: (1) The findings and conclusions of the study, including its findings and conclusions with respect to the matters described in subsection (a)(2). (2) Considerations for laws, including regulations, that should be reviewed to address barriers impacting domestic workers. (3) Other information and recommendations with respect to benefits for domestic workers as the Secretary considers appropriate. SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS FOR DOMESTIC WORKERS. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor, in consultation with the Secretary of Education and the Secretary of Health and Human Services. (2) Supportive services; training services; workforce investment activities.--The terms ``supportive services'', ``training services'', and ``workforce investment activities'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (b) National Grant Program for Domestic Workers.--Every 3 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts with, eligible entities to carry out the activities described in subsection (d). The Secretary shall make the grants, or enter into the contracts, for periods of 4 years. (c) Eligibility.-- (1) Eligible entities.-- (A) In general.--Subject to subparagraph (B), to be eligible to receive a grant or enter into a contract under this section, an entity shall be-- (i)(I) a nonprofit organization that is described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code; (II) an organization with a board of directors, at least one-half of the members of which is comprised of-- (aa) domestic workers; or (bb) representatives of an organization of such workers, which organization is independent from all businesses, organizations, corporations, or individuals that would pursue any financial interest in conflict with that of the workers; (III) an organization that is independent as described in subclause (II)(bb); and (IV) an organization that has expertise in domestic work and the workforce of domestic workers; (ii) an eligible provider of training services listed pursuant to section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); or (iii) an entity that carries out a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (B) Eligible entity that trains personal care aides or assistants.--In the case of an entity that plans to use a grant or cooperative agreement under this section to train personal care aides or assistants, such entity shall, to be eligible for such grant or contract, partner with individuals with disabilities or organizations that represent individuals with disabilities. (2) Program plan.-- (A) In general.--To be eligible to receive a grant or enter into a contract under this section, an entity described in paragraph (1) shall submit to the Secretary of Labor a plan that describes a 4-year strategy for meeting the needs of domestic workers in the area to be served by such entity. (B) Contents.--Such plan shall-- (i) describe the domestic worker population to be served and identify the needs of the population to be served for workforce investment activities and related assistance, which may include employment and supportive services; (ii) identify the manner in which career pathways to be provided will strengthen the ability of the domestic workers to be served to obtain or retain employment and to improve wages or working conditions, including improved employment standards and opportunities in the field of domestic work; (iii) specifically address how the funding provided through the grant or contract for services under this section to domestic workers will improve wages and skills for domestic workers in a way that helps meet the need to recruit workers for and retain workers in in- demand occupations or careers; and (iv) in the case of an entity that plans to serve domestic workers who are personal care aides or assistants through the grant or contract, provide an assurance that the workforce investment activities and related assistance carried out under this section will include relevant training for such domestic workers-- (I) regarding the rights of recipients of home and community based services, including the rights of such recipients to-- (aa) receive services in integrated settings that provide access to the broader community; (bb) exercise self- determination; (cc) be free from all forms of abuse, neglect, or exploitation; and (dd) receive person- centered planning and practices, including through the participation of such recipients in planning activities; (II) to ensure that each participant of such training has the necessary skills to recognize abuse and understand their obligations with regard to reporting and responding to abuse appropriately in accordance with relevant Federal and State law; and (III) regarding the provision of culturally competent and disability- competent supports to recipients of services provided by personal care aides or assistants. (3) Awards and administration.--The grants and contracts under this subsection shall be awarded by the Secretary using full and open competitive procedures and shall be administered by the Secretary. (d) Authorized Activities.--Funds made available under this section shall be used to carry out workforce investment activities and provide related assistance for domestic workers, which may include-- (1) outreach, employment, training services, educational assistance, digital literacy assistance, English language and literacy instruction, worker safety training, supportive services, school dropout prevention and recovery activities, individual career services, and career pathways; (2) follow-up services for those individuals placed in employment; (3) development or education as needed by eligible individuals as identified; (4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in domestic work or another area; and (5) the creation or maintenance of employment and training- related placement services, including digital placement services. (e) Funding Allocation.--From the funds appropriated and made available to carry out this section, the Secretary shall reserve not more than 1 percent for discretionary purposes related to carrying out this section, such as providing technical assistance to eligible entities. (f) Eligible Provider Performance Reports.--Each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section. The performance report for an eligible entity shall include, with respect to each such program (referred to in this subsection as a ``program of study'') of such provider-- (1) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (V) of section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)) with respect to all individuals engaging in the program of study; (2) the total number of individuals exiting from the program of study; (3) the total number of participants who received training services through the program; (4) the total number of participants who exited from training services, disaggregated by the type of entity that provided the training services, during the most recent program year and the 3 preceding program years; (5) the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training services, during the most recent program year and the 3 preceding program years; and (6) information on indicators specified by the Secretary concerning the impact of the training services on the wages, skills, recruitment, and retention of participants. SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING STANDARDS, AND APPRENTICESHIPS FOR DOMESTIC WORKERS. (a) Definition.--In this section, the term ``Secretary'' means the Secretary of Labor, acting in consultation with the Secretary of Education and the Secretary of Health and Human Services. (b) Preparation.-- (1) In general.--The Secretary shall conduct an interim study and a final study regarding the development of career pathways, national training standards, registered apprenticeship programs, and credentials for domestic workers who work in health care. (2) Contents.--The study required under paragraph (1) shall-- (A)(i) examine how the establishment or expansion of career pathways, national training standards, registered apprenticeship programs, or credentials could enable the Nation to meet the growing demand for domestic workers; and (ii) make recommendations on whether and, if so, how that establishment could improve wages and working conditions across the domestic worker industry; (B)(i) examine how the creation or expansion of registered apprenticeship programs for domestic workers, including such programs conducted at work sites of domestic workers and such programs that use peer educators and peer mentors for such workers, could improve opportunities for such workers; and (ii) make recommendations on whether and, if so, how, that creation or expansion could improve wages and working conditions across the domestic worker industry; and (C) examine whether any amendments to the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) after the date of enactment of this Act should include assistance, through grants and contracts, specifically for domestic workers to improve outreach, training, education, and other assistance and support activities for such workers. (3) Consultation.--The study under paragraph (1) shall be conducted in consultation with representatives of domestic workers, experts in the field of domestic work, and domestic worker-led organizations. (c) Submission of Reports.-- (1) Interim report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an interim report containing the findings of the interim study under subsection (b). (2) Final report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a final report containing the findings of the final study under subsection (b). TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS SEC. 301. DEFINITIONS. In this title: (1) Domestic workers bill of rights.--The term ``domestic workers bill of rights''-- (A) means the rights and protections provided to domestic workers under this Act, and the amendments made by this Act, including (as applicable)-- (i) coverage under the overtime requirements of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207); (ii) the right of live-in domestic employees to certain notices and communications under section 8 of such Act (29 U.S.C. 208); (iii) any minimum wage for domestic workers that may be established pursuant to a recommendation to Congress under section 201(e)(3); (iv) the protection against retaliation under section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); (v) the applicability of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) to employers of 1 or more employees; (vi) the labor rights and privacy protections provided to domestic workers under subtitle B of title I, including-- (I) the right to a written agreement under section 110; (II) the right to earned paid sick time provided under section 111; (III) the fair scheduling practices required under section 112; (IV) the right to request and receive temporary changes to scheduled work hours for certain personal events under section 113; (V) the privacy protections under section 114; (VI) the right to meal and rest breaks in accordance with section 115; (VII) the protection from wage deductions for cash shortages, breakages, or loss under subsection (a) of section 116 and wage deductions or other penalties for communications described in subsection (b) of such section; and (VIII) the protection against retaliation under section 117(b); and (vii) the availability of-- (I) safety data sheets for household cleaning supplies in accordance with the consumer product safety standard promulgated by the Consumer Product Safety Commission under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056) and section 122(a); (II) educational materials from the National Institute for Occupational Safety and Health relating to the health and safety of domestic workers who provide child care or cleaning services under section 122(b); and (III) the national domestic worker hotline supported under section 121, including the phone number and other contact methods for the hotline; and (B) includes any rules promulgated by the Secretary under this Act, or the amendments made by this Act, and any standard recommended by the Board that is promulgated as such a rule or otherwise implemented by the Secretary. (2) Eligible entity.--The term ``eligible entity'' means-- (A) an organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code that-- (i) has a board of directors, at least one- half of the members of which is comprised of-- (I) domestic workers; or (II) representatives of organizations of such workers, which organization is independent from all businesses, organizations, corporations, or individuals that would pursue any financial interest in conflict with that of the workers; (ii) is independent, as described in clause (i)(II); (iii) has expertise in domestic service and the workforce of domestic workers, and has a track record of working with domestic workers; and (iv) operates in a jurisdiction with a significant population of domestic workers; or (B) a partnership of organizations described in subparagraph (A). (3) Notice of domestic worker rights.--The term ``notice of domestic worker rights'' means the document created and made available by the Secretary under section 302(a). SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS. (a) Providing Notice of Rights to Domestic Workers.-- (1) Notice of rights.--The Secretary shall create, and make available, a notice of domestic worker rights document that describes the rights and protections provided by the domestic workers bill of rights and any other protections and other rights afforded under Federal law to domestic workers. (2) Availability and accessibility of notice.--The notice of domestic worker rights shall be-- (A) a written document made available online, including through the website described in subsection (b); and (B) available in English, Spanish, and other languages understood by domestic workers, which shall be determined by the Secretary and include, at a minimum, the translation languages for the basic information fact sheet (or any successor document) produced by the Department of Labor. (b) Establishing a Domestic Workers Rights Website.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a single web page on the website of the Department of Labor that summarizes in plain language the rights of domestic workers under the domestic workers bill of rights. SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORKERS BILL OF RIGHTS ENFORCEMENT. (a) Establishment.--There is established an Interagency Task Force on Domestic Workers Bill of Rights Enforcement (referred to in this section as the ``Task Force''). (b) Members.--The Task Force shall consist of-- (1) representatives of the Department of Labor selected by the Secretary, including representatives of the Wage and Hour Division, Occupational Safety and Health Administration, and Office of the Solicitor of Labor; (2) representatives of the Department of Health and Human Services selected by the Secretary of Health and Human Services, including representatives of the Centers for Medicare and Medicaid Services and the Administration for Community Living; and (3) representatives of the Equal Employment Opportunity Commission, selected by the Commission. (c) Initial Meeting.--The Task Force shall hold its first meeting by not later than 90 days after the date of enactment of this Act. (d) Duties.-- (1) Recommendations regarding workplace challenges.-- Beginning not later than 180 days after the date of enactment of this Act, the Task Force shall-- (A) examine the issues and challenges facing domestic workers who come forward to enforce their workplace rights; (B) identify challenges agencies enforcing these workplace rights have in reaching domestic workers and enforcing, including by conducting hearings in each of the regions served by the regional offices of the Wage and Hour Division of the Department of Labor to hear directly from domestic workers, advocates, and officials or employees of such agencies in the regional and local areas; and (C) develop a set of recommendations, including sample legislative language, on the best enforcement strategies to protect the workplace rights of domestic workers, including-- (i) how to reach, and enforce the rights of, domestic workers who work in private homes; (ii) ways for Federal agencies to work together or conduct joint enforcement of workplace rights for domestic workers, as domestic workers who experience one type of violation are likely also experiencing other types of violations; and (iii) ways the Task Force can work with State and local enforcement agencies on the enforcement of workplace rights for domestic workers. (2) Report.--By not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall prepare and submit a report to Congress regarding the recommendations described in paragraph (1)(C). (3) Joint enforcement.-- (A) In general.--For a period of not more than 3 years after the date of enactment of this Act, the Task Force shall carry out such actions as the Task Force determines necessary to support joint enforcement by Federal agencies of violations of the rights of domestic workers. (B) Report.--At the end of the 3-year period described in subparagraph (A), the Task Force shall submit a report to Congress regarding the efficacy of joint enforcement. (4) Audit of federal enforcement strategies.--By not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Task Force shall-- (A) conduct an audit of the Federal enforcement strategies relating to the rights of domestic workers; and (B) prepare and submit to Congress a report regarding the results of the audit. (5) Consultation regarding community-based enforcement demonstration projects.--Upon the request of the Secretary, the Task Force shall review, and provide recommendations regarding, the applications for community-based enforcement grants under section 304. SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND ENFORCEMENT OF DOMESTIC WORKER RIGHTS. (a) Program Authorized.-- (1) In general.--From amounts made available to carry out this section, the Secretary, after consultation with the Interagency Task Force on Domestic Workers Bill of Rights Enforcement, shall award grants to eligible entities to enable the eligible entities to expand and improve cooperative efforts between Federal agencies and members of the community, in order to-- (A) enhance the enforcement of the domestic workers bill of rights and other workplace rights provided to domestic workers under relevant Federal, State, and local laws; (B) educate domestic workers of their rights under the domestic workers bill of rights and other workplace rights under Federal, State, and local laws; (C) educate domestic work hiring entities regarding their responsibilities and obligations under the domestic workers bill of rights and other relevant Federal, State, and local laws; and (D) assist domestic workers in pursuing their workplace rights under the domestic workers bill of rights and other relevant Federal, State, or local laws. (2) Duration of grants.--Each grant awarded under this section shall be for a period of not more than 3 years. (b) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Partnership applications.--In the case of an eligible entity that is a partnership, the eligible entity may designate, in the application, a single organization in the partnership as the lead entity for purposes of receiving and disbursing funds. (3) Contents.--An application described in paragraph (1) shall include-- (A) a description of a plan for the demonstration project that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan that reflects expected participation of, and partnership with, community partners; and (B) information on the training and education that will be provided to domestic workers and domestic work hiring entities under such program. (c) Selection.-- (1) In general.--Subject to paragraph (2), the Secretary shall award grants under this section on a competitive basis. (2) Distribution through regions.--In awarding grants under this section, the Secretary shall ensure that a grant is awarded to an eligible entity in each region represented by a regional office of the Wage and Hour Division of the Department of Labor, to the extent practicable based on the availability of appropriations and the applications submitted. (d) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to develop a community partnership and establish and support, through the partnership, 1 or more of the following activities: (1) Disseminating information and conducting outreach and training to educate domestic workers about the rights and protections provided under the domestic workers bill of rights. (2) Conducting educational training for domestic work hiring entities about their obligations under the domestic workers bill of rights. (3) Conducting orientations and training jointly with relevant Federal agencies, including the Interagency Task Force established under section 303, regarding the rights and protections provided under the domestic workers bill of rights. (4) Providing mediation services between private-pay employers and workers. (5) Providing assistance to domestic workers in filing claims relating to violations of the domestic workers bill of rights, either administratively or in court. (6) Monitoring compliance by domestic work hiring entities with the domestic workers bill of rights. (7) Establishing networks for education, communication, and participation in the community relating to the domestic workers bill of rights. (8) Evaluating the effectiveness of programs designed to prevent violations of the domestic workers bill of rights and enforce the domestic workers bill of rights. (9) Recruiting and hiring staff and volunteers for the activities described in this subsection. (10) Producing and disseminating outreach and training materials. (11) Any other activity as the Secretary may reasonably prescribe through notice and comment rulemaking. (e) Memoranda of Understanding.-- (1) In general.--Not later than 60 days after receiving a grant under this section, an eligible entity shall negotiate and finalize with the Secretary a memorandum of understanding that sets forth specific goals, objectives, strategies, and activities that will be carried out under the grant by the eligible entity through a community partnership. (2) Signatures.--A representative of the eligible entity receiving a grant (or, in the case of an eligible entity that is a partnership, a representative of each organization in the partnership) and the Secretary shall sign the memorandum of understanding under this subsection. (3) Revisions.--A memorandum of understanding under this subsection shall be reviewed and revised by the eligible entity and the Secretary each year for the duration of the grant. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 305. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES. Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall issue a rule to facilitate the use of fiscal intermediaries that enable payments between domestic workers and domestic work hiring entities, to improve transparency, enforcement, and working conditions of domestic workers. SEC. 306. J-1 VISA PROGRAM. (a) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to limit the authority of the Secretary of Labor or the States to enforce labor laws, or promulgate regulations, with respect to work performed by an individual who is-- (1) participating in an exchange visitor program described in section 62.31 of title 22, Code of Federal Regulations (or a successor regulation); and (2) present in the United States pursuant to a visa issued under section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)). (b) Notification of Rights.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of State and any sponsor designated under subsection (b) of section 62.31 of title 22, Code of Federal Regulations (or a successor regulation), to carry out an au pair program shall-- (A) notify each au pair participating in the program of his or her rights under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); and (B) provide to each such au pair-- (i) a description of the services provided by the Wage and Hour Division of the Department of Labor; and (ii) information with respect to the manner in which the au pair may contact the Department of Labor to request assistance. (2) Applicability of domestic worker requirements.--The notice requirement under paragraph (1) shall be in addition to all other protections or notices that apply to a domestic worker who is also an individual participating in an au pair program. SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PROVIDE MEDICAID-FUNDED SERVICES. (a) Regulations To Apply Domestic Worker Protections and Rights.-- Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services jointly shall develop and issue the following regulations: (1) Regulations regarding the application of the protections and rights afforded to domestic workers including personal care aide or assistants who provide services described in subsection (b) that are funded under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan including through a contract or other arrangement with a managed care entity (as defined in section 1932(a)(1)(B) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(B))), to individuals enrolled in such plan or waiver. The regulations issued under this paragraph shall recognize the role of self-directed care for individuals with disabilities and shall-- (A) protect, stabilize, and expand the domestic worker and personal care aide or assistant workforce; (B) recognize the role of self-directed care for individuals with disabilities; (C) prohibit States from requiring individuals with disabilities who self-direct their care to use their direct service budget to pay for costs resulting from the application of such protections and rights to domestic workers (such as paid sick time, penalties, or overtime pay) except to the extent that such costs are directly related to the provision of services described in subsection (b) to such individuals; (D) facilitate Federal and State compliance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the holdings of the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), and companion cases; and (E) prohibit States from reducing the level at which States make medical assistance for the services described in subsection (b) available under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan as a result of the application of protections and rights afforded to domestic workers who provide such services. (2) Regulations regarding-- (A) mechanisms for States to use to pay for the costs described in paragraph (1)(C), including, to the extent the Secretaries determine appropriate, through the establishment of a dedicated State fund, using funds appropriated to a State agency, and using fiscal intermediaries; and (B) how States may use funds provided as a result of the increased Federal medical assistance percentage for services provided by domestic workers under section 1905(jj) of such Act (42 U.S.C. 196d(jj)) (as added by section 401) for such costs. (b) Services Described.--The services described in this subsection are the following: (1) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (2) Personal care services authorized under paragraph (24) of such section. (3) PACE services authorized under paragraph (26) of such section. (4) Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u-7). (5) Case management services authorized under section 1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C. 1396n(g)). (6) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). (7) Such other services specified by the Secretary of Health and Human Services. SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-FUNDED PROGRAMS. (a) In General.--Notwithstanding any other provision of this Act, the Secretary shall delay all enforcement relating to the provisions of this Act, or the amendments made by this Act, with respect to a Federal, State, or local governmental agency, or an entity operating under a grant, contract, or other agreement for such agency until the day that is 2 years after the date of enactment of this Act. (b) Extension Option.--The Secretary may extend the 2-year delay period in enforcement under subsection (a) with respect to a Federal, State, or local governmental agency, or an entity operating under a grant, contract, or other agreement for such agency for an additional 1-year period, if, through a process established by the Secretary, the Secretary determines the delay appropriate. In applying the preceding sentence, a delay in issuing the regulations required under section 307 shall be deemed a reason to extend the delayed enforcement period. (c) Delay of Enforcement Through Civil Actions by Domestic Workers Providing Services Funded Under Medicaid.--No action may be brought under section 118(a)(3) against a domestic work hiring entity that receives payment under a State Medicaid plan or waiver under title XIX of the Social Security Act for providing any services described in section 307(b), until on or after the date that is 2 years after the date of enactment of this Act. TITLE IV--FUNDING SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MEDICAL ASSISTANCE PERCENTAGE FOR MEDICAID-FUNDED SERVICES PROVIDED BY DOMESTIC WORKERS. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by striking ``and (ii)'' and inserting ``(ii), and (jj)''; and (2) by adding at the end the following new subsection: ``(jj) Increased FMAP for Medical Assistance for Services Provided by Domestic Workers.-- ``(1) Amount of increase.-- ``(A) In general.--Notwithstanding subsection (b), with respect to amounts expended by a State for medical assistance described in paragraph (2) that is provided by a personal care aide or assistant during a quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this subsection, the Federal medical assistance percentage for the State and the quarter that applies to such expenditures shall, after application of any increase to the Federal medical assistance percentage for the State and quarter, if applicable, under subsection (y), (z), (aa), or (ii) of this section, section 1915(k), section 6008 of the Families First Coronavirus Response Act, section 9817 of the American Rescue Plan Act, or any other provision of law, be increased by 4 percentage points (not to exceed 100 percent). ``(B) Disregard from territorial payment caps.--Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa for expenditures on medical assistance that are subject to the Federal medical assistance percentage increase specified under subparagraph (A) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108. ``(2) Medical assistance described.--The medical assistance described in this paragraph is the following: ``(A) Home health care services authorized under paragraph (7) of subsection (a). ``(B) Personal care services authorized under paragraph (24) of such subsection. ``(C) PACE services authorized under paragraph (26) of such subsection. ``(D) Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915, such services authorized under a waiver under section 1115, and such services provided through coverage authorized under section 1937. ``(E) Case management services authorized under subsection (a)(19) and section 1915(g). ``(F) Rehabilitative services, including those related to behavioral health, described in subsection (a)(13). ``(G) Such other services specified by the Secretary. ``(3) Maintenance of effort requirement.--A State may not receive the increase described in paragraph (1) with respect to a quarter if the eligibility standards, methodologies, or procedures applicable to the provision of medical assistance described in paragraph (2) under the State plan (or waiver of such plan) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, applicable to the provision of such assistance under such plan (or waiver) as in effect on the date of enactment of this subsection. ``(4) Personal care aide or assistant defined.--In this subsection, the term `personal care aide or assistant' has the meaning given that term in section 3(b)(11) of the Domestic Workers Bill of Rights Act and includes any individual who provides medical assistance described in paragraph (2) for compensation.''. (b) Application to CHIP.--Section 2105(a) of the Social Security Act (42 U.S.C. 1397ee(a)) is amended by adding at the end the following new paragraph: ``(5) Child health assistance provided by domestic workers.-- ``(A) In general.--Notwithstanding paragraph (1) and subsection (b), the Secretary shall pay to each State with a plan approved under this title, from its allotment under section 2104, an amount, for each quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this paragraph, equal to the enhanced FMAP, increased by 4 percentage points (not to exceed 100 percent) of expenditures in the quarter for child health assistance and pregnancy-related assistance described in subparagraph (B) that are provided under the plan for targeted low-income children and targeted low-income women. ``(B) Child health assistance and pregnancy-related assistance described.--The child health assistance and pregnancy-related assistance described in this subparagraph are the following: ``(i) Home and community-based health care services and related supportive services under paragraph (14) of section 2110 (other than training for family members, and minor modifications to the home). ``(ii) Rehabilitative services under paragraph (24) of section 2110.''. SEC. 402. PROCESS FOR DETERMINING AN INCREASED FMAP TO ENSURE A ROBUST HOMECARE WORKFORCE UNDER MEDICAID. (a) Data Collection.--The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation (referred to in this section as ``ASPE''), shall enter into arrangements with States to collect State Medicaid program data on the personal care aide or assistant workforce. The data collected under such arrangements shall include the following: (1) Rates of retention and turnover of personal care aide or assistants by program type and State. (2) Causes of such turnover. (3) Numbers and types of personal care aide or assistants impacted by this Act and the amendments made by this Act, including, but not limited to, with respect to-- (A) personal care aide or assistants providing services to individuals who are enrolled in a State Medicaid program, including, in the case of individuals enrolled under a waiver of such program, the types of waivers involved; and (B) personal care aide or assistants providing services to individuals who are not enrolled in a State Medicaid program. (4) Wages earned by personal care aide or assistants in each State. (5) Variations in wages across types of employers of personal care aide or assistants. (6) Any other such data as ASPE determines relevant to studying how to improve the recruitment and retention of the personal care aide or assistant workforce. (b) Proposed FMAP Increase.-- (1) In general.--Based on the data collected under arrangements entered into under subsection (a), ASPE shall determine a proposed increased FMAP for amounts expended by a State for medical assistance described in section 1905(jj)(2) of the Social Security Act (42 U.S.C. 1396d(jj)(2)) (as added by section 401) under the State Medicaid program that is provided by a personal care aide or assistant. (2) Requirements.--The proposed increased FMAP shall be designed to do the following: (A) Provide adequate reimbursement under State Medicaid programs for increased costs for Federal, State, and local changes in wages and benefits for personal care aide or assistants as a result of this Act and the amendments made by this Act. (B) Improve the rates of retention and recruitment of personal care aide or assistants. (C) Ensure the independence and integration of individuals with disabilities who rely on personal care aide or assistants. (3) Consultation.--In determining such proposed increased FMAP, ASPE shall consult with the Domestic Worker Wage and Standards Board and shall provide that Board with the opportunity to make formal written comments on ASPE's final proposed increased FMAP before the report required under subsection (c) is submitted to Congress. (c) Report.-- (1) Deadline.--Not later than 1 year after the date of enactment of this Act, ASPE shall submit a report to Congress that includes the following: (A) The proposed increased FMAP determined by ASPE. (B) An explanation of the benefits of using the proposed increased FMAP calculation for-- (i) the personal care aide or assistant workforce; and (ii) elderly individuals and individuals with disabilities who are provided medical assistance described in section 1905(jj)(2) of the Social Security Act (42 U.S.C. 1396d(jj)(2)) (as added by section 401) by a personal care aide or assistant, as well as to family caregivers. (C) The written comments, if any, submitted by the Domestic Worker Wage and Standards Board to ASPE prior to the submission of the report. (D) Suggestions for how States and the Federal Government can improve the process of obtaining timely, uniform data under State Medicaid programs regarding the personal care aide or assistant workforce. (E) Methods of ensuring parity in wages and working conditions of domestic workers covered under this bill and workers performing substantially similar Medicaid funded occupations such as in congregate settings. (2) Optional addendum.--Not later than 90 days after the report required under paragraph (1) is submitted to Congress, the Domestic Worker Wage and Standards Board may submit an addendum to the report to Congress that contains the Board's views regarding the proposed increased FMAP and report submitted by ASPE. (d) Definitions.--In this section: (1) Personal care aide or assistant.--The term ``personal care aide or assistant'' has the meaning given that term in section 1905(jj)(4) of the Social Security Act (42 U.S.C. 1396d(jj)(4)). (2) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), as determined without regard to this section. (3) State.--The term ``State'' has the meaning given that term in section 1101 of the Social Security Act (42 U.S.C. 1301) for purposes of title XIX of that Act. (4) State medicaid program.--The term ``State Medicaid program'' means, with respect to a State, the program for medical assistance carried out by a State under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and any waiver of that plan. SEC. 403. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, and the amendments made by this Act, such sums as may be necessary. TITLE V--SEVERABILITY SEC. 501. 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, or an amendment made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected. <all>

Domestic Workers Bill of Rights Act

A bill to enhance the rights of domestic workers, and for other purposes.

Domestic Workers Bill of Rights Act

Sen. Gillibrand, Kirsten E.

D

NY

This bill provides rights and protections for domestic workers (e.g., housekeepers, nannies, caretakers, personal assistants, and chauffeurs), including pay and leave rights, and health and safety protections. Specifically, the bill repeals the exemption of domestic live-in employees from certain minimum wage and maximum hour requirements. Employers must provide written notice of termination and provide at least 30 days of lodging and two weeks of severance pay to terminated live-in employees. Live-in employees also must be provided with reasonable access to telephone and internet service during their employment. The bill requires employers to provide domestic workers with a written agreement covering wages, sick leave, benefits, and other matters. Further, domestic workers may request and be granted changes to work schedules due to personal events. The bill also provides domestic workers with certain privacy rights, extends to domestic workers protections against discrimination in employment, and increases the federal medical assistance percentage (FMAP) for certain Medicaid-funded medical services provided by domestic workers. The Department of Labor must (1) award grants for a domestic worker national hotline for reporting emergencies, training on hazards facing domestic workers, and workforce investment activities for domestic workers; and (2) establish a Domestic Worker Wage and Standards Board to investigate standards in the domestic workers industry. Labor must publish online a document that describes the rights and protections for domestic workers under this bill.

1. Overtime protections for live-in domestic employees. Enforcement. Written agreements. Earned sick days. Fair scheduling practices. Right to request and receive temporary changes to scheduled work hours due to personal events. Breaks for meals and rest. Occupational safety and health training grants. Workplace harassment survivor supports study. TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT Sec. Definitions. Notice of domestic worker rights. Sec. 2. and other laws. 3. (4) Domestic partner.-- (A) In general.--The term ``domestic partner'', with respect to an individual, means another individual with whom the individual is in a committed relationship. (13) Secretary.--The term ``Secretary'' means the Secretary of Labor. 8. (b) Penalties.--Section 16 of such Act (29 U.S.C. (E) The day of the week when the covered domestic worker will be paid. (4) Employment.--The term ``employment'' includes service as a domestic worker. The domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification. (B) Willful violation.--In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. (2) Health care services, including mental health services. (5) Unemployment insurance. (6) Disability benefits. (B) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (2) LMRDA requirements.--The status of an organization as an eligible worker organization shall not, by itself, make the organization subject to any reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.). (f) Eligible Provider Performance Reports.--Each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section. (4) Providing mediation services between private-pay employers and workers. 1315), and such services provided through coverage authorized under section 1937 of such Act (42 U.S.C. ``(2) Medical assistance described.--The medical assistance described in this paragraph is the following: ``(A) Home health care services authorized under paragraph (7) of subsection (a). (4) Wages earned by personal care aide or assistants in each State. and any waiver of that plan. 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, or an amendment made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected.

1. Enforcement. Written agreements. Right to request and receive temporary changes to scheduled work hours due to personal events. Breaks for meals and rest. Occupational safety and health training grants. TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT Sec. Definitions. Notice of domestic worker rights. Sec. 2. and other laws. 3. (4) Domestic partner.-- (A) In general.--The term ``domestic partner'', with respect to an individual, means another individual with whom the individual is in a committed relationship. (13) Secretary.--The term ``Secretary'' means the Secretary of Labor. 8. (b) Penalties.--Section 16 of such Act (29 U.S.C. (E) The day of the week when the covered domestic worker will be paid. (4) Employment.--The term ``employment'' includes service as a domestic worker. The domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification. (B) Willful violation.--In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. (2) Health care services, including mental health services. (5) Unemployment insurance. (6) Disability benefits. (B) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. 401 et seq.). (f) Eligible Provider Performance Reports.--Each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section. (4) Providing mediation services between private-pay employers and workers. ``(2) Medical assistance described.--The medical assistance described in this paragraph is the following: ``(A) Home health care services authorized under paragraph (7) of subsection (a). (4) Wages earned by personal care aide or assistants in each State. and any waiver of that plan.

1. Findings. Overtime protections for live-in domestic employees. Enforcement. Written agreements. Earned sick days. Fair scheduling practices. Right to request and receive temporary changes to scheduled work hours due to personal events. Breaks for meals and rest. Occupational safety and health training grants. Workplace harassment survivor supports study. TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT Sec. TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS Sec. Definitions. Notice of domestic worker rights. Encouraging the use of fiscal intermediaries. Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid. Sec. 2. and other laws. 3. (4) Domestic partner.-- (A) In general.--The term ``domestic partner'', with respect to an individual, means another individual with whom the individual is in a committed relationship. 213(a)(15)). (8) Family child care provider.--The term ``family child care provider'' means 1 or more individuals who provide child care services, in a private residence other than the residence of the child receiving the services, for fewer than 24 hours per day for the child (unless the nature of the work of the parent of the child requires 24-hour care). (13) Secretary.--The term ``Secretary'' means the Secretary of Labor. 8. (b) Penalties.--Section 16 of such Act (29 U.S.C. 110. (E) The day of the week when the covered domestic worker will be paid. (I) Information about policies, procedures, and equipment related to safety and emergencies. (4) Employment.--The term ``employment'' includes service as a domestic worker. The domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification. (iv) Regulations.--The Secretary shall prescribe regulations that shall specify the manner in which a domestic worker who does not have health insurance shall provide a certification for purposes of this subparagraph. 112. (6) Sexual assault; stalking.--The terms ``sexual assault'' and ``stalking'' have the meanings given such terms in section 111(a). (B) Willful violation.--In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. (2) Health care services, including mental health services. (5) Unemployment insurance. (6) Disability benefits. 201. (3) Recommendations to congress.-- (A) In general.--For any recommendation made by the Board under paragraph (1) that the Secretary determines is not within the authority of the Secretary, the Secretary shall make a recommendation to Congress to take action on the recommendation. (B) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) LMRDA requirements.--The status of an organization as an eligible worker organization shall not, by itself, make the organization subject to any reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.). (f) Eligible Provider Performance Reports.--Each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section. (c) Initial Meeting.--The Task Force shall hold its first meeting by not later than 90 days after the date of enactment of this Act. (4) Providing mediation services between private-pay employers and workers. 1396d(a)). 1315), and such services provided through coverage authorized under section 1937 of such Act (42 U.S.C. ``(2) Medical assistance described.--The medical assistance described in this paragraph is the following: ``(A) Home health care services authorized under paragraph (7) of subsection (a). (4) Wages earned by personal care aide or assistants in each State. and any waiver of that plan. 501. 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, or an amendment made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected.

1. Findings. Overtime protections for live-in domestic employees. Enforcement. Written agreements. Earned sick days. Fair scheduling practices. Right to request and receive temporary changes to scheduled work hours due to personal events. Breaks for meals and rest. Unfair wage deductions for cash shortages, breakages, loss, or modes of communication. Access to health and safety. Occupational safety and health training grants. Workplace harassment survivor supports study. TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT Sec. TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS Sec. Definitions. Notice of domestic worker rights. National grant for community-based education, outreach, and enforcement of domestic worker rights. Encouraging the use of fiscal intermediaries. Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid. Sec. 2. and other laws. 3. (4) Domestic partner.-- (A) In general.--The term ``domestic partner'', with respect to an individual, means another individual with whom the individual is in a committed relationship. 213(a)(15)). (8) Family child care provider.--The term ``family child care provider'' means 1 or more individuals who provide child care services, in a private residence other than the residence of the child receiving the services, for fewer than 24 hours per day for the child (unless the nature of the work of the parent of the child requires 24-hour care). (13) Secretary.--The term ``Secretary'' means the Secretary of Labor. 8. (b) Penalties.--Section 16 of such Act (29 U.S.C. 110. (E) The day of the week when the covered domestic worker will be paid. (I) Information about policies, procedures, and equipment related to safety and emergencies. Such term also includes dating violence, as that term is defined in such section. (4) Employment.--The term ``employment'' includes service as a domestic worker. The domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification. (iv) Regulations.--The Secretary shall prescribe regulations that shall specify the manner in which a domestic worker who does not have health insurance shall provide a certification for purposes of this subparagraph. 112. (6) Sexual assault; stalking.--The terms ``sexual assault'' and ``stalking'' have the meanings given such terms in section 111(a). Such entity shall not be initially required to respond to such request in writing. (3) Shared living arrangement.--The requirements under this section shall not apply in the case of a shared living arrangement. (B) Willful violation.--In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. (2) Health care services, including mental health services. (5) Unemployment insurance. (6) Disability benefits. 201. (2) Public notice.--The call of the Chairperson under paragraph (1) shall include notice to the public of the meeting. (B) Decision.-- (i) In general.--Not later than 90 days after receiving a recommendation from the Board under paragraph (1), the Secretary shall issue a decision on-- (I) whether the Secretary will issue a rule under subparagraph (A) regarding such recommendation; and (II) if the Secretary issues such a rule, whether the Secretary will deviate from such recommendation through such rule. (3) Recommendations to congress.-- (A) In general.--For any recommendation made by the Board under paragraph (1) that the Secretary determines is not within the authority of the Secretary, the Secretary shall make a recommendation to Congress to take action on the recommendation. (B) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (ii) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) LMRDA requirements.--The status of an organization as an eligible worker organization shall not, by itself, make the organization subject to any reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.). (2) Less protective.--The rights established for domestic workers under this section shall not be diminished by any contract, collective bargaining agreement, or any benefit program or plan. (f) Eligible Provider Performance Reports.--Each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section. (c) Initial Meeting.--The Task Force shall hold its first meeting by not later than 90 days after the date of enactment of this Act. (4) Providing mediation services between private-pay employers and workers. 1396d(a)). 1315), and such services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396n(g)). (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. ``(2) Medical assistance described.--The medical assistance described in this paragraph is the following: ``(A) Home health care services authorized under paragraph (7) of subsection (a). (4) Wages earned by personal care aide or assistants in each State. and any waiver of that plan. 501. 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, or an amendment made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected.

H.R.1246

Commerce

Paycheck Protection Clarification for Producers Act This bill expands eligibility for agricultural producers under the Paycheck Protection Program, established to support small businesses in response to COVID-19 (i.e., coronavirus disease 2019), to include certain agricultural producers such as partnerships or limited liability companies. Currently, only certain agricultural producers that are sole proprietorships, independent contractors, or self-employed individuals may receive support under the program.

To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection 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 ``Paycheck Protection Clarification for Producers Act''. SEC. 2. PAYCHECK PROTECTION PROGRAM LOAN CALCULATION FOR FARMERS OR RANCHERS. (a) In General.--Section 7(a)(36)(V)(i) of the Small Business Act (as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116-260)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (b) Effective Date; Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan. (2) Exclusion of loans already forgiven.--The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES. <all>

Paycheck Protection Clarification for Producers Act

To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection program.

Paycheck Protection Clarification for Producers Act

Rep. Kind, Ron

D

WI

This bill expands eligibility for agricultural producers under the Paycheck Protection Program, established to support small businesses in response to COVID-19 (i.e., coronavirus disease 2019), to include certain agricultural producers such as partnerships or limited liability companies. Currently, only certain agricultural producers that are sole proprietorships, independent contractors, or self-employed individuals may receive support under the program.

To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection 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 ``Paycheck Protection Clarification for Producers Act''. SEC. 2. PAYCHECK PROTECTION PROGRAM LOAN CALCULATION FOR FARMERS OR RANCHERS. (a) In General.--Section 7(a)(36)(V)(i) of the Small Business Act (as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116-260)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (b) Effective Date; Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan. (2) Exclusion of loans already forgiven.--The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES. <all>

To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection 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 ``Paycheck Protection Clarification for Producers Act''. SEC. 2. PAYCHECK PROTECTION PROGRAM LOAN CALCULATION FOR FARMERS OR RANCHERS. (a) In General.--Section 7(a)(36)(V)(i) of the Small Business Act (as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116-260)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (b) Effective Date; Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan. (2) Exclusion of loans already forgiven.--The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES. <all>

To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection 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 ``Paycheck Protection Clarification for Producers Act''. SEC. 2. PAYCHECK PROTECTION PROGRAM LOAN CALCULATION FOR FARMERS OR RANCHERS. (a) In General.--Section 7(a)(36)(V)(i) of the Small Business Act (as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116-260)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (b) Effective Date; Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan. (2) Exclusion of loans already forgiven.--The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES. <all>

To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection 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 ``Paycheck Protection Clarification for Producers Act''. SEC. 2. PAYCHECK PROTECTION PROGRAM LOAN CALCULATION FOR FARMERS OR RANCHERS. (a) In General.--Section 7(a)(36)(V)(i) of the Small Business Act (as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116-260)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (b) Effective Date; Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan. (2) Exclusion of loans already forgiven.--The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES. <all>

H.R.3983

Immigration

Responsible Practical Training Act of 2021 This bill imposes limits on the Optional Practical Training program and addresses related issues. (The program provides an F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both. Currently, an eligible alien may receive up to 12 months of employment authorization under the program, with a 24-month extension available to certain individuals with degrees in certain fields related to science, technology, engineering, or math.) Specifically, the bill requires the Department of Homeland Security to issue regulations to (1) limit the program to six months and eliminate any extensions; and (2) exclude from the program any alien with a degree or working in a sensitive field, such as military-related fields. The Department of Labor must conduct a wage analysis of the Optional Practical Training program and Curricular Practical Training program. The analysis must include a determination as to whether the aliens in the programs received wages appropriate for the type and location of employment.

To direct the Secretary of Homeland Security to issue regulations with respect to the optional practical training 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 ``Responsible Practical Training Act of 2021''. SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of the enactment of this Act and notwithstanding any other provision of law, the Secretary of Homeland Security shall issue such regulations as may be necessary to update part 214.2(f)(10-12) of title 8, Code of Federal Regulations, with respect to the optional practical training program (or a successor program) to-- (1) limit such training program to six months and end any extension of such training program; and (2) exclude aliens with a degree or working in military related or other sensitive fields from such training program. (b) Wage Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Labor shall conduct a wage analysis on the optional practical training program and curricular practical training (or successor programs), including-- (A) information on the duties, hours, and compensation of an alien working under such programs; and (B) a determination on the extent to which employment under such programs has or has not resulted in the payment of commensurate wages to the alien, appropriate for the type and location of such employment. (2) Publication.--Not later than one year after the first wage study under paragraph (1) is conducted, and annually thereafter, the Secretary of Labor shall publish the findings of the wage study on the internet website of the Department of Labor. (c) Applicability.--Any regulation issued under subsection (a) shall not apply to an alien employed by a legitimate employer under the optional practical training program that has been recorded in the Student and Exchange Visitor Information System on the date on which such regulations are issued under the optional practical training program or an extension of such training program on the date on which such regulations are issued. (d) Definitions.--In this section: (1) Military related or other sensitive fields.--the term ``military related or other sensitive fields'' includes nuclear engineering, underseas warfare, cyber warfare, combat systems engineering, military applied sciences, military information systems technology, strategic intelligence, general intelligence, signal and geospatial intelligence, command and control systems and operations, information operations or joint information operations, information or psychological warfare and military media relations, cyber or electronic operations and warfare, intelligence, command control and information operations, missile and space systems technology, munitions systems or ordinance technology, radar communications and systems technology, military systems and maintenance technology, low-observables and stealth technology, nanotechnology or any other field determined by the Under Secretary of Homeland Security for Intelligence and Analysis to be a military related or otherwise sensitive field. (2) Student and exchange visitor information system.--The term ``Student and Exchange Visitor Information System'' means the system described in part 214.2 of title 8, Code of Federal Regulations, and used by the Student and Exchange Visitor Program (SEVP) to track and monitor schools, exchange visitor programs, and F, M and J nonimmigrants while they visit the United States and participate in the United States education system. <all>

Responsible Practical Training Act of 2021

To direct the Secretary of Homeland Security to issue regulations with respect to the optional practical training program, and for other purposes.

Responsible Practical Training Act of 2021

Rep. Cawthorn, Madison

R

NC

This bill imposes limits on the Optional Practical Training program and addresses related issues. (The program provides an F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both. Currently, an eligible alien may receive up to 12 months of employment authorization under the program, with a 24-month extension available to certain individuals with degrees in certain fields related to science, technology, engineering, or math.) Specifically, the bill requires the Department of Homeland Security to issue regulations to (1) limit the program to six months and eliminate any extensions; and (2) exclude from the program any alien with a degree or working in a sensitive field, such as military-related fields. The Department of Labor must conduct a wage analysis of the Optional Practical Training program and Curricular Practical Training program. The analysis must include a determination as to whether the aliens in the programs received wages appropriate for the type and location of employment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Practical Training Act of 2021''. SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of the enactment of this Act and notwithstanding any other provision of law, the Secretary of Homeland Security shall issue such regulations as may be necessary to update part 214.2(f)(10-12) of title 8, Code of Federal Regulations, with respect to the optional practical training program (or a successor program) to-- (1) limit such training program to six months and end any extension of such training program; and (2) exclude aliens with a degree or working in military related or other sensitive fields from such training program. (b) Wage Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Labor shall conduct a wage analysis on the optional practical training program and curricular practical training (or successor programs), including-- (A) information on the duties, hours, and compensation of an alien working under such programs; and (B) a determination on the extent to which employment under such programs has or has not resulted in the payment of commensurate wages to the alien, appropriate for the type and location of such employment. (2) Publication.--Not later than one year after the first wage study under paragraph (1) is conducted, and annually thereafter, the Secretary of Labor shall publish the findings of the wage study on the internet website of the Department of Labor. (c) Applicability.--Any regulation issued under subsection (a) shall not apply to an alien employed by a legitimate employer under the optional practical training program that has been recorded in the Student and Exchange Visitor Information System on the date on which such regulations are issued under the optional practical training program or an extension of such training program on the date on which such regulations are issued. (d) Definitions.--In this section: (1) Military related or other sensitive fields.--the term ``military related or other sensitive fields'' includes nuclear engineering, underseas warfare, cyber warfare, combat systems engineering, military applied sciences, military information systems technology, strategic intelligence, general intelligence, signal and geospatial intelligence, command and control systems and operations, information operations or joint information operations, information or psychological warfare and military media relations, cyber or electronic operations and warfare, intelligence, command control and information operations, missile and space systems technology, munitions systems or ordinance technology, radar communications and systems technology, military systems and maintenance technology, low-observables and stealth technology, nanotechnology or any other field determined by the Under Secretary of Homeland Security for Intelligence and Analysis to be a military related or otherwise sensitive field.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Practical Training Act of 2021''. SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM. (2) Publication.--Not later than one year after the first wage study under paragraph (1) is conducted, and annually thereafter, the Secretary of Labor shall publish the findings of the wage study on the internet website of the Department of Labor. (c) Applicability.--Any regulation issued under subsection (a) shall not apply to an alien employed by a legitimate employer under the optional practical training program that has been recorded in the Student and Exchange Visitor Information System on the date on which such regulations are issued under the optional practical training program or an extension of such training program on the date on which such regulations are issued. (d) Definitions.--In this section: (1) Military related or other sensitive fields.--the term ``military related or other sensitive fields'' includes nuclear engineering, underseas warfare, cyber warfare, combat systems engineering, military applied sciences, military information systems technology, strategic intelligence, general intelligence, signal and geospatial intelligence, command and control systems and operations, information operations or joint information operations, information or psychological warfare and military media relations, cyber or electronic operations and warfare, intelligence, command control and information operations, missile and space systems technology, munitions systems or ordinance technology, radar communications and systems technology, military systems and maintenance technology, low-observables and stealth technology, nanotechnology or any other field determined by the Under Secretary of Homeland Security for Intelligence and Analysis to be a military related or otherwise sensitive field.

To direct the Secretary of Homeland Security to issue regulations with respect to the optional practical training 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 ``Responsible Practical Training Act of 2021''. SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of the enactment of this Act and notwithstanding any other provision of law, the Secretary of Homeland Security shall issue such regulations as may be necessary to update part 214.2(f)(10-12) of title 8, Code of Federal Regulations, with respect to the optional practical training program (or a successor program) to-- (1) limit such training program to six months and end any extension of such training program; and (2) exclude aliens with a degree or working in military related or other sensitive fields from such training program. (b) Wage Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Labor shall conduct a wage analysis on the optional practical training program and curricular practical training (or successor programs), including-- (A) information on the duties, hours, and compensation of an alien working under such programs; and (B) a determination on the extent to which employment under such programs has or has not resulted in the payment of commensurate wages to the alien, appropriate for the type and location of such employment. (2) Publication.--Not later than one year after the first wage study under paragraph (1) is conducted, and annually thereafter, the Secretary of Labor shall publish the findings of the wage study on the internet website of the Department of Labor. (c) Applicability.--Any regulation issued under subsection (a) shall not apply to an alien employed by a legitimate employer under the optional practical training program that has been recorded in the Student and Exchange Visitor Information System on the date on which such regulations are issued under the optional practical training program or an extension of such training program on the date on which such regulations are issued. (d) Definitions.--In this section: (1) Military related or other sensitive fields.--the term ``military related or other sensitive fields'' includes nuclear engineering, underseas warfare, cyber warfare, combat systems engineering, military applied sciences, military information systems technology, strategic intelligence, general intelligence, signal and geospatial intelligence, command and control systems and operations, information operations or joint information operations, information or psychological warfare and military media relations, cyber or electronic operations and warfare, intelligence, command control and information operations, missile and space systems technology, munitions systems or ordinance technology, radar communications and systems technology, military systems and maintenance technology, low-observables and stealth technology, nanotechnology or any other field determined by the Under Secretary of Homeland Security for Intelligence and Analysis to be a military related or otherwise sensitive field. (2) Student and exchange visitor information system.--The term ``Student and Exchange Visitor Information System'' means the system described in part 214.2 of title 8, Code of Federal Regulations, and used by the Student and Exchange Visitor Program (SEVP) to track and monitor schools, exchange visitor programs, and F, M and J nonimmigrants while they visit the United States and participate in the United States education system. <all>

To direct the Secretary of Homeland Security to issue regulations with respect to the optional practical training 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 ``Responsible Practical Training Act of 2021''. SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of the enactment of this Act and notwithstanding any other provision of law, the Secretary of Homeland Security shall issue such regulations as may be necessary to update part 214.2(f)(10-12) of title 8, Code of Federal Regulations, with respect to the optional practical training program (or a successor program) to-- (1) limit such training program to six months and end any extension of such training program; and (2) exclude aliens with a degree or working in military related or other sensitive fields from such training program. (b) Wage Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Labor shall conduct a wage analysis on the optional practical training program and curricular practical training (or successor programs), including-- (A) information on the duties, hours, and compensation of an alien working under such programs; and (B) a determination on the extent to which employment under such programs has or has not resulted in the payment of commensurate wages to the alien, appropriate for the type and location of such employment. (2) Publication.--Not later than one year after the first wage study under paragraph (1) is conducted, and annually thereafter, the Secretary of Labor shall publish the findings of the wage study on the internet website of the Department of Labor. (c) Applicability.--Any regulation issued under subsection (a) shall not apply to an alien employed by a legitimate employer under the optional practical training program that has been recorded in the Student and Exchange Visitor Information System on the date on which such regulations are issued under the optional practical training program or an extension of such training program on the date on which such regulations are issued. (d) Definitions.--In this section: (1) Military related or other sensitive fields.--the term ``military related or other sensitive fields'' includes nuclear engineering, underseas warfare, cyber warfare, combat systems engineering, military applied sciences, military information systems technology, strategic intelligence, general intelligence, signal and geospatial intelligence, command and control systems and operations, information operations or joint information operations, information or psychological warfare and military media relations, cyber or electronic operations and warfare, intelligence, command control and information operations, missile and space systems technology, munitions systems or ordinance technology, radar communications and systems technology, military systems and maintenance technology, low-observables and stealth technology, nanotechnology or any other field determined by the Under Secretary of Homeland Security for Intelligence and Analysis to be a military related or otherwise sensitive field. (2) Student and exchange visitor information system.--The term ``Student and Exchange Visitor Information System'' means the system described in part 214.2 of title 8, Code of Federal Regulations, and used by the Student and Exchange Visitor Program (SEVP) to track and monitor schools, exchange visitor programs, and F, M and J nonimmigrants while they visit the United States and participate in the United States education system. <all>

H.R.397

Emergency Management

CBRN Intelligence and Information Sharing Act of 2021 This bill expands the functions of the Office of Intelligence and Analysis of the Department of Homeland Security related to homeland-security focused intelligence and information sharing. The office shall

To amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``CBRN Intelligence and Information Sharing Act of 2021''. SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after section 210G the following new section: ``SEC. 210H. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(a) In General.--The Office of Intelligence and Analysis of the Department of Homeland Security shall-- ``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, or nuclear materials against the United States, including critical infrastructure; ``(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; ``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2), including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; ``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance early detection, prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; ``(5) share information and provide tailored analytical support on such threats to State, local, Tribal, and territorial authorities, and other Federal agencies, as well as relevant national biosecurity and biodefense stakeholders, as appropriate; and ``(6) perform other responsibilities, as assigned by the Secretary. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. ``(c) Definitions.--In this section: ``(1) Intelligence community.--The term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ``(2) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, Tribal, and territorial authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 201E the following new item: ``Sec. 210H. Chemical, biological, radiological, and nuclear intelligence and information sharing.''. (c) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following four years, the Secretary of Homeland Security shall report to the appropriate congressional committees on the following: (A) The intelligence and information sharing activities under section 210H of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and of all relevant entities within the Department of Homeland Security to counter the threat from attacks using chemical, biological, radiological, or nuclear materials. (B) The Department's activities in accordance with relevant intelligence strategies. (2) Assessment of implementation.--The reports required under paragraph (1) shall include the following: (A) An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210F. (B) A description of the methods established to carry out such assessment. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies of State'' and all that follows through the period at the end and inserting ``to State, local, tribal, territorial, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

CBRN Intelligence and Information Sharing Act of 2021

To amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes.

CBRN Intelligence and Information Sharing Act of 2021 CBRN Intelligence and Information Sharing Act of 2021 CBRN Intelligence and Information Sharing Act of 2021

Rep. Gimenez, Carlos A.

R

FL

This bill expands the functions of the Office of Intelligence and Analysis of the Department of Homeland Security related to homeland-security focused intelligence and information sharing. The office shall

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 121 et seq.) is amended by inserting after section 210G the following new section: ``SEC. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. 3003(4)). ``(2) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, Tribal, and territorial authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. 210H. (B) A description of the methods established to carry out such assessment. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 121 et seq.) is amended by inserting after section 210G the following new section: ``SEC. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. 3003(4)). ``(2) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, Tribal, and territorial authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. 210H. (B) A description of the methods established to carry out such assessment. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 121 et seq.) is amended by inserting after section 210G the following new section: ``SEC. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(a) In General.--The Office of Intelligence and Analysis of the Department of Homeland Security shall-- ``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, or nuclear materials against the United States, including critical infrastructure; ``(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; ``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2), including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; ``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance early detection, prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; ``(5) share information and provide tailored analytical support on such threats to State, local, Tribal, and territorial authorities, and other Federal agencies, as well as relevant national biosecurity and biodefense stakeholders, as appropriate; and ``(6) perform other responsibilities, as assigned by the Secretary. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. 3003(4)). ``(2) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, Tribal, and territorial authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 201E the following new item: ``Sec. 210H. (B) The Department's activities in accordance with relevant intelligence strategies. (2) Assessment of implementation.--The reports required under paragraph (1) shall include the following: (A) An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210F. (B) A description of the methods established to carry out such assessment. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies of State'' and all that follows through the period at the end and inserting ``to State, local, tribal, territorial, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``CBRN Intelligence and Information Sharing Act of 2021''. SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after section 210G the following new section: ``SEC. 210H. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(a) In General.--The Office of Intelligence and Analysis of the Department of Homeland Security shall-- ``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, or nuclear materials against the United States, including critical infrastructure; ``(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; ``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2), including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; ``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance early detection, prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; ``(5) share information and provide tailored analytical support on such threats to State, local, Tribal, and territorial authorities, and other Federal agencies, as well as relevant national biosecurity and biodefense stakeholders, as appropriate; and ``(6) perform other responsibilities, as assigned by the Secretary. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office and the National Biosurveillance Integration Center, agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, Tribal, and territorial authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. ``(c) Definitions.--In this section: ``(1) Intelligence community.--The term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ``(2) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, Tribal, and territorial authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 201E the following new item: ``Sec. 210H. Chemical, biological, radiological, and nuclear intelligence and information sharing.''. (c) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following four years, the Secretary of Homeland Security shall report to the appropriate congressional committees on the following: (A) The intelligence and information sharing activities under section 210H of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and of all relevant entities within the Department of Homeland Security to counter the threat from attacks using chemical, biological, radiological, or nuclear materials. (B) The Department's activities in accordance with relevant intelligence strategies. (2) Assessment of implementation.--The reports required under paragraph (1) shall include the following: (A) An assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210F. (B) A description of the methods established to carry out such assessment. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Paragraph (6) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies of State'' and all that follows through the period at the end and inserting ``to State, local, tribal, territorial, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

H.R.2909

Taxation

This bill allows taxpayers an election to make a qualified charitable distribution to a split-interest entity (i.e., a charitable remainder annuity trust, charitable remainder unitrust, or charitable gift annuity funded exclusively by qualified charitable distributions). The aggregate amount of distributions may not exceed $50,000, adjusted for inflation for taxable years beginning after 2022.

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION. (a) One-Time Election for Qualified Charitable Distribution to Split-Interest Entity.--Section 408(d)(8) of such Code is amended by adding at the end the following new subparagraph: ``(F) One-time election for qualified charitable distribution to split-interest entity.-- ``(i) In general.--A taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph (B)(i) any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if-- ``(I) an election is not in effect under this subparagraph for a preceding taxable year, ``(II) the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph does not exceed $50,000, and ``(III) such distribution meets the requirements of clauses (iii) and (iv). ``(ii) Split-interest entity.--For purposes of this subparagraph, the term `split-interest entity' means-- ``(I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions, ``(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or ``(III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding. ``(iii) Contributions must be otherwise deductible.--A distribution meets the requirement of this clause only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(iv) Limitation on income interests.--A distribution meets the requirements of this clause only if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(v) Special rules.-- ``(I) Charitable remainder trusts.--Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid. ``(II) Charitable gift annuities.-- Qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c).''. (b) Inflation Adjustment.--Section 408(d)(8) of such Code, as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(G) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2022, each of the dollar amounts in subparagraphs (A) and (F) 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 `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000.''. (c) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.

Rep. Beyer, Donald S., Jr.

D

VA

This bill allows taxpayers an election to make a qualified charitable distribution to a split-interest entity (i.e., a charitable remainder annuity trust, charitable remainder unitrust, or charitable gift annuity funded exclusively by qualified charitable distributions). The aggregate amount of distributions may not exceed $50,000, adjusted for inflation for taxable years beginning after 2022.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION. ``(ii) Split-interest entity.--For purposes of this subparagraph, the term `split-interest entity' means-- ``(I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions, ``(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or ``(III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding. ``(iv) Limitation on income interests.--A distribution meets the requirements of this clause only if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(v) Special rules.-- ``(I) Charitable remainder trusts.--Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid. (b) Inflation Adjustment.--Section 408(d)(8) of such Code, as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(G) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2022, each of the dollar amounts in subparagraphs (A) and (F) 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 `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION. ``(ii) Split-interest entity.--For purposes of this subparagraph, the term `split-interest entity' means-- ``(I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions, ``(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or ``(III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding. ``(iv) Limitation on income interests.--A distribution meets the requirements of this clause only if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(v) Special rules.-- ``(I) Charitable remainder trusts.--Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid. (b) Inflation Adjustment.--Section 408(d)(8) of such Code, as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(G) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2022, each of the dollar amounts in subparagraphs (A) and (F) 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 `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof.

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION. (a) One-Time Election for Qualified Charitable Distribution to Split-Interest Entity.--Section 408(d)(8) of such Code is amended by adding at the end the following new subparagraph: ``(F) One-time election for qualified charitable distribution to split-interest entity.-- ``(i) In general.--A taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph (B)(i) any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if-- ``(I) an election is not in effect under this subparagraph for a preceding taxable year, ``(II) the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph does not exceed $50,000, and ``(III) such distribution meets the requirements of clauses (iii) and (iv). ``(ii) Split-interest entity.--For purposes of this subparagraph, the term `split-interest entity' means-- ``(I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions, ``(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or ``(III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding. ``(iii) Contributions must be otherwise deductible.--A distribution meets the requirement of this clause only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(iv) Limitation on income interests.--A distribution meets the requirements of this clause only if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(v) Special rules.-- ``(I) Charitable remainder trusts.--Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid. ``(II) Charitable gift annuities.-- Qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c).''. (b) Inflation Adjustment.--Section 408(d)(8) of such Code, as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(G) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2022, each of the dollar amounts in subparagraphs (A) and (F) 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 `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000.''. (c) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE DISTRIBUTION LIMITATION. (a) One-Time Election for Qualified Charitable Distribution to Split-Interest Entity.--Section 408(d)(8) of such Code is amended by adding at the end the following new subparagraph: ``(F) One-time election for qualified charitable distribution to split-interest entity.-- ``(i) In general.--A taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph (B)(i) any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if-- ``(I) an election is not in effect under this subparagraph for a preceding taxable year, ``(II) the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph does not exceed $50,000, and ``(III) such distribution meets the requirements of clauses (iii) and (iv). ``(ii) Split-interest entity.--For purposes of this subparagraph, the term `split-interest entity' means-- ``(I) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified charitable distributions, ``(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified charitable distributions, or ``(III) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of 5 percent or greater not later than 1 year from the date of funding. ``(iii) Contributions must be otherwise deductible.--A distribution meets the requirement of this clause only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(iv) Limitation on income interests.--A distribution meets the requirements of this clause only if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(v) Special rules.-- ``(I) Charitable remainder trusts.--Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A) is paid. ``(II) Charitable gift annuities.-- Qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c).''. (b) Inflation Adjustment.--Section 408(d)(8) of such Code, as amended by subsection (a), is amended by adding at the end the following new subparagraph: ``(G) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2022, each of the dollar amounts in subparagraphs (A) and (F) 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 `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any dollar amount increased under clause (i) is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000.''. (c) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act. <all>

H.R.8804

Armed Forces and National Security

Air Force Rated Officer Retention Program Act This bill requires the Department of Defense to establish and carry out a demonstration program within the Department of the Air Force to assess and improve retention on active duty in the Air Force of rated officers, excluding those officers with a reserve appointment in the Air National Guard or Air Force Reserve whose continued service on active duty would be in the best interest of the Department of the Air Force and who have not more than three years and not less than one year remaining on a specified active duty service obligation.

To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force. Be it enacted by the Senate 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 Force Rated Officer Retention Program Act''. SEC. 2. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM. (a) Program Requirement.--The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). (b) Rated Officers Described.--Rated officers described in this subsection are rated officers serving on active duty in the Air Force, excluding rated officers with a reserve appointment in the Air National Guard or Air Force Reserve-- (1) whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and (2) who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10, United States Code. (c) Written Agreement.-- (1) In general.--Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception.--If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d) Retention Incentives.-- (1) Guarantee of future assignment location.--Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2) Aviation bonus.--Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives.--The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (4) Variations; limitations.--The Secretary may vary or limit the total number of available contracts and the combination of incentives within such contracts to target certain Air Force specialty codes, ensure required assignments locations are filled, and readiness is not negatively affected. The Secretary shall determine the criteria for such variations or limitations and include such criteria in the annual briefing under subsection (e). (e) Annual Briefing.--Not later than December 31, 2023, and annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in the Air Force of rated officers described in subsection (b). (f) Definitions.--In this section: (1) Rated officer.--The term ``rated officer'' means an officer specified in section 9253 of title 10, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of the Air Force. (g) Termination.--This section shall terminate on December 31, 2028. <all>

Air Force Rated Officer Retention Program Act

To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force.

Air Force Rated Officer Retention Program Act

Rep. Bacon, Don

R

NE

This bill requires the Department of Defense to establish and carry out a demonstration program within the Department of the Air Force to assess and improve retention on active duty in the Air Force of rated officers, excluding those officers with a reserve appointment in the Air National Guard or Air Force Reserve whose continued service on active duty would be in the best interest of the Department of the Air Force and who have not more than three years and not less than one year remaining on a specified active duty service obligation.

To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force. Be it enacted by the Senate 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 Force Rated Officer Retention Program Act''. SEC. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM. (c) Written Agreement.-- (1) In general.--Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception.--If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d) Retention Incentives.-- (1) Guarantee of future assignment location.--Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2) Aviation bonus.--Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives.--The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (4) Variations; limitations.--The Secretary may vary or limit the total number of available contracts and the combination of incentives within such contracts to target certain Air Force specialty codes, ensure required assignments locations are filled, and readiness is not negatively affected. The Secretary shall determine the criteria for such variations or limitations and include such criteria in the annual briefing under subsection (e). (2) Secretary.--The term ``Secretary'' means the Secretary of the Air Force. (g) Termination.--This section shall terminate on December 31, 2028.

To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force. Be it enacted by the Senate 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 Force Rated Officer Retention Program Act''. SEC. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM. (c) Written Agreement.-- (1) In general.--Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception.--If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (2) Aviation bonus.--Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives.--The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (4) Variations; limitations.--The Secretary may vary or limit the total number of available contracts and the combination of incentives within such contracts to target certain Air Force specialty codes, ensure required assignments locations are filled, and readiness is not negatively affected. The Secretary shall determine the criteria for such variations or limitations and include such criteria in the annual briefing under subsection (e). (2) Secretary.--The term ``Secretary'' means the Secretary of the Air Force. (g) Termination.--This section shall terminate on December 31, 2028.

To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force. Be it enacted by the Senate 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 Force Rated Officer Retention Program Act''. SEC. 2. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM. (a) Program Requirement.--The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). (b) Rated Officers Described.--Rated officers described in this subsection are rated officers serving on active duty in the Air Force, excluding rated officers with a reserve appointment in the Air National Guard or Air Force Reserve-- (1) whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and (2) who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10, United States Code. (c) Written Agreement.-- (1) In general.--Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception.--If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d) Retention Incentives.-- (1) Guarantee of future assignment location.--Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2) Aviation bonus.--Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives.--The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (4) Variations; limitations.--The Secretary may vary or limit the total number of available contracts and the combination of incentives within such contracts to target certain Air Force specialty codes, ensure required assignments locations are filled, and readiness is not negatively affected. The Secretary shall determine the criteria for such variations or limitations and include such criteria in the annual briefing under subsection (e). (e) Annual Briefing.--Not later than December 31, 2023, and annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in the Air Force of rated officers described in subsection (b). (f) Definitions.--In this section: (1) Rated officer.--The term ``rated officer'' means an officer specified in section 9253 of title 10, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of the Air Force. (g) Termination.--This section shall terminate on December 31, 2028. <all>

To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force. Be it enacted by the Senate 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 Force Rated Officer Retention Program Act''. SEC. 2. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM. (a) Program Requirement.--The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). (b) Rated Officers Described.--Rated officers described in this subsection are rated officers serving on active duty in the Air Force, excluding rated officers with a reserve appointment in the Air National Guard or Air Force Reserve-- (1) whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and (2) who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10, United States Code. (c) Written Agreement.-- (1) In general.--Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception.--If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d) Retention Incentives.-- (1) Guarantee of future assignment location.--Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2) Aviation bonus.--Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives.--The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (4) Variations; limitations.--The Secretary may vary or limit the total number of available contracts and the combination of incentives within such contracts to target certain Air Force specialty codes, ensure required assignments locations are filled, and readiness is not negatively affected. The Secretary shall determine the criteria for such variations or limitations and include such criteria in the annual briefing under subsection (e). (e) Annual Briefing.--Not later than December 31, 2023, and annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in the Air Force of rated officers described in subsection (b). (f) Definitions.--In this section: (1) Rated officer.--The term ``rated officer'' means an officer specified in section 9253 of title 10, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of the Air Force. (g) Termination.--This section shall terminate on December 31, 2028. <all>

H.R.4987

Armed Forces and National Security

Global Force Management Oversight Act This bill requires the Department of Defense to annually report on the Global Force Management Allocation Plan and brief Congress on the contents of the reports.

To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation 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 ``Global Force Management Oversight Act''. SEC. 2. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN. (a) Report.-- (1) In general.--Not later than April 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the Global Force Management Allocation Plan. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the Global Force Management Allocation Plan as originally approved by the Secretary for-- (i) the preceding calendar year; and (ii) the calendar year during which the report is submitted. (B) A detailed description of any differences between the actual allocations of forces or final laydown of forces at the end of the preceding calendar year and the allocations of forces and laydown of forces stipulated in the Global Force Management Allocation Plan for that calendar year. (C) A list of all requests for forces made by the geographic combatant commands in the preceding calendar year, including a description of each request and a justification for the approval, denial, or deferral of the request. (3) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (b) Briefing.--Not later than 30 days after the date on which each report under subsection (a) is submitted, the Secretary shall provide to the congressional defense committees a classified briefing on the contents of the report. <all>

Global Force Management Oversight Act

To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation Plan, and for other purposes.

Global Force Management Oversight Act

Rep. Wittman, Robert J.

R

VA

This bill requires the Department of Defense to annually report on the Global Force Management Allocation Plan and brief Congress on the contents of the reports.

To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation 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 ``Global Force Management Oversight Act''. SEC. 2. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN. (a) Report.-- (1) In general.--Not later than April 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the Global Force Management Allocation Plan. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the Global Force Management Allocation Plan as originally approved by the Secretary for-- (i) the preceding calendar year; and (ii) the calendar year during which the report is submitted. (B) A detailed description of any differences between the actual allocations of forces or final laydown of forces at the end of the preceding calendar year and the allocations of forces and laydown of forces stipulated in the Global Force Management Allocation Plan for that calendar year. (C) A list of all requests for forces made by the geographic combatant commands in the preceding calendar year, including a description of each request and a justification for the approval, denial, or deferral of the request. (3) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (b) Briefing.--Not later than 30 days after the date on which each report under subsection (a) is submitted, the Secretary shall provide to the congressional defense committees a classified briefing on the contents of the report. <all>

To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation 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 ``Global Force Management Oversight Act''. SEC. 2. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN. (a) Report.-- (1) In general.--Not later than April 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the Global Force Management Allocation Plan. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the Global Force Management Allocation Plan as originally approved by the Secretary for-- (i) the preceding calendar year; and (ii) the calendar year during which the report is submitted. (B) A detailed description of any differences between the actual allocations of forces or final laydown of forces at the end of the preceding calendar year and the allocations of forces and laydown of forces stipulated in the Global Force Management Allocation Plan for that calendar year. (C) A list of all requests for forces made by the geographic combatant commands in the preceding calendar year, including a description of each request and a justification for the approval, denial, or deferral of the request. (3) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (b) Briefing.--Not later than 30 days after the date on which each report under subsection (a) is submitted, the Secretary shall provide to the congressional defense committees a classified briefing on the contents of the report. <all>

To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation 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 ``Global Force Management Oversight Act''. SEC. 2. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN. (a) Report.-- (1) In general.--Not later than April 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the Global Force Management Allocation Plan. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the Global Force Management Allocation Plan as originally approved by the Secretary for-- (i) the preceding calendar year; and (ii) the calendar year during which the report is submitted. (B) A detailed description of any differences between the actual allocations of forces or final laydown of forces at the end of the preceding calendar year and the allocations of forces and laydown of forces stipulated in the Global Force Management Allocation Plan for that calendar year. (C) A list of all requests for forces made by the geographic combatant commands in the preceding calendar year, including a description of each request and a justification for the approval, denial, or deferral of the request. (3) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (b) Briefing.--Not later than 30 days after the date on which each report under subsection (a) is submitted, the Secretary shall provide to the congressional defense committees a classified briefing on the contents of the report. <all>

To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation 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 ``Global Force Management Oversight Act''. SEC. 2. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN. (a) Report.-- (1) In general.--Not later than April 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the Global Force Management Allocation Plan. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the Global Force Management Allocation Plan as originally approved by the Secretary for-- (i) the preceding calendar year; and (ii) the calendar year during which the report is submitted. (B) A detailed description of any differences between the actual allocations of forces or final laydown of forces at the end of the preceding calendar year and the allocations of forces and laydown of forces stipulated in the Global Force Management Allocation Plan for that calendar year. (C) A list of all requests for forces made by the geographic combatant commands in the preceding calendar year, including a description of each request and a justification for the approval, denial, or deferral of the request. (3) Form.--Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (b) Briefing.--Not later than 30 days after the date on which each report under subsection (a) is submitted, the Secretary shall provide to the congressional defense committees a classified briefing on the contents of the report. <all>

H.R.8608

Transportation and Public Works

Retirees to Rail Act This bill temporarily suspends certain provisions related to annuity eligibility requirements for retired railroad employees and their survivors. Specifically, the bill temporarily permits retired railroad employees and their survivors to render compensated services to an employer without a suspension or deduction of the retired railroad employee's retirement annuity.

To temporarily suspend non-payment provisions and deduction provisions for certain former railroad 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 ``Retirees to Rail Act''. SEC. 2. CONTINUED ANNUITY PAYMENT PROVISIONS. (a) Temporary Suspension of Non-Payment Provisions.--Subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply beginning on the first day of the month of the date of enactment of this Act and ending on the last day of the month 30 days after the date on which the reporting of employment information in Item 8 of Urgent Issues in Freight Rail Service-- Railroad Reporting, EP 770 (Sub-No. 1), at 7 (STB served May 6, 2022) expires. (b) Temporary Suspension of Deduction Provisions.--Subsection (f)(6) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply based on the compensation received by an individual or spouse from compensated service rendered to an employer pursuant to the temporary suspension of subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a), as provided in section 2(a) of this Act. <all>

Retirees to Rail Act

To temporarily suspend non-payment provisions and deduction provisions for certain former railroad employees, and for other purposes.

Retirees to Rail Act

Rep. Crawford, Eric A. "Rick"

R

AR

This bill temporarily suspends certain provisions related to annuity eligibility requirements for retired railroad employees and their survivors. Specifically, the bill temporarily permits retired railroad employees and their survivors to render compensated services to an employer without a suspension or deduction of the retired railroad employee's retirement annuity.

To temporarily suspend non-payment provisions and deduction provisions for certain former railroad 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 ``Retirees to Rail Act''. SEC. 2. CONTINUED ANNUITY PAYMENT PROVISIONS. (a) Temporary Suspension of Non-Payment Provisions.--Subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply beginning on the first day of the month of the date of enactment of this Act and ending on the last day of the month 30 days after the date on which the reporting of employment information in Item 8 of Urgent Issues in Freight Rail Service-- Railroad Reporting, EP 770 (Sub-No. 1), at 7 (STB served May 6, 2022) expires. (b) Temporary Suspension of Deduction Provisions.--Subsection (f)(6) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply based on the compensation received by an individual or spouse from compensated service rendered to an employer pursuant to the temporary suspension of subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a), as provided in section 2(a) of this Act. <all>

To temporarily suspend non-payment provisions and deduction provisions for certain former railroad 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 ``Retirees to Rail Act''. SEC. 2. CONTINUED ANNUITY PAYMENT PROVISIONS. (a) Temporary Suspension of Non-Payment Provisions.--Subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply beginning on the first day of the month of the date of enactment of this Act and ending on the last day of the month 30 days after the date on which the reporting of employment information in Item 8 of Urgent Issues in Freight Rail Service-- Railroad Reporting, EP 770 (Sub-No. 1), at 7 (STB served May 6, 2022) expires. (b) Temporary Suspension of Deduction Provisions.--Subsection (f)(6) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply based on the compensation received by an individual or spouse from compensated service rendered to an employer pursuant to the temporary suspension of subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a), as provided in section 2(a) of this Act. <all>

To temporarily suspend non-payment provisions and deduction provisions for certain former railroad 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 ``Retirees to Rail Act''. SEC. 2. CONTINUED ANNUITY PAYMENT PROVISIONS. (a) Temporary Suspension of Non-Payment Provisions.--Subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply beginning on the first day of the month of the date of enactment of this Act and ending on the last day of the month 30 days after the date on which the reporting of employment information in Item 8 of Urgent Issues in Freight Rail Service-- Railroad Reporting, EP 770 (Sub-No. 1), at 7 (STB served May 6, 2022) expires. (b) Temporary Suspension of Deduction Provisions.--Subsection (f)(6) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply based on the compensation received by an individual or spouse from compensated service rendered to an employer pursuant to the temporary suspension of subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a), as provided in section 2(a) of this Act. <all>

To temporarily suspend non-payment provisions and deduction provisions for certain former railroad 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 ``Retirees to Rail Act''. SEC. 2. CONTINUED ANNUITY PAYMENT PROVISIONS. (a) Temporary Suspension of Non-Payment Provisions.--Subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply beginning on the first day of the month of the date of enactment of this Act and ending on the last day of the month 30 days after the date on which the reporting of employment information in Item 8 of Urgent Issues in Freight Rail Service-- Railroad Reporting, EP 770 (Sub-No. 1), at 7 (STB served May 6, 2022) expires. (b) Temporary Suspension of Deduction Provisions.--Subsection (f)(6) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a) shall not apply based on the compensation received by an individual or spouse from compensated service rendered to an employer pursuant to the temporary suspension of subsections (e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a), as provided in section 2(a) of this Act. <all>

H.J.Res.20

Civil Rights and Liberties, Minority Issues

This joint resolution proposes a constitutional amendment to recognize and protect the right of any person to affordable housing, cost-effective health care, education, and nutrition.

117th CONGRESS 1st Session H. J. RES. 20 Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Adams (for herself, Ms. Schakowsky, and Ms. Omar) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``The right of any person to affordable housing, cost-effective health care, quality education, and adequate nutrition shall not be denied or abridged by the United States or any State, and the Congress shall have power to enforce and implement this article by appropriate legislation.''. <all>

Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition.

Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition.

Official Titles - House of Representatives Official Title as Introduced Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition.

Rep. Adams, Alma S.

D

NC

This joint resolution proposes a constitutional amendment to recognize and protect the right of any person to affordable housing, cost-effective health care, education, and nutrition.

117th CONGRESS 1st Session H. J. RES. 20 Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Adams (for herself, Ms. Schakowsky, and Ms. Omar) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``The right of any person to affordable housing, cost-effective health care, quality education, and adequate nutrition shall not be denied or abridged by the United States or any State, and the Congress shall have power to enforce and implement this article by appropriate legislation.''. <all>

117th CONGRESS 1st Session H. J. RES. 20 Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Adams (for herself, Ms. Schakowsky, and Ms. Omar) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``The right of any person to affordable housing, cost-effective health care, quality education, and adequate nutrition shall not be denied or abridged by the United States or any State, and the Congress shall have power to enforce and implement this article by appropriate legislation.''. <all>

117th CONGRESS 1st Session H. J. RES. 20 Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Adams (for herself, Ms. Schakowsky, and Ms. Omar) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``The right of any person to affordable housing, cost-effective health care, quality education, and adequate nutrition shall not be denied or abridged by the United States or any State, and the Congress shall have power to enforce and implement this article by appropriate legislation.''. <all>

117th CONGRESS 1st Session H. J. RES. 20 Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Adams (for herself, Ms. Schakowsky, and Ms. Omar) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``The right of any person to affordable housing, cost-effective health care, quality education, and adequate nutrition shall not be denied or abridged by the United States or any State, and the Congress shall have power to enforce and implement this article by appropriate legislation.''. <all>

H.R.4302

Public Lands and Natural Resources

Active Forest Management, Wildfire Prevention and Community Protection Act This bill establishes forest management, forest conservation, and wildfire prevention programs and activities. The bill establishes The bill also provides for, among other things

To address the bark beetle epidemic, to reduce catastrophic wildfires in the highest risk areas, to restore and improve the ecological integrity of forest, grassland, rangeland, and watershed ecosystems across the United States through public and private partnerships with Federal, State, local, and Tribal governments and private partners, and for other 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 ``Active Forest Management, Wildfire Prevention and Community Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NATIONAL PRESCRIBED BURN PROGRAM Sec. 101. Collaborative prescribed fire program. Sec. 102. Large cross-boundary prescribed fire incentive program. TITLE II--WESTERN BARK BEETLE PROGRAM Sec. 201. Western bark beetle epidemic fund. TITLE III--ACTIVE MANAGEMENT PROGRAMS Sec. 301. Use of hazardous fuels reduction or forest health projects for high-risk areas. Sec. 302. Restoration and resilience partnership program. Sec. 303. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way. Sec. 304. Selection and implementation of landscape-scale forest restoration projects. TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM Sec. 401. Establishment of forest reserve revenue areas and annual volume requirements. Sec. 402. Management of forest reserve revenue areas. Sec. 403. Distribution of forest reserve revenues. Sec. 404. Annual report. Sec. 405. Secretary defined. TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS Sec. 501. Wilderness and wilderness study areas. Sec. 502. Extension of stewardship contracting maximum term limits. Sec. 503. Clarification of existing categorical exclusion authority related to insect and disease infestation. TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES Sec. 601. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities. TITLE VII--FOREST MANAGEMENT LITIGATION Sec. 701. No attorney's fees for forest management activity challenges. Sec. 702. Injunctive relief (balance of harms). TITLE VIII--CATEGORICAL EXCLUSIONS Sec. 801. Categorical exclusion for electric utility lines rights-of- way. Sec. 802. Categorical exclusion for active forest management activities. Sec. 803. Categorical exclusion to expedite certain critical response actions. Sec. 804. Categorical exclusion to improve or restore national forest system lands or public land or reduce the risk of wildfire. Sec. 805. Categorical exclusion to expedite salvage operations in response to catastrophic events. Sec. 806. Categorical exclusion for forest restoration. Sec. 807. Categorical exclusion for infrastructure forest management activities. Sec. 808. Categorical exclusion for developed recreation sites. Sec. 809. Establishment of fuel breaks in forests and other wildland vegetation. TITLE IX--DEFINITIONS Sec. 901. Definitions. TITLE I--NATIONAL PRESCRIBED BURN PROGRAM SEC. 101. COLLABORATIVE PRESCRIBED FIRE PROGRAM. Subject to the availability of appropriations, the Secretary of the Interior shall establish within the Department of the Interior a collaborative prescribed fire program to provide financial assistance to eligible entities, including units of Federal land management agencies, counties, States, Indian Tribes, and prescribed fire councils, for the implementation of proposals for the conduct of prescribed fires in priority landscapes in accordance with applicable existing policies, including the National Cohesive Wildland Fire Management Strategy. SEC. 102. LARGE CROSS-BOUNDARY PRESCRIBED FIRE INCENTIVE PROGRAM. Subject to the availability of appropriations, the Secretary concerned shall establish an incentive program to encourage the implementation of large, cross-boundary prescribed fires by providing incentive payments for conducting a qualified prescribed fire. TITLE II--WESTERN BARK BEETLE PROGRAM SEC. 201. WESTERN BARK BEETLE EPIDEMIC FUND. (a) Establishment.--There is established in the Treasury a Western Bark Beetle Epidemic Fund (in this title referred to as the ``Fund''). (b) Use.--Amounts in the Fund shall be used by the Secretary concerned to remove or treat bark beetle-killed or infested trees in a western State specified by the Secretary. (c) Report.--Not later than 730 days after the date of the enactment of this Act and every two years thereafter, the Secretary of Agriculture and the Secretary of the Interior shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a report on-- (1) the effectiveness of the Fund; (2) the number of bark beetle trees removed; and (3) the number of acres by agency of current high-risk bark beetle areas. (d) Form of Report.--The information required by subsection (c) to be provided with respect to the Fund shall be presented on a single page for each western State. (e) Authorization of Appropriations.--In addition to amounts otherwise made available for the Fund, there is authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter, $126,346,415, adjusted for inflation as determined by the Congressional Budget Office. (f) Offset.--The amount appropriated from the Treasury for the Fund shall be offset by the revenues generated for the Treasury from covered forest reserve projects to help carry out landscape-scale-forest restoration projects authorized by this Act. TITLE III--ACTIVE MANAGEMENT PROGRAMS SEC. 301. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS FOR HIGH-RISK AREAS. (a) Project Proposals.-- (1) Proposals authorized.--Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed hazardous fuel reduction projects or forest health projects for the high-risk area. (2) Project criteria.--In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State and the Secretary concerned shall-- (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting at-risk communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Consultation.--In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. (c) Submission and Implementation.--The Governor of a State shall submit proposed emergency hazardous fuel reduction projects and forest health projects to the Secretary concerned for implementation. SEC. 302. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM. (a) Purposes.--The purposes of this section are-- (1) to restore and improve the ecological integrity of forest, grassland, and rangeland ecosystems across the United States in partnership with State, local, and Tribal governments; (2) to create or sustain outdoor jobs by reducing the backlog of restoration and resilience projects on Federal land and non-Federal land; (3) to improve the resilience and carrying capacity of rangelands in the United States by preventing or mitigating invasive species, such as cheatgrass, that contribute to rangeland fire; and (4) to reduce uncharacteristic wildfires in the highest risk areas of the United States by carrying out, in accordance with applicable law, restoration and resilience projects. (b) Establishment.--There is established a Restoration and Resilience Partnership Program, under which the Secretary of Agriculture shall carry out restoration and resilience projects in partnership areas designated under subsection (c)(1). (c) Designation of Partnership Areas.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall designate, for the purposes of carrying out restoration and resilience projects under subsection (d), any areas of Federal land and non-Federal land that the Secretary determines to be appropriate. (2) Submission of partnership areas by states and tribes.-- (A) In general.--The Governor of a State or an authorized representative of an Indian Tribe may submit to the Secretary, in writing, a request to designate certain Federal land or non-Federal land in the State or Indian Country, respectively, for restoration and resilience projects under subsection (d). (B) Inclusions.--A written request submitted under subparagraph (A) may include 1 or more maps or recommendations. (d) Requirements.--To be eligible for designation under subsection (c), an area shall-- (1) have a high or very high wildfire potential as determined by-- (A) the map of the Forest Service entitled ``Wildfire Hazard Potential Version 2020''; or (B) any other mapping resource or data source approved by the Secretary that depicts the risk of wildfires; (2) have high-priority wildlife habitat urgently in need of restoration, as determined by the Secretary, in consultation with eligible entities and the applicable Governor or representative of an Indian Tribe; or (3) in the case of Federal land, be in the wildland-urban interface. SEC. 303. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF WAY. (a) Hazard Trees Within 500 Feet of Electric Power Line.--Section 512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and inserting ``500''. (b) Consultation With Private Landowners.--Section 512(c)(3)(E) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(iii) consulting with private landowners with respect to any hazard trees identified for removal from land owned by such private landowners.''. (c) Review and Approval Process.--Clause (iv) of section 512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is amended to read as follows: ``(iv) ensures that-- ``(I) a plan submitted without a modification under clause (iii) shall be automatically approved 60 days after review; and ``(II) a plan submitted with a modification under clause (iii) shall be automatically approved 67 days after review.''. SEC. 304. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST RESTORATION PROJECTS. (a) In General.--The Secretary of Agriculture shall select, in accordance with this section, landscape-scale forest restoration projects-- (1) to implement on National Forest System land; and (2) if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non- Federal entities. (b) Landscape Assessment.--The project selected under to subsection (a) shall be based on a landscape assessment that shall cover a landscape of-- (1) not less than 100,000 acres, except as provided in subparagraph (B) and (C); (2) not less than 80,000 acres, if-- (A) the assessment is completed or substantially completed on the date of the enactment of this Act; and (B) the Secretary determines that assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; or (3) not less than 50,000 acres in the case of a project that is carried out east of the one-hundredth meridian. (c) Eligibility Requirements.--To be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements: (1) Restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape. (2) Restore appropriate natural fire regimes, including by reducing fuel loads and modifying forest structure in areas that have departed from reference conditions. (3) Conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface. TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM SEC. 401. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL VOLUME REQUIREMENTS. (a) Purpose.--The purpose of a Forest Reserve Revenue Area is to provide a dependable source of 25-percent payments and economic activity through sustainable forest management for each beneficiary county containing National Forest System land. (b) Establishment of Forest Reserve Revenue Areas.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish one or more Forest Reserve Revenue Areas within each unit of the National Forest System. (c) Fiduciary Responsibility.--The Secretary shall have a fiduciary responsibility to beneficiary counties to manage Forest Reserve Revenue Areas to satisfy the annual volume requirement. (d) Determination of Annual Volume Requirement.--Not later than 30 days after the date of the establishment of a Forest Reserve Revenue Area, the Secretary shall determine the annual volume requirement for that Forest Reserve Revenue Area. (e) Minimum.--The annual volume requirement for the Forest Revenue Area shall be not less than 6,000,000,000 Board Feet. (f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once a Forest Reserve Revenue Area is established under subsection (a), the Secretary may not reduce the number of acres of National Forest System land included in that Forest Reserve Revenue Area. (g) Map.--The Secretary shall provide a map of all Forest Reserve Revenue Areas established under subsection (a) for each unit of the National Forest System-- (1) to the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (2) to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (h) Recognition of Valid and Existing Rights.--Neither the establishment of Forest Reserve Revenue Areas under subsection (a) nor any other provision of this title shall be construed to limit or restrict-- (1) access to National Forest System land for hunting, fishing, recreation, and other related purposes; or (2) valid and existing rights regarding National Forest System land, including rights of any federally recognized Indian tribe. SEC. 402. MANAGEMENT OF FOREST RESERVE REVENUE AREAS. (a) Requirement To Achieve Annual Volume Requirement.--The Secretary shall manage the Forest Reserve Revenue Area established under section 401 in the manner necessary to achieve the annual volume requirement for the Forest Reserve Revenue Area. (b) Timing.--The Secretary is authorized and encouraged to commence covered forest reserve projects as soon as practicable after the date of the enactment of this Act to begin generating forest reserve revenues. (c) Application of NEPA.--Except as provided in subsection (d), the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall not apply to covered forest reserve projects under this section. (d) Environmental Analysis Process for Projects in Forest Reserve Revenue Areas.-- (1) Environmental assessment.--The Secretary shall give published notice and complete an environmental assessment pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve project proposed to be conducted within a Forest Reserve Revenue Area, except that the Secretary is not required to study, develop, or describe any alternative to the proposed agency action. (2) Cumulative effects.--The Secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered forest reserve project combined with the impacts of any other projects that were approved with a Decision Notice or Record of Decision before the date on which the Secretary published notice of the proposed covered project. The cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions. (3) Length.--The environmental assessment prepared for a proposed covered forest reserve project shall not exceed 100 pages in length. The Secretary may incorporate in the environmental assessment, by reference, any documents that the Secretary determines, in the sole discretion of the Secretary, are relevant to the assessment of the environmental effects of the covered project. (4) Deadline for completion.--The Secretary shall complete the environmental assessment for a covered forest reserve project within 180 days after the date on which the Secretary published notice of the proposed covered project. (5) Treatment of decision notice.--The decision notice for a covered forest reserve project shall be considered a final agency action and no additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be required to implement any portion of the covered project. (e) Application of Land and Resource Management Plan.--The Secretary may modify the standards and guidelines contained in the land and resource management plan for the unit of the National Forest System in which the covered forest reserve project will be carried out as necessary to achieve the requirements of this Act. Section 6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered forest reserve project. SEC. 403. DISTRIBUTION OF FOREST RESERVE REVENUES. (a) 25-Percent Payments.--The Secretary shall use forest reserve revenues generated by a covered forest reserve project to make 25 percent payments to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived. (b) Payments in Lieu of Taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code. (c) Secure Rural Schools.--A payment to a county under subsection (a) shall be in addition to a Secure Rural Schools and Community Self- Determination Act payment received by the county under section 102 of the Secure Rural Schools and Community Self-Determination Act (16 U.S.C. 7112). (d) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--In the case of funds remaining after the Secretary makes the payments required in subsection (a), the Secretary shall use forest reserve revenues to make deposits into the fund established under section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg Fund), and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the salvage sale fund) in contributions equal to the monies otherwise collected under those Acts for projects conducted on National Forest System land. (e) Authorization of Appropriations.--There are authorized to be appropriated 25 percent of all revenues generated for the Treasury from covered forest reserve projects to help carry out landscape-scale- forest restoration projects authorized by this title. (f) Deposit in General Fund of the Treasury.--In the case of funds remaining after the Secretary makes the payments required in subsections (a) and (b), the Secretary shall deposit remaining forest reserve revenues into the general fund of the Treasury. SEC. 404. ANNUAL REPORT. (a) Report Required.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit to Congress an annual report specifying the annual volume requirement in effect for that fiscal year for each Forest Reserve Revenue Area, the volume of board feet actually harvested for each Forest Reserve Revenue Area, the average cost of preparation for timber sales, the forest reserve revenues generated from such sales, and the amount of receipts distributed to each beneficiary county. (b) Form of Report.--The information required by subsection (a) to be provided with respect to a Forest Reserve Revenue Area shall be presented on a single page and made available on the website of the United States Forest Service. SEC. 405. SECRETARY DEFINED. In this title, the term ``Secretary'' means the Secretary of Agriculture. TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS SEC. 501. WILDERNESS AND WILDERNESS STUDY AREAS. The designation of a Wilderness Area or Wilderness Study Area shall not interfere with the authority of the Secretary concerned to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires, or conditions creating the risk of wildfire that threatens areas outside the boundary of the wilderness, or the use of mechanized equipment for wildfire pre-suppression and suppression. SEC. 502. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS. Section 604(d) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)) is amended by striking paragraph (3) and inserting the following new paragraph: ``(3) Term.--The Chief and the Director may enter into a contract in accordance with section 3903 of title 41, United States Code.''. SEC. 503. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY RELATED TO INSECT AND DISEASE INFESTATION. Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V''. TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES SEC. 601. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION) IN PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES. (a) Application to Certain Environmental Assessments and Environmental Impact Statements.--This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest management activity that-- (1) is developed through a collaborative process; (2) is proposed by a resource advisory committee; (3) will occur on lands identified by the Secretary concerned as suitable for timber production; and (4) will occur on lands designated by the Secretary (or a designee thereof) pursuant to section 602(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)), notwithstanding whether such forest management activity is covered by a community wildfire protection plan. (b) Consideration of Alternatives.--In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives: (1) The forest management activity. (2) The alternative of no action. (c) Elements of No Action Alternative.--In the case of the alternative of no action, the Secretary concerned shall consider whether to evaluate-- (1) the effect of no action on-- (A) forest health; (B) habitat diversity; (C) wildfire potential; (D) insect and disease potential; and (E) timber production; and (2) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on-- (A) domestic water supply in the project area; (B) snowpack levels in the project area; (C) wildlife habitat loss; and (D) other economic and social factors. TITLE VII--FOREST MANAGEMENT LITIGATION SEC. 701. NO ATTORNEY'S FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES. Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the Treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity or other authorization carried out pursuant to this Act. SEC. 702. INJUNCTIVE RELIEF (BALANCE OF HARMS). (a) Balancing Short- and Long-Term Effects of Forest Management Activities in Considering Injunctive Relief.--As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity or provision in this Act, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of-- (1) the short- and long-term effects of undertaking the agency action; against (2) the short- and long-term effects of not undertaking the action. (b) Time Limitations for Injunctive Relief.--Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity, shall not exceed 60 days. TITLE VIII--CATEGORICAL EXCLUSIONS SEC. 801. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF- WAY. (a) Categorical Exclusion.--Forest management activities described in subsection (b) are a category of activities designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.--The forest management activities designated as being categorically excluded under subsection (a) are-- (1) the development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the Secretary concerned; and (2) the implementation of routine activities conducted under the plan referred to in paragraph (1). (c) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Extraordinary Circumstances.--Use of the categorical exclusion established under subsection (a) shall not be subject to the extraordinary circumstances procedures in section 220.6, title 36, Code of Federal Regulations, or section 1508.4, title 40, Code of Federal Regulations. (e) Roads.-- (1) Existing roads.--The Secretary concerned may carry out necessary maintenance and repair on an existing permanent road for the purposes of conducting a forest management activity designated under subsection (b). (2) Temporary roads.--The Secretary concerned shall decommission any temporary road constructed for a forest management activity designated under subsection (b) not later than 3 years after the date on which the action is completed. (f) Applicable Laws.--A forest management activity designated under subsection (b) shall not be subject to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), section 106 of the National Historic Preservation Act, or any other applicable law. SEC. 802. CATEGORICAL EXCLUSION FOR ACTIVE FOREST MANAGEMENT ACTIVITIES. (a) Coordination.-- (1) In general.--In conducting forest management activities, the Secretary concerned shall, as appropriate, coordinate with the Administrator and State and local agencies and organizations, including local fire departments and volunteer groups. (2) Goals.--The coordination of activities under subparagraph (1) should aim to increase efficiencies and maximize the compatibility of management practices across public property boundaries. (b) Multiple Benefits.-- (1) In general.--In conducting forest management activities, the Secretary concerned shall conduct the activities in a manner that, except as provided in subsection (a)(2), attains multiple ecosystem benefits, including-- (A) maintaining biological diversity; (B) improving wetland and water quality, including in Stream Environment Zones; and (C) increasing resilience to changing water temperature and precipitation. (2) Exception.--Notwithstanding subsection (a)(2), the attainment of multiple ecosystem benefits shall not be required if the Secretary determines that management for multiple ecosystem benefits would excessively increase the cost of a program in relation to the additional ecosystem benefits gained from the management activity. (c) Ground Disturbance.--Consistent with applicable Federal law, the Secretary shall establish post-program ground condition criteria for ground disturbance caused by forest management activities. (d) Availability of Categorical Exclusion for Certain Forest Management Projects.--A forest management activity conducted for the purpose of reducing forest fuels is categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the forest management activity-- (1) notwithstanding section 423 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009 (division E of Public Law 111-8; 123 Stat. 748), does not exceed 10,000 acres, including not more than 3,000 acres of mechanical thinning; and (2) is developed-- (A) in coordination with impacted parties, specifically including representatives of local governments, such as county supervisors or county commissioners; and (B) in consultation with other interested parties. SEC. 803. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE ACTIONS. (a) Categorical Exclusion.--Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.--The forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is-- (1) to address an insect or disease infestation; (2) to reduce hazardous fuel loads; (3) to protect a municipal water source; (4) to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances; (5) to increase water yield; (6) to facilitate native species restoration; or (7) any combination of the purposes specified in paragraphs (1) through (6). (c) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage Limitations.-- (1) In general.--Except in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres. (2) Larger areas authorized.--A forest management activity covered by the categorical exclusion established under subsection (a) may contain treatment units exceeding a total of 10,000 acres but not more than a total of 30,000 acres if the forest management activity-- (A) is developed through a collaborative process; (B) is proposed by a resource advisory committee; or (C) is covered by a community wildfire protection plan. SEC. 804. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF WILDFIRE. (a) Categorical Exclusion.--Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System Lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (2) Activities authorized.--The following activities may be carried out pursuant to the categorical exclusion established under subsection (a): (A) Removal of juniper trees, medusahead rye, conifer trees, pinon pine trees, ponderosa pine trees, lodgepole pine trees, limber pine trees, Douglas-fir trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. (B) Performance of hazardous fuels management. (C) Creation of fuel and fire breaks. (D) Modification of existing fences in order to distribute livestock and help improve wildlife habitat. (E) Installation of erosion control devices. (F) Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat. (G) Performance of soil treatments, native and non- native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species. (H) Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity. (c) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage Limitations.--A forest management activity covered by the categorical exclusion established under subsection (a) may not exceed 10,000 acres. (e) Definitions.--In this section: (1) Hazardous fuels management.--The term ``hazardous fuels management'' means any vegetation management activities that reduce the risk of wildfire. (2) Late-season grazing.--The term ``late-season grazing'' means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year. (3) Targeted livestock grazing.--The term ``targeted livestock grazing'' means grazing used for purposes of hazardous fuel reduction. SEC. 805. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN RESPONSE TO CATASTROPHIC EVENTS. (a) Categorical Exclusion.--Salvage operations carried out by the Secretary concerned on National Forest System lands or public lands are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (c) Acreage Limitation.--A salvage operation covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres. (d) Reforestation Plan.--A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part of a salvage operation covered by the categorical exclusion established under subsection (a). SEC. 806. CATEGORICAL EXCLUSION FOR FOREST RESTORATION. (a) Categorical Exclusion.--Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The category of forest management activities designated under this section for categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is-- (A) to improve forest health and resiliency to disturbances; (B) to reduce hazardous fuels; or (C) to improve wildlife and aquatic habitat. (2) Activities authorized.--The following forest management activities may be carried out pursuant the categorical exclusion established under subsection (a): (A) Timber harvests, including commercial and pre- commercial timber harvest, salvage harvest, and regeneration harvest. (B) Hazardous fuels reduction. (C) Prescribed burning. (D) Improvement or establishment of wildlife and aquatic habitat. (E) Stream restoration and erosion control. (c) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage Limitations.--A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres. (e) Limitations on Road Building.-- (1) Permanent roads.--A forest management activity covered by the categorical exclusion established by subsection (a) may include-- (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. (2) Temporary roads.--Any temporary road constructed for a forest management activity covered by the categorical exclusion established by subsection (a) shall be decommissioned not later than 3 years after the date on which the project is completed. SEC. 807. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT ACTIVITIES. (a) Categorical Exclusion Established.--Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.--The category of forest management activities designated under this section for categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is-- (1) constructing or reconstructing roads not exceeding 3 miles; (2) adding an existing road to the forest transportation system; (3) reclassifying a road at a different maintenance level; (4) reconstructing or rehabilitating bridges; or (5) maintaining facilities through the use of pesticides as authorized by applicable Federal and State law and as applied in accordance with label instructions. (c) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. SEC. 808. CATEGORICAL EXCLUSION FOR DEVELOPED RECREATION SITES. (a) Categorical Exclusion.--Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to operate, maintain, modify, reconstruct, or decommission existing developed recreation sites. (2) Activities authorized.--The following forest management activities may be carried out pursuant to the categorical exclusion under subsection (a): (A) Constructing, modifying, or reconstructing fishing piers, wildlife viewing platforms, docks, or other constructed recreation sites or facilities. (B) Constructing, reconstructing, or maintaining, parking areas, roads, or trails within or connecting to recreation sites, including paving and road and trail rerouting, except that-- (i) permanent roads constructed under this section may not exceed 3 miles; and (ii) temporary roads constructed for projects covered by this section shall be decommissioned within 3 years of completion of the project. (C) Modifying or reconstructing existing water or waste disposal systems. (D) Constructing, modifying, or reconstructing single or group use sites. (E) Constructing, modifying, or reconstructing boat landings. (F) Reconstructing existing ski lifts. (G) Modifying or reconstructing a recreation lodging rental. (c) Availability of Categorical Exclusion.--On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. SEC. 809. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND VEGETATION. (a) Categorical Exclusion.--Forest management activities described in subsection (b) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) In general.--The category of forest management activities designated under subsection (a) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to establish and maintain linear fuel breaks that are-- (A) up to 1,000 feet in width adjacent to, and incorporating, existing linear features, such as roads, trails, transmission lines, and pipelines of any length on Federal land; and (B) intended to reduce the risk of wildfire on the Federal land or an adjacent at-risk community. (2) Activities.--Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (a) are-- (A) mowing or masticating; (B) thinning by manual and mechanical cutting; (C) piling, yarding, and removal of slash; (D) selling of vegetation products, including timber, firewood, biomass, slash, and fence posts; (E) targeted grazing; (F) application of-- (i) pesticide; (ii) biopesticide; or (iii) herbicide; (G) seeding of native species; (H) controlled burns and broadcast burning; and (I) burning of piles, including jackpot piles. (c) Acreage and Location Limitations.--Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (a)-- (1) may not contain treatment units in excess of 3,000 acres; and (2) shall be located primarily in an area described in section 605(c)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)(2)). TITLE IX--DEFINITIONS SEC. 901. DEFINITIONS. In this Act: (1) Catastrophic event.--The term ``catastrophic event'' means any natural disaster (including a hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind- driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause. (2) Collaborative process.--The term ``collaborative process'' refers to a process relating to the management of National Forest System lands or public lands by which a project or forest management activity is developed and implemented by the Secretary concerned through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)). (3) Community wildfire protection plan.--The term ``community wildfire protection plan'' has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (4) Coos bay wagon road grant lands.--The term ``Coos Bay Wagon Road Grant lands'' means the lands reconveyed to the United States pursuant to chapter 47 of the Act of February 26, 1919 (40 Stat. 1179). (5) Covered forest reserve project.--The term ``covered forest reserve project'' means a project involving the management or sale of national forest materials within a Forest Reserve Revenue Area that generates forest reserve revenues and achieve the annual volume requirement for the Forest Reserve Revenue Area. (6) Forest management activity.--The term ``forest management activity'' means a project or activity carried out by the Secretary concerned on National Forest System lands or public lands consistent with the forest plan covering the lands or the following activities: (A) Prescribed burning for ecosystem health and hazardous fuel reduction. (B) Mechanical and minimum tool treatment. (C) Stream environment zone restoration and other watershed and wildlife habitat enhancements. (D) Nonnative invasive species management. (7) Forest plan.--The term ``forest plan'' means-- (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or (B) a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (8) Large-scale catastrophic event.--The term ``large-scale catastrophic event'' means a catastrophic event that adversely impacts at least 5,000 acres of reasonably contiguous National Forest System lands or public lands, as determined by the Secretary concerned. (9) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (10) Oregon and california railroad grant lands.--The term ``Oregon and California Railroad Grant lands'' means the following lands: (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 (43 U.S.C. 1181a). (B) All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 (43 U.S.C. 1181h). (C) All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 (43 U.S.C. 1181f). (11) Public lands.--The term ``public lands'' has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands. (12) Reforestation activity.--The term ``reforestation activity'' means a project or forest management activity carried out by the Secretary concerned whose primary purpose is the reforestation of impacted lands following a large-scale catastrophic event. The term includes planting, evaluating, and enhancing natural regeneration, clearing competing vegetation, and other activities related to reestablishment of forest species on the impacted lands. (13) Resource advisory committee.--The term ``resource advisory committee'' has the meaning given that term in section 201 of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7121). (14) Salvage operation.--The term ``salvage operation'' means a forest management activity or restoration activity carried out in response to a catastrophic event where the primary purpose is-- (A) to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area; (B) to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or (C) to provide a funding source for reforestation and other restoration activities for the National Forest System lands or public lands impacted by the catastrophic event. (15) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. (16) State.--The term ``State'' means each of the several States. (17) Western state.--The term ``western State'' means any of the States of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming. (18) Conservation finance agreement.--The term ``conservation finance agreement'' means a mutual benefit agreement (excluding a procurement contract, grant, or cooperative agreement described in chapter 63 of title 31, United States Code)-- (A) the term of which is more than 1, but not more than 20, years; (B) that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds; and (C) if the agreement does so provide, that may provide for a cancellation payment to be made to the partner if those appropriations are not made. (19) Ecological integrity.--The term ``ecological integrity'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (20) Restore.--The term ``restore'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (21) Wildland-urban interface.--The term ``wildland-urban interface'' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). <all>

Active Forest Management, Wildfire Prevention and Community Protection Act

To address the bark beetle epidemic, to reduce catastrophic wildfires in the highest risk areas, to restore and improve the ecological integrity of forest, grassland, rangeland, and watershed ecosystems across the United States through public and private partnerships with Federal, State, local, and Tribal governments and private partners, and for other purposes.

Active Forest Management, Wildfire Prevention and Community Protection Act

Rep. Boebert, Lauren

R

CO

This bill establishes forest management, forest conservation, and wildfire prevention programs and activities. The bill establishes The bill also provides for, among other things

Collaborative prescribed fire program. Restoration and resilience partnership program. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way. Selection and implementation of landscape-scale forest restoration projects. Management of forest reserve revenue areas. Annual report. Wilderness and wilderness study areas. Categorical exclusion to expedite salvage operations in response to catastrophic events. Categorical exclusion for forest restoration. Sec. Definitions. 101. 102. (a) Establishment.--There is established in the Treasury a Western Bark Beetle Epidemic Fund (in this title referred to as the ``Fund''). 1772(c)(4)(A)) is amended to read as follows: ``(iv) ensures that-- ``(I) a plan submitted without a modification under clause (iii) shall be automatically approved 60 days after review; and ``(II) a plan submitted with a modification under clause (iii) shall be automatically approved 67 days after review.''. (e) Minimum.--The annual volume requirement for the Forest Revenue Area shall be not less than 6,000,000,000 Board Feet. (c) Application of NEPA.--Except as provided in subsection (d), the National Environmental Policy Act of 1969 (42 U.S.C. shall not apply to covered forest reserve projects under this section. (b) Payments in Lieu of Taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code. In this title, the term ``Secretary'' means the Secretary of Agriculture. (2) The alternative of no action. (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System Lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (2) Late-season grazing.--The term ``late-season grazing'' means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year. (B) Hazardous fuels reduction. (D) Improvement or establishment of wildlife and aquatic habitat. (e) Limitations on Road Building.-- (1) Permanent roads.--A forest management activity covered by the categorical exclusion established by subsection (a) may include-- (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. (D) Constructing, modifying, or reconstructing single or group use sites. 4332). 6591b(b)(1)(C)). (16) State.--The term ``State'' means each of the several States. (19) Ecological integrity.--The term ``ecological integrity'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).

Collaborative prescribed fire program. Restoration and resilience partnership program. Management of forest reserve revenue areas. Annual report. Categorical exclusion to expedite salvage operations in response to catastrophic events. Categorical exclusion for forest restoration. Sec. Definitions. 102. (a) Establishment.--There is established in the Treasury a Western Bark Beetle Epidemic Fund (in this title referred to as the ``Fund''). 1772(c)(4)(A)) is amended to read as follows: ``(iv) ensures that-- ``(I) a plan submitted without a modification under clause (iii) shall be automatically approved 60 days after review; and ``(II) a plan submitted with a modification under clause (iii) shall be automatically approved 67 days after review.''. (e) Minimum.--The annual volume requirement for the Forest Revenue Area shall be not less than 6,000,000,000 Board Feet. (c) Application of NEPA.--Except as provided in subsection (d), the National Environmental Policy Act of 1969 (42 U.S.C. shall not apply to covered forest reserve projects under this section. In this title, the term ``Secretary'' means the Secretary of Agriculture. (2) The alternative of no action. (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System Lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (B) Hazardous fuels reduction. (e) Limitations on Road Building.-- (1) Permanent roads.--A forest management activity covered by the categorical exclusion established by subsection (a) may include-- (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. (D) Constructing, modifying, or reconstructing single or group use sites. 4332). 6591b(b)(1)(C)). (16) State.--The term ``State'' means each of the several States. (19) Ecological integrity.--The term ``ecological integrity'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).

SHORT TITLE; TABLE OF CONTENTS. Collaborative prescribed fire program. Restoration and resilience partnership program. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way. Selection and implementation of landscape-scale forest restoration projects. Management of forest reserve revenue areas. Annual report. Wilderness and wilderness study areas. Clarification of existing categorical exclusion authority related to insect and disease infestation. Injunctive relief (balance of harms). Categorical exclusion to expedite salvage operations in response to catastrophic events. Categorical exclusion for forest restoration. Sec. Definitions. 101. 102. 201. (a) Establishment.--There is established in the Treasury a Western Bark Beetle Epidemic Fund (in this title referred to as the ``Fund''). 1772(c)(4)(A)) is amended to read as follows: ``(iv) ensures that-- ``(I) a plan submitted without a modification under clause (iii) shall be automatically approved 60 days after review; and ``(II) a plan submitted with a modification under clause (iii) shall be automatically approved 67 days after review.''. (3) Conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface. 401. (e) Minimum.--The annual volume requirement for the Forest Revenue Area shall be not less than 6,000,000,000 Board Feet. (c) Application of NEPA.--Except as provided in subsection (d), the National Environmental Policy Act of 1969 (42 U.S.C. shall not apply to covered forest reserve projects under this section. The Secretary may incorporate in the environmental assessment, by reference, any documents that the Secretary determines, in the sole discretion of the Secretary, are relevant to the assessment of the environmental effects of the covered project. (b) Payments in Lieu of Taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code. In this title, the term ``Secretary'' means the Secretary of Agriculture. (2) The alternative of no action. (2) Larger areas authorized.--A forest management activity covered by the categorical exclusion established under subsection (a) may contain treatment units exceeding a total of 10,000 acres but not more than a total of 30,000 acres if the forest management activity-- (A) is developed through a collaborative process; (B) is proposed by a resource advisory committee; or (C) is covered by a community wildfire protection plan. (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System Lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (2) Activities authorized.--The following activities may be carried out pursuant to the categorical exclusion established under subsection (a): (A) Removal of juniper trees, medusahead rye, conifer trees, pinon pine trees, ponderosa pine trees, lodgepole pine trees, limber pine trees, Douglas-fir trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. (2) Late-season grazing.--The term ``late-season grazing'' means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year. (B) Hazardous fuels reduction. (D) Improvement or establishment of wildlife and aquatic habitat. (e) Limitations on Road Building.-- (1) Permanent roads.--A forest management activity covered by the categorical exclusion established by subsection (a) may include-- (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. (D) Constructing, modifying, or reconstructing single or group use sites. 4332). 6591b(b)(1)(C)). (16) State.--The term ``State'' means each of the several States. (19) Ecological integrity.--The term ``ecological integrity'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).

SHORT TITLE; TABLE OF CONTENTS. Collaborative prescribed fire program. Large cross-boundary prescribed fire incentive program. Restoration and resilience partnership program. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way. Selection and implementation of landscape-scale forest restoration projects. Management of forest reserve revenue areas. Annual report. Wilderness and wilderness study areas. Clarification of existing categorical exclusion authority related to insect and disease infestation. Injunctive relief (balance of harms). Categorical exclusion to expedite salvage operations in response to catastrophic events. Categorical exclusion for forest restoration. Sec. Definitions. 101. 102. 201. (a) Establishment.--There is established in the Treasury a Western Bark Beetle Epidemic Fund (in this title referred to as the ``Fund''). 301. (b) Consultation.--In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. 302. 303. 1772(c)(4)(A)) is amended to read as follows: ``(iv) ensures that-- ``(I) a plan submitted without a modification under clause (iii) shall be automatically approved 60 days after review; and ``(II) a plan submitted with a modification under clause (iii) shall be automatically approved 67 days after review.''. 304. (3) Conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface. 401. (e) Minimum.--The annual volume requirement for the Forest Revenue Area shall be not less than 6,000,000,000 Board Feet. 402. (c) Application of NEPA.--Except as provided in subsection (d), the National Environmental Policy Act of 1969 (42 U.S.C. shall not apply to covered forest reserve projects under this section. The Secretary may incorporate in the environmental assessment, by reference, any documents that the Secretary determines, in the sole discretion of the Secretary, are relevant to the assessment of the environmental effects of the covered project. 4331 et seq.) 403. (b) Payments in Lieu of Taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code. (f) Deposit in General Fund of the Treasury.--In the case of funds remaining after the Secretary makes the payments required in subsections (a) and (b), the Secretary shall deposit remaining forest reserve revenues into the general fund of the Treasury. 404. 405. In this title, the term ``Secretary'' means the Secretary of Agriculture. 501. 502. 503. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V''. 601. (2) The alternative of no action. 701. 702. 801. 802. (c) Ground Disturbance.--Consistent with applicable Federal law, the Secretary shall establish post-program ground condition criteria for ground disturbance caused by forest management activities. 803. (2) Larger areas authorized.--A forest management activity covered by the categorical exclusion established under subsection (a) may contain treatment units exceeding a total of 10,000 acres but not more than a total of 30,000 acres if the forest management activity-- (A) is developed through a collaborative process; (B) is proposed by a resource advisory committee; or (C) is covered by a community wildfire protection plan. 804. (b) Forest Management Activities Designated for Categorical Exclusion.-- (1) Designation.--The forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System Lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (2) Activities authorized.--The following activities may be carried out pursuant to the categorical exclusion established under subsection (a): (A) Removal of juniper trees, medusahead rye, conifer trees, pinon pine trees, ponderosa pine trees, lodgepole pine trees, limber pine trees, Douglas-fir trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. (2) Late-season grazing.--The term ``late-season grazing'' means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year. 805. 806. (B) Hazardous fuels reduction. (D) Improvement or establishment of wildlife and aquatic habitat. (e) Limitations on Road Building.-- (1) Permanent roads.--A forest management activity covered by the categorical exclusion established by subsection (a) may include-- (A) the construction of permanent roads not to exceed 3 miles; and (B) the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. 807. 808. (D) Constructing, modifying, or reconstructing single or group use sites. (G) Modifying or reconstructing a recreation lodging rental. 809. 4332). 901. 6591b(b)(1)(C)). 1604). (16) State.--The term ``State'' means each of the several States. (18) Conservation finance agreement.--The term ``conservation finance agreement'' means a mutual benefit agreement (excluding a procurement contract, grant, or cooperative agreement described in chapter 63 of title 31, United States Code)-- (A) the term of which is more than 1, but not more than 20, years; (B) that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds; and (C) if the agreement does so provide, that may provide for a cancellation payment to be made to the partner if those appropriations are not made. (19) Ecological integrity.--The term ``ecological integrity'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). 6511).

H.R.2927

Taxation

Savings for All Vocations Enhancement Act of 2021 or the SAVE Act of 2021 This bill modifies provisions relating to tax-exempt retirement plans. It (1) allows employers who establish a tax-exempt 403(b) pension plan to participate in a multiple employer plan, (2) allows employers who join an existing pension plan to take the tax credit for small employer pension plans start-up costs, (3) makes certain findings relating to S corporation employee stock ownership plans (ESOPs), (4) reduces the excise tax on certain accumulations in tax-exempt retirement plans and on failures to take required minimum plan distributions, and (5) sets forth a statute of limitations rule for purposes of the excise tax on excess plan contributions and accumulations in connection with an individual retirement plan.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for All Vocations Enhancement Act of 2021'' or the ``SAVE Act of 2021''. SEC. 2. MULTIPLE EMPLOYER 403(B) PLANS. (a) In General.--Section 403(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Multiple employer plans.-- ``(A) In general.--Except in the case of a church plan, this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than 1 employer. ``(B) Treatment of employers failing to meet requirements of plan.-- ``(i) In general.--In the case of a plan maintained by more than 1 employer, this subsection shall not be treated as failing to apply to an annuity contract held under such plan merely because of one or more employers failing to meet the requirements of this subsection if such plan satisfies rules similar to the rules of section 413(e)(2) with respect to any such employer failure. ``(ii) Additional requirements in case of non-governmental plans.--A plan shall not be treated as meeting the requirements of this subparagraph unless the plan meets the requirements of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing.''. (b) Annual Registration for 403(b) Multiple Employer Plan.--Section 6057 of such Code is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) 403(b) Multiple Employer Plans Treated as One Plan.--In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.''. (c) Annual Information Returns for 403(b) Multiple Employer Plan.-- Section 6058 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) 403(b) Multiple Employer Plans Treated as One Plan.--In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.''. (d) Amendments to Employee Retirement Income Security Act of 1974.-- (1) Treated as pooled employer plan.-- (A) In general.--Section 3(43)(A) of the Employee Retirement Income Security Act of 1974 is amended-- (i) in clause (ii), by striking ``section 501(a) of such Code or'' and inserting ``501(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or''; and (ii) in the flush text at the end, by striking ``the plan.'' and inserting ``the plan, but such term shall include any program (other than a governmental plan) maintained for the benefit of the employees of more than 1 employer that consists of contracts described in section 403(b) of such Code and that meets the requirements of subparagraph (A) or (B) of section 413(e)(1) of such Code.''. (B) Conforming amendments.--Sections 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such Act are each amended by striking ``section 401(a) of such Code or'' and inserting ``401(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or''. (2) Fiduciaries.--Section 3(43)(B)(ii) of such Act is amended-- (A) by striking ``trustees meeting the requirements of section 408(a)(2) of the Internal Revenue Code of 1986'' and inserting ``trustees (or other fiduciaries in the case of a plan that consists of contracts described in section 403(b) of the Internal Revenue Code of 1986) meeting the requirements of section 408(a)(2) of such Code'', and (B) by striking ``holding'' and inserting ``holding (or causing to be held under the terms of a plan consisting of such contracts)''. (e) Regulations Relating to Plan Termination.--The Secretary of the Treasury (or the Secretary's designee) shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section 403(b)(15) of such Code applies. (f) Modification of Model Plan Language, etc.-- (1) Plan notifications.--The Secretary of the Treasury (or the Secretary's designee) shall modify the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language which notifies participating employers which are exempt from tax under section 501(a) of such Code that the plan is subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (2) Model plans for multiple employer 403(b) non- governmental plans.--For plans to which section 403(b)(15)(A) of the Internal Revenue Code of 1986 applies (other than a plan maintained for its employees by a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing) the Secretary shall publish model plan language similar to model plan language published under section 413(e)(5) of such Code. (3) Educational outreach to employers exempt from tax.--The Secretary shall provide education and outreach to increase awareness to employers which are exempt from tax under section 501(a) of such Code that multiple employer plans are subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (g) No Inference With Respect to Church Plans.--Regarding any application of section 403(b) of the Internal Revenue Code of 1986 to an annuity contract purchased under a church plan (as defined in section 414(e) of such Code) maintained by more than 1 employer, or to any application of rules similar to section 413(e) of such Code to such a plan, no inference shall be made from section 403(b)(15)(A) of such Code (as added by this Act) not applying to such plans. (h) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 2021. (2) Rule of construction.--Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary's delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under such Code with respect to one employer (and its employees) in the case of a plan to which section 403(b)(15) applies. SEC. 3. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN. (a) In General.--Section 45E(d)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``effective'' and inserting ``effective with respect to the eligible employer''. (b) Effective Date.--The amendment made by this section shall apply to eligible employer plans which become effective with respect to the eligible employer after the date of the enactment of this Act. SEC. 4. FINDINGS RELATING TO S CORPORATION ESOPS. Congress finds the following: (1) On January 1, 1998, nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ``ESOP'') was created, employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996 (Public Law 104- 188). (2) With the passage of the Taxpayer Relief Act of 1997 (Public Law 105-34), Congress designed incentives to encourage businesses to become ESOP-owned S corporations. (3) Since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to construction and contracting to services. (4) Every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account. (5) Recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability, wages and benefits than employees of comparable companies; and ESOP companies are better able to weather economic downturns. (6) Studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their ESOP accounts that will give them the means to retire with dignity. (7) It is the goal of Congress to preserve and foster employee ownership of S corporations through ESOPs. SEC. 5. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS. (a) In General.--Section 4974(a) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``25 percent''. (b) Reduction in Excise Tax on Failures To Take Required Minimum Distributions.--Section 4974 of such Code is amended by adding at the end the following new subsection: ``(e) Reduction of Tax in Certain Cases.-- ``(1) Reduction.--In the case of a taxpayer who-- ``(A) corrects, during the correction window, a shortfall of distributions from an individual retirement plan which resulted in imposition of a tax under subsection (a), and ``(B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first sentence of subsection (a) shall be applied by substituting `10 percent' for `25 percent'. ``(2) Correction window.--For purposes of this subsection, the term `correction window' means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from an individual retirement plan, and ending on the earlier of-- ``(A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the shortfall of distributions, or ``(B) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 6. INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR EXCISE TAX ON EXCESS CONTRIBUTIONS AND CERTAIN ACCUMULATIONS. Section 6501(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Individual retirement plans.-- ``(A) In general.--For purposes of any tax imposed by section 4973 or 4974 in connection with an individual retirement plan, the return referred to in this section shall be the income tax return filed by the person on whom the tax under such section is imposed for the year in which the act (or failure to act) giving rise to the liability for such tax occurred. ``(B) Rule in case of individuals not required to file return.--In the case of a person who is not required to file an income tax return for such year-- ``(i) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ``(ii) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).''. <all>

SAVE Act of 2021

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans.

SAVE Act of 2021 Savings for All Vocations Enhancement Act of 2021

Rep. Kind, Ron

D

WI

This bill modifies provisions relating to tax-exempt retirement plans. It (1) allows employers who establish a tax-exempt 403(b) pension plan to participate in a multiple employer plan, (2) allows employers who join an existing pension plan to take the tax credit for small employer pension plans start-up costs, (3) makes certain findings relating to S corporation employee stock ownership plans (ESOPs), (4) reduces the excise tax on certain accumulations in tax-exempt retirement plans and on failures to take required minimum plan distributions, and (5) sets forth a statute of limitations rule for purposes of the excise tax on excess plan contributions and accumulations in connection with an individual retirement plan.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans. 2. MULTIPLE EMPLOYER 403(B) PLANS. ``(ii) Additional requirements in case of non-governmental plans.--A plan shall not be treated as meeting the requirements of this subparagraph unless the plan meets the requirements of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing.''. (B) Conforming amendments.--Sections 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such Act are each amended by striking ``section 401(a) of such Code or'' and inserting ``401(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or''. (e) Regulations Relating to Plan Termination.--The Secretary of the Treasury (or the Secretary's designee) shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section 403(b)(15) of such Code applies. (h) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 2021. 4. FINDINGS RELATING TO S CORPORATION ESOPS. (3) Since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to construction and contracting to services. 5. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS. ``(2) Correction window.--For purposes of this subsection, the term `correction window' means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from an individual retirement plan, and ending on the earlier of-- ``(A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the shortfall of distributions, or ``(B) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.''. SEC. 6. ``(B) Rule in case of individuals not required to file return.--In the case of a person who is not required to file an income tax return for such year-- ``(i) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ``(ii) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).''.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans. 2. MULTIPLE EMPLOYER 403(B) PLANS. ``(ii) Additional requirements in case of non-governmental plans.--A plan shall not be treated as meeting the requirements of this subparagraph unless the plan meets the requirements of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing.''. (B) Conforming amendments.--Sections 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such Act are each amended by striking ``section 401(a) of such Code or'' and inserting ``401(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or''. (e) Regulations Relating to Plan Termination.--The Secretary of the Treasury (or the Secretary's designee) shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section 403(b)(15) of such Code applies. (h) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 2021. 4. FINDINGS RELATING TO S CORPORATION ESOPS. 5. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS. SEC. 6. ``(B) Rule in case of individuals not required to file return.--In the case of a person who is not required to file an income tax return for such year-- ``(i) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ``(ii) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).''.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. MULTIPLE EMPLOYER 403(B) PLANS. ``(ii) Additional requirements in case of non-governmental plans.--A plan shall not be treated as meeting the requirements of this subparagraph unless the plan meets the requirements of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing.''. (B) Conforming amendments.--Sections 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such Act are each amended by striking ``section 401(a) of such Code or'' and inserting ``401(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or''. (e) Regulations Relating to Plan Termination.--The Secretary of the Treasury (or the Secretary's designee) shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section 403(b)(15) of such Code applies. (f) Modification of Model Plan Language, etc.-- (1) Plan notifications.--The Secretary of the Treasury (or the Secretary's designee) shall modify the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language which notifies participating employers which are exempt from tax under section 501(a) of such Code that the plan is subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (h) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 2021. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN. 4. FINDINGS RELATING TO S CORPORATION ESOPS. (2) With the passage of the Taxpayer Relief Act of 1997 (Public Law 105-34), Congress designed incentives to encourage businesses to become ESOP-owned S corporations. (3) Since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to construction and contracting to services. (6) Studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their ESOP accounts that will give them the means to retire with dignity. 5. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS. (a) In General.--Section 4974(a) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``25 percent''. ``(2) Correction window.--For purposes of this subsection, the term `correction window' means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from an individual retirement plan, and ending on the earlier of-- ``(A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the shortfall of distributions, or ``(B) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.''. SEC. 6. ``(B) Rule in case of individuals not required to file return.--In the case of a person who is not required to file an income tax return for such year-- ``(i) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ``(ii) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).''.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. MULTIPLE EMPLOYER 403(B) PLANS. (a) In General.--Section 403(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Multiple employer plans.-- ``(A) In general.--Except in the case of a church plan, this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than 1 employer. ``(ii) Additional requirements in case of non-governmental plans.--A plan shall not be treated as meeting the requirements of this subparagraph unless the plan meets the requirements of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by any of the following: A State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing.''. (B) Conforming amendments.--Sections 3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such Act are each amended by striking ``section 401(a) of such Code or'' and inserting ``401(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or''. (e) Regulations Relating to Plan Termination.--The Secretary of the Treasury (or the Secretary's designee) shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section 403(b)(15) of such Code applies. (f) Modification of Model Plan Language, etc.-- (1) Plan notifications.--The Secretary of the Treasury (or the Secretary's designee) shall modify the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language which notifies participating employers which are exempt from tax under section 501(a) of such Code that the plan is subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (h) Effective Date.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 2021. (2) Rule of construction.--Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary's delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under such Code with respect to one employer (and its employees) in the case of a plan to which section 403(b)(15) applies. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN. 4. FINDINGS RELATING TO S CORPORATION ESOPS. Congress finds the following: (1) On January 1, 1998, nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ``ESOP'') was created, employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996 (Public Law 104- 188). (2) With the passage of the Taxpayer Relief Act of 1997 (Public Law 105-34), Congress designed incentives to encourage businesses to become ESOP-owned S corporations. (3) Since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to construction and contracting to services. (5) Recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability, wages and benefits than employees of comparable companies; and ESOP companies are better able to weather economic downturns. (6) Studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their ESOP accounts that will give them the means to retire with dignity. (7) It is the goal of Congress to preserve and foster employee ownership of S corporations through ESOPs. 5. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED RETIREMENT PLANS. (a) In General.--Section 4974(a) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``25 percent''. ``(2) Correction window.--For purposes of this subsection, the term `correction window' means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from an individual retirement plan, and ending on the earlier of-- ``(A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the shortfall of distributions, or ``(B) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.''. SEC. 6. ``(B) Rule in case of individuals not required to file return.--In the case of a person who is not required to file an income tax return for such year-- ``(i) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and ``(ii) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof).''.

H.R.7368

Housing and Community Development

Transforming Student Debt to Home Equity Act of 2022 This bill requires the Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency to jointly establish and implement a pilot demonstration program to provide, to eligible applicants with federal student loan debt, assistance in purchasing eligible properties. Specifically, the program may provide for (1) discounts on the appraised value of eligible properties, (2) flexibility in certain underwriting standards, (3) the development of new mortgage products specifically targeted to eligible applicants, and (4) other appropriate assistance. The program must provide for the development of a program that uses actuarial information to determine how the repayment of federal student loans may be integrated into a mortgage repayment schedule to allow eligible applicants to accumulate home equity. An eligible property is a property (1) that is designed as a dwelling for occupancy by one to four families; (2) that is safe and habitable; (3) the occupancy of which will promote community revitalization; and (4) that is owned by HUD, the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), a local land bank, the Department of Agriculture, or the Department of Veterans Affairs.

To direct the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency to develop a program to provide assistance to creditworthy borrowers with Federal student debt in purchasing certain foreclosed homes owned by the Federal Government, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and local land banks, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transforming Student Debt to Home Equity Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) In the third quarter of 2021, over 15,185,000 homes remain vacant in the United States. (2) These extended vacancies depress neighborhood property values and create a downward spiral in neighborhood stability in already troubled communities. (3) Meanwhile, due to climbing expenses of higher education, the total Federal student debt owed equals $1,750,000,000,000. (4) More than 44,700,000 Americans have at least one outstanding student loan. (5) Student loan repayments are forcing millions of young families to delay purchasing their first home, as they cannot afford to save for a downpayment or qualify for a mortgage while also paying off student debt. (6) Data from the Federal Reserve shows that non-Hispanic White households have a median net worth of $181,440, while Black households have a median net worth of $20,730 and Hispanic households have $36,180; providing innovative financial products will allow the United States to reduce the racial wealth gap and to ensure equitable access to housing and economic mobility. (7) The COVID-19 pandemic has exacerbated the racial wealth gap by increasing unemployment within already disadvantaged communities and further reducing access to homeownership and increasing the burden of student debt. (8) According to a report from the Joint Center for Housing Studies of Harvard University, Black and Hispanic households are more likely to have their household income decline and to face hardship in paying rent and other monthly housing costs due to the COVID-19 pandemic. (9) It is imperative to create a demonstration program to design financial pathways to, where possible, systematically convert some student debt streams into equity streams through negotiation of mortgages; otherwise housing purchases will continue to be sluggish among first-time home buyers and thousands more Americans will enter their midyears saddled with student loan debt never having had the opportunity to accumulate equity. (10) It is in the interest of the Federal Government to use the resources at its disposal, including both housing properties held in trust and student debt obligations, to put reverse pressure on these downward trends. (11) By arranging financing that recalculates terms, debt- to-income ratios, mortgage interest rates, and other factors, short-term student debt could transition into longer-term home ownership. (12) The goal is to connect creditworthy Federal student debt holders with housing properties for sale and held by the Federal Government and local land banks. (13) Over time, participants can help restore neighborhoods, transform their debt to equity, and stabilize secured property values locally and on the Federal ledger by maintaining and investing in a home mortgage. SEC. 3. PROGRAM TO EXPAND ACCESS TO MORTGAGES TO ELIGIBLE CREDITWORTHY HOME BUYERS WITH FEDERAL STUDENT LOAN DEBT. (a) Establishment.--From amounts appropriated pursuant to subsection (g), the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall establish and carry out a pilot demonstration program to-- (1) provide assistance to eligible applicants in purchasing eligible properties; and (2) subsequently analyze the results of the provision of such assistance. (b) Consultation.--In establishing and carrying out the program pursuant to subsection (a), the Secretary and the Director shall consult with-- (1) the Director of the Consumer Financial Protection Bureau; (2) the Secretary of Agriculture; (3) the Secretary of Veterans Affairs; (4) the Secretary of Education; and (5) the Secretary of the Treasury. (c) Eligible Applicants.--To be eligible for the program established pursuant to subsection (a), an applicant-- (1) shall have an outstanding balance of principal or interest owing on a Federal loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (2) shall have an area median income at or below 120 percent; (3) may not be subject to a judgment secured through litigation with respect to such a loan under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), may not be subject to an order for wage garnishment under section 488A of such Act (20 U.S.C. 1095a), and at the time of application for participation in the program under this section-- (A) such a loan shall be in repayment status as determined under section 428(b)(7)(A) of such Act (20 U.S.C. 1078(b)(7)(A)); or (B) such a loan shall be in a grace period preceding repayment; (4) may not have owned a home during the 3-year period immediately before the applicant purchases an eligible property with assistance provided under this section; (5) shall complete a program of counseling with respect to the responsibilities and financial management involved in homeownership that is approved by the Secretary; (6) shall be creditworthy, as determined by the Secretary and the Director; (7) shall agree to use an eligible property purchased with assistance provided under this section as the applicant's primary residence for not less than the 3-year period beginning on the date of such purchase; and (8) shall be employed and earning sufficient income to repay a mortgage loan, as determined by the Secretary and the Director for the purposes of this program. (d) Types of Assistance.-- (1) In general.--A program established under this section may provide for any one or more of the following options: (A) A discount on the appraised value of an eligible property. (B) Flexibility in underwriting standards related to the purchase of eligible properties for mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) or owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (C) The development of new mortgage products specifically targeted to eligible applicants. (D) Downpayment and private mortgage assistance to eligible applicants. (E) Pre-purchase counseling including related credit and financial coaching to eligible applicants. (F) Provision of a low- or no-interest mortgage rate. (G) Any other assistance that the Secretary and Director jointly deem appropriate. (2) Repayment integration.--The Secretary shall establish a program that will integrate repayment of loans described in subsection (c)(1) into a mortgage repayment schedule to allow an eligible applicant to accumulate equity in the eligible property. The Secretary shall use actuarial data and risk assessments to collateralize the mortgage provided through Federal funds. (3) Collaboration.--In providing assistance described under paragraph (1), the Secretary and the Director may collaborate with-- (A) community banks having less than $10,000,000,000 in total assets; (B) credit unions (as defined in section 101 of the Federal Credit Union Act); (C) local fair housing organizations; and (D) local land banks. (e) Geographical Diversity.--In selecting eligible applicants to receive assistance under this section, the Secretary and the Director shall, to the extent practicable, consider the location of the eligible property to be purchased by the eligible applicant, including whether the eligible property is located in a rural or urban area, to ensure geographic diversity of such eligible properties. (f) Reports.-- (1) Interim report.--Not later than 180 days after the date of the enactment of this section, the Secretary and the Director shall submit to Congress an interim report describing the type of assistance the Secretary and the Director shall provide under the program established under this section. (2) Final report.--Not later than 3 years after the date of the enactment of this section, the Secretary and the Director shall submit to Congress a final report that-- (A) evaluates the impact of the program carried out under this section and describes any findings; (B) identifies other types of assistance the Secretary and the Director may offer; and (C) includes any recommendations the Secretary and Director may have for improving the program. (g) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Housing and Urban Development. (3) Eligible property.--The term ``eligible property'' means a property that is designed as a dwelling for occupancy by 1 to 4 families-- (A) that is safe and habitable, as defined by the Secretary and the Director; (B) the occupancy of which, as determined by the Secretary and the Director, will promote community revitalization; and (C) that-- (i) was previously subject to a mortgage loan insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.) and is owned by the Secretary pursuant to the payment of insurance benefits under such Act; (ii) is a real estate owned property of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (iii) is owned by a local land bank; (iv) is owned by the Department of Agriculture; or (v) is owned by the Department of Veterans Affairs. (4) Local land bank.--The term ``local land bank'' means-- (A) a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property; or (B) such other governmental or nongovernmental entity as the Secretary and the Director may determine appropriate. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section for fiscal years 2023, 2024, and 2025. <all>

Transforming Student Debt to Home Equity Act of 2022

To direct the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency to develop a program to provide assistance to creditworthy borrowers with Federal student debt in purchasing certain foreclosed homes owned by the Federal Government, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and local land banks, and for other purposes.

Transforming Student Debt to Home Equity Act of 2022

Rep. Kaptur, Marcy

D

OH

This bill requires the Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency to jointly establish and implement a pilot demonstration program to provide, to eligible applicants with federal student loan debt, assistance in purchasing eligible properties. Specifically, the program may provide for (1) discounts on the appraised value of eligible properties, (2) flexibility in certain underwriting standards, (3) the development of new mortgage products specifically targeted to eligible applicants, and (4) other appropriate assistance. The program must provide for the development of a program that uses actuarial information to determine how the repayment of federal student loans may be integrated into a mortgage repayment schedule to allow eligible applicants to accumulate home equity. An eligible property is a property (1) that is designed as a dwelling for occupancy by one to four families; (2) that is safe and habitable; (3) the occupancy of which will promote community revitalization; and (4) that is owned by HUD, the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), a local land bank, the Department of Agriculture, or the Department of Veterans Affairs.

SHORT TITLE. This Act may be cited as the ``Transforming Student Debt to Home Equity Act of 2022''. FINDINGS. (2) These extended vacancies depress neighborhood property values and create a downward spiral in neighborhood stability in already troubled communities. (3) Meanwhile, due to climbing expenses of higher education, the total Federal student debt owed equals $1,750,000,000,000. (5) Student loan repayments are forcing millions of young families to delay purchasing their first home, as they cannot afford to save for a downpayment or qualify for a mortgage while also paying off student debt. (6) Data from the Federal Reserve shows that non-Hispanic White households have a median net worth of $181,440, while Black households have a median net worth of $20,730 and Hispanic households have $36,180; providing innovative financial products will allow the United States to reduce the racial wealth gap and to ensure equitable access to housing and economic mobility. (12) The goal is to connect creditworthy Federal student debt holders with housing properties for sale and held by the Federal Government and local land banks. SEC. 3. 1070 et seq. 1095a), and at the time of application for participation in the program under this section-- (A) such a loan shall be in repayment status as determined under section 428(b)(7)(A) of such Act (20 U.S.C. or owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (E) Pre-purchase counseling including related credit and financial coaching to eligible applicants. (F) Provision of a low- or no-interest mortgage rate. (e) Geographical Diversity.--In selecting eligible applicants to receive assistance under this section, the Secretary and the Director shall, to the extent practicable, consider the location of the eligible property to be purchased by the eligible applicant, including whether the eligible property is located in a rural or urban area, to ensure geographic diversity of such eligible properties. (f) Reports.-- (1) Interim report.--Not later than 180 days after the date of the enactment of this section, the Secretary and the Director shall submit to Congress an interim report describing the type of assistance the Secretary and the Director shall provide under the program established under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Housing and Urban Development. (4) Local land bank.--The term ``local land bank'' means-- (A) a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property; or (B) such other governmental or nongovernmental entity as the Secretary and the Director may determine appropriate. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section for fiscal years 2023, 2024, and 2025.

SHORT TITLE. This Act may be cited as the ``Transforming Student Debt to Home Equity Act of 2022''. FINDINGS. (3) Meanwhile, due to climbing expenses of higher education, the total Federal student debt owed equals $1,750,000,000,000. (6) Data from the Federal Reserve shows that non-Hispanic White households have a median net worth of $181,440, while Black households have a median net worth of $20,730 and Hispanic households have $36,180; providing innovative financial products will allow the United States to reduce the racial wealth gap and to ensure equitable access to housing and economic mobility. SEC. 3. 1070 et seq. 1095a), and at the time of application for participation in the program under this section-- (A) such a loan shall be in repayment status as determined under section 428(b)(7)(A) of such Act (20 U.S.C. or owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (F) Provision of a low- or no-interest mortgage rate. (e) Geographical Diversity.--In selecting eligible applicants to receive assistance under this section, the Secretary and the Director shall, to the extent practicable, consider the location of the eligible property to be purchased by the eligible applicant, including whether the eligible property is located in a rural or urban area, to ensure geographic diversity of such eligible properties. (f) Reports.-- (1) Interim report.--Not later than 180 days after the date of the enactment of this section, the Secretary and the Director shall submit to Congress an interim report describing the type of assistance the Secretary and the Director shall provide under the program established under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Housing and Urban Development. (4) Local land bank.--The term ``local land bank'' means-- (A) a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property; or (B) such other governmental or nongovernmental entity as the Secretary and the Director may determine appropriate.

SHORT TITLE. This Act may be cited as the ``Transforming Student Debt to Home Equity Act of 2022''. FINDINGS. Congress finds the following: (1) In the third quarter of 2021, over 15,185,000 homes remain vacant in the United States. (2) These extended vacancies depress neighborhood property values and create a downward spiral in neighborhood stability in already troubled communities. (3) Meanwhile, due to climbing expenses of higher education, the total Federal student debt owed equals $1,750,000,000,000. (4) More than 44,700,000 Americans have at least one outstanding student loan. (5) Student loan repayments are forcing millions of young families to delay purchasing their first home, as they cannot afford to save for a downpayment or qualify for a mortgage while also paying off student debt. (6) Data from the Federal Reserve shows that non-Hispanic White households have a median net worth of $181,440, while Black households have a median net worth of $20,730 and Hispanic households have $36,180; providing innovative financial products will allow the United States to reduce the racial wealth gap and to ensure equitable access to housing and economic mobility. (8) According to a report from the Joint Center for Housing Studies of Harvard University, Black and Hispanic households are more likely to have their household income decline and to face hardship in paying rent and other monthly housing costs due to the COVID-19 pandemic. (9) It is imperative to create a demonstration program to design financial pathways to, where possible, systematically convert some student debt streams into equity streams through negotiation of mortgages; otherwise housing purchases will continue to be sluggish among first-time home buyers and thousands more Americans will enter their midyears saddled with student loan debt never having had the opportunity to accumulate equity. (12) The goal is to connect creditworthy Federal student debt holders with housing properties for sale and held by the Federal Government and local land banks. SEC. 3. (a) Establishment.--From amounts appropriated pursuant to subsection (g), the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall establish and carry out a pilot demonstration program to-- (1) provide assistance to eligible applicants in purchasing eligible properties; and (2) subsequently analyze the results of the provision of such assistance. ); (2) shall have an area median income at or below 120 percent; (3) may not be subject to a judgment secured through litigation with respect to such a loan under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. 1095a), and at the time of application for participation in the program under this section-- (A) such a loan shall be in repayment status as determined under section 428(b)(7)(A) of such Act (20 U.S.C. or owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (E) Pre-purchase counseling including related credit and financial coaching to eligible applicants. (F) Provision of a low- or no-interest mortgage rate. The Secretary shall use actuarial data and risk assessments to collateralize the mortgage provided through Federal funds. (e) Geographical Diversity.--In selecting eligible applicants to receive assistance under this section, the Secretary and the Director shall, to the extent practicable, consider the location of the eligible property to be purchased by the eligible applicant, including whether the eligible property is located in a rural or urban area, to ensure geographic diversity of such eligible properties. (f) Reports.-- (1) Interim report.--Not later than 180 days after the date of the enactment of this section, the Secretary and the Director shall submit to Congress an interim report describing the type of assistance the Secretary and the Director shall provide under the program established under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Housing and Urban Development. 1707 et seq.) (4) Local land bank.--The term ``local land bank'' means-- (A) a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property; or (B) such other governmental or nongovernmental entity as the Secretary and the Director may determine appropriate. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section for fiscal years 2023, 2024, and 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 ``Transforming Student Debt to Home Equity Act of 2022''. FINDINGS. Congress finds the following: (1) In the third quarter of 2021, over 15,185,000 homes remain vacant in the United States. (2) These extended vacancies depress neighborhood property values and create a downward spiral in neighborhood stability in already troubled communities. (3) Meanwhile, due to climbing expenses of higher education, the total Federal student debt owed equals $1,750,000,000,000. (4) More than 44,700,000 Americans have at least one outstanding student loan. (5) Student loan repayments are forcing millions of young families to delay purchasing their first home, as they cannot afford to save for a downpayment or qualify for a mortgage while also paying off student debt. (6) Data from the Federal Reserve shows that non-Hispanic White households have a median net worth of $181,440, while Black households have a median net worth of $20,730 and Hispanic households have $36,180; providing innovative financial products will allow the United States to reduce the racial wealth gap and to ensure equitable access to housing and economic mobility. (7) The COVID-19 pandemic has exacerbated the racial wealth gap by increasing unemployment within already disadvantaged communities and further reducing access to homeownership and increasing the burden of student debt. (8) According to a report from the Joint Center for Housing Studies of Harvard University, Black and Hispanic households are more likely to have their household income decline and to face hardship in paying rent and other monthly housing costs due to the COVID-19 pandemic. (9) It is imperative to create a demonstration program to design financial pathways to, where possible, systematically convert some student debt streams into equity streams through negotiation of mortgages; otherwise housing purchases will continue to be sluggish among first-time home buyers and thousands more Americans will enter their midyears saddled with student loan debt never having had the opportunity to accumulate equity. (10) It is in the interest of the Federal Government to use the resources at its disposal, including both housing properties held in trust and student debt obligations, to put reverse pressure on these downward trends. (11) By arranging financing that recalculates terms, debt- to-income ratios, mortgage interest rates, and other factors, short-term student debt could transition into longer-term home ownership. (12) The goal is to connect creditworthy Federal student debt holders with housing properties for sale and held by the Federal Government and local land banks. (13) Over time, participants can help restore neighborhoods, transform their debt to equity, and stabilize secured property values locally and on the Federal ledger by maintaining and investing in a home mortgage. SEC. 3. (a) Establishment.--From amounts appropriated pursuant to subsection (g), the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall establish and carry out a pilot demonstration program to-- (1) provide assistance to eligible applicants in purchasing eligible properties; and (2) subsequently analyze the results of the provision of such assistance. (b) Consultation.--In establishing and carrying out the program pursuant to subsection (a), the Secretary and the Director shall consult with-- (1) the Director of the Consumer Financial Protection Bureau; (2) the Secretary of Agriculture; (3) the Secretary of Veterans Affairs; (4) the Secretary of Education; and (5) the Secretary of the Treasury. ); (2) shall have an area median income at or below 120 percent; (3) may not be subject to a judgment secured through litigation with respect to such a loan under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. 1095a), and at the time of application for participation in the program under this section-- (A) such a loan shall be in repayment status as determined under section 428(b)(7)(A) of such Act (20 U.S.C. (B) Flexibility in underwriting standards related to the purchase of eligible properties for mortgages insured under title II of the National Housing Act (12 U.S.C. or owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (E) Pre-purchase counseling including related credit and financial coaching to eligible applicants. (F) Provision of a low- or no-interest mortgage rate. The Secretary shall use actuarial data and risk assessments to collateralize the mortgage provided through Federal funds. (e) Geographical Diversity.--In selecting eligible applicants to receive assistance under this section, the Secretary and the Director shall, to the extent practicable, consider the location of the eligible property to be purchased by the eligible applicant, including whether the eligible property is located in a rural or urban area, to ensure geographic diversity of such eligible properties. (f) Reports.-- (1) Interim report.--Not later than 180 days after the date of the enactment of this section, the Secretary and the Director shall submit to Congress an interim report describing the type of assistance the Secretary and the Director shall provide under the program established under this section. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Housing and Urban Development. 1707 et seq.) (4) Local land bank.--The term ``local land bank'' means-- (A) a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property; or (B) such other governmental or nongovernmental entity as the Secretary and the Director may determine appropriate. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this section for fiscal years 2023, 2024, and 2025.

H.R.9596

International Affairs

Uyghur Human Rights Sanctions Review Act This bill requires the Department of the Treasury to determine whether specified Chinese entities (1) are responsible for serious human rights abuses against Uyghurs or certain other predominantly Muslim ethnic groups, and (2) meet the criteria for the imposition of certain sanctions.

To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 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 ``Uyghur Human Rights Sanctions Review Act''. SEC. 2. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES MEET CRITERIA FOR IMPOSITION OF SANCTIONS. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall-- (1) determine whether any entity specified in subsection (b)-- (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under-- (i) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note); or (iii) Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; and (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities Specified.--An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. <all>

Uyghur Human Rights Sanctions Review Act

To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 2020.

Uyghur Human Rights Sanctions Review Act

Rep. Pfluger, August

R

TX

This bill requires the Department of the Treasury to determine whether specified Chinese entities (1) are responsible for serious human rights abuses against Uyghurs or certain other predominantly Muslim ethnic groups, and (2) meet the criteria for the imposition of certain sanctions.

To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 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 ``Uyghur Human Rights Sanctions Review Act''. SEC. 2. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES MEET CRITERIA FOR IMPOSITION OF SANCTIONS. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall-- (1) determine whether any entity specified in subsection (b)-- (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under-- (i) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note); or (iii) Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; and (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities Specified.--An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. <all>

To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 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 ``Uyghur Human Rights Sanctions Review Act''. SEC. 2. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES MEET CRITERIA FOR IMPOSITION OF SANCTIONS. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall-- (1) determine whether any entity specified in subsection (b)-- (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under-- (i) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note); or (iii) Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; and (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities Specified.--An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. <all>

To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 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 ``Uyghur Human Rights Sanctions Review Act''. SEC. 2. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES MEET CRITERIA FOR IMPOSITION OF SANCTIONS. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall-- (1) determine whether any entity specified in subsection (b)-- (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under-- (i) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note); or (iii) Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; and (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities Specified.--An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. <all>

To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 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 ``Uyghur Human Rights Sanctions Review Act''. SEC. 2. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES MEET CRITERIA FOR IMPOSITION OF SANCTIONS. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall-- (1) determine whether any entity specified in subsection (b)-- (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under-- (i) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note); or (iii) Executive Order 13818 (50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; and (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities Specified.--An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. <all>

S.2348

Commerce

Golden-preneurship Act This bill establishes the Golden Entrepreneurs Training and Demonstration Curriculum within the Office of Entrepreneurial Development of the Small Business Administration to provide small businesses owned by individuals who are 60 years of age or older with tools to accelerate the growth of those businesses. The bill also rescinds unobligated balances of amounts made available for the Community Navigator Pilot Program, which was an initiative designed to reduce barriers for underrepresented and underserved entrepreneurs in accessing small business support programs.

To establish within the Office of Entrepreneurial Development of the Small Business Administration a training curriculum relating to businesses owned by older individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Golden-preneurship Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``appropriate committees of Congress'' means-- (A) the Committee on Small Business and Entrepreneurship of the Senate; (B) the Special Committee on Aging of the Senate; and (C) the Committee on Small Business of the House of Representatives; (3) the term ``eligible entity'' means an operating business that is owned by an older individual; (4) the terms ``Federal agency'', ``Small Business Innovation Research Program'', and ``Small Business Technology Transfer Program'' have the meanings given the terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)); (5) the term ``older individual'' has the meaning given the term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); (6) the term ``operating business'' means a small business concern that, as of the date on which the small business concern seeks to enroll in the Program-- (A) has been in operation for not less than 3 years; and (B) for the most recently completed taxable year, had revenue of not less than $150,000; (7) the term ``Program'' means the Golden Entrepreneurs Training and Demonstration Curriculum established under section 4; (8) the term ``resource partner'' means-- (A) a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648); (B) the Service Corps of Retired Executives described in section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)); (C) a women's business center described in section 29 of the Small Business Act (15 U.S.C. 656); or (D) a Veteran Business Outreach Center; (9) the term ``selected entity'' means an entity selected by the Administrator to carry out the Program, as described in section 4(a)(3); and (10) the term ``small business concern'' has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). SEC. 3. FINDINGS. Congress finds the following: (1) In 2018-- (A) \1/2\ of all new successful entrepreneurs in the United States were older than 45 years of age; and (B) 3 out of 10 entrepreneurs in the United States were older than 50 years of age, a 50 percent increase since 2007. (2) As of the date of enactment of this Act, entrepreneurs who are older than 55 years of age represent 55 percent of all small business employers in the United States. (3) Businesses started by older entrepreneurs-- (A) represent some of the highest growth businesses in the United States; and (B) rank among the top 0.1 percent of startups, based on growth in the first 5 years of business. SEC. 4. GOLDEN ENTREPRENEURS CURRICULUM. (a) Establishment.--There is established within the Office of Entrepreneurial Development of the Small Business Administration the Golden Entrepreneurs Training and Demonstration Curriculum-- (1) the purpose of which shall be to provide eligible entities with tools to accelerate the growth of those entities; (2) which shall be a 210-day, comprehensive curriculum-- (A) to effectuate the purpose described in paragraph (1); (B) that provides to eligible entities the resources described in subsection (b); (C) which shall be customizable by an eligible entity enrolled in the curriculum; and (D) that has the capability for both in-person and virtual enrollment and participation; (3) that shall be carried out by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or by a resource partner, which the Administrator shall select after submitting a request for proposal with respect to that responsibility; and (4) that includes specific outreach, training, and engagement directed towards eligible entities that are located in, or that serve, rural areas. (b) Resources.--Under the Program, the Administrator, acting through a selected entity, shall provide to eligible entities the following: (1) Resources and training relating to-- (A) technology and digitization of business operations; (B) business expansion and hiring; (C) estate management and retirement strategies; and (D) the winding down of business operations, including training relating to-- (i) the sale of an eligible entity; (ii) the formation or transfer of assets to an employee stock ownership plan, as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986; and (iii) the transfer of the management functions of an eligible entity. (2) Access to capital resources and training. (3) Mentorship and networking opportunities. (4) Information regarding Federal and State government contracting opportunities. (5) With respect to the 2-year period after the date on which an eligible entity completes the Program-- (A) the establishment of benchmarks for the eligible entity with respect to the performance and growth of the eligible entity; and (B) feedback with respect to the benchmarks established under subparagraph (A). (c) Locations.--A training module under the Program shall be located in-- (1) a district office of the Small Business Administration; (2) a facility provided by a nonprofit organization that partners with the Small Business Administration; or (3) a facility provided by a resource partner. (d) Goal.--In carrying out the Program, the Administrator, acting through a selected entity, shall establish the goal of providing training to 1,000 eligible entities per year. (e) Rule of Construction.--Nothing in this section may be construed to prevent the Administrator from selecting multiple entities under subsection (a)(3) to carry out the responsibilities described in that provision. SEC. 5. DATA COLLECTION. (a) In General.--Beginning on the date that is 90 days after the date of enactment of this Act, the Administrator, in consultation with the head of any other Federal agency as may be necessary, shall track the number and dollar amount of-- (1) loans and grants made to older individuals, and to small business concerns owned by older individuals, under all of the programs of the Small Business Administration, including under-- (A) section 7(a) of the Small Business Act (15 U.S.C. 636(a)); (B) section 7(m) of the Small Business Act (15 U.S.C. 636(m)); and (C) title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); and (2) awards to small business concerns owned by older individuals under the Small Business Innovation Research Programs and Small Business Technology Transfer Programs. (b) Reporting Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report regarding the data collected under subsection (a) for the period covered by the report. (c) Continuation of Requirements.--The requirements under subsections (a) and (b) shall continue in effect without regard to whether the Program, or the authorization to carry out the Program, is repealed. SEC. 6. RESCISSION OF APPROPRIATIONS FOR COMMUNITY NAVIGATOR PILOT PROGRAM. Of the unobligated balances of amounts appropriated under section 5004(b)(2) of the American Rescue Plan Act of 2021 (Public Law 117-2) on the date of enactment of this Act, $6,000,000 is rescinded. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $3,000,000 for each of fiscal years 2022 and 2023 to carry out this Act. <all>

Golden-preneurship Act

A bill to establish within the Office of Entrepreneurial Development of the Small Business Administration a training curriculum relating to businesses owned by older individuals, and for other purposes.

Golden-preneurship Act

Sen. Scott, Tim

R

SC

This bill establishes the Golden Entrepreneurs Training and Demonstration Curriculum within the Office of Entrepreneurial Development of the Small Business Administration to provide small businesses owned by individuals who are 60 years of age or older with tools to accelerate the growth of those businesses. The bill also rescinds unobligated balances of amounts made available for the Community Navigator Pilot Program, which was an initiative designed to reduce barriers for underrepresented and underserved entrepreneurs in accessing small business support programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. 638(e)); (5) the term ``older individual'' has the meaning given the term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); (6) the term ``operating business'' means a small business concern that, as of the date on which the small business concern seeks to enroll in the Program-- (A) has been in operation for not less than 3 years; and (B) for the most recently completed taxable year, had revenue of not less than $150,000; (7) the term ``Program'' means the Golden Entrepreneurs Training and Demonstration Curriculum established under section 4; (8) the term ``resource partner'' means-- (A) a small business development center described in section 21 of the Small Business Act (15 U.S.C. 632(a)). 3. FINDINGS. Congress finds the following: (1) In 2018-- (A) \1/2\ of all new successful entrepreneurs in the United States were older than 45 years of age; and (B) 3 out of 10 entrepreneurs in the United States were older than 50 years of age, a 50 percent increase since 2007. 4. GOLDEN ENTREPRENEURS CURRICULUM. (4) Information regarding Federal and State government contracting opportunities. (5) With respect to the 2-year period after the date on which an eligible entity completes the Program-- (A) the establishment of benchmarks for the eligible entity with respect to the performance and growth of the eligible entity; and (B) feedback with respect to the benchmarks established under subparagraph (A). (c) Locations.--A training module under the Program shall be located in-- (1) a district office of the Small Business Administration; (2) a facility provided by a nonprofit organization that partners with the Small Business Administration; or (3) a facility provided by a resource partner. (d) Goal.--In carrying out the Program, the Administrator, acting through a selected entity, shall establish the goal of providing training to 1,000 eligible entities per year. (e) Rule of Construction.--Nothing in this section may be construed to prevent the Administrator from selecting multiple entities under subsection (a)(3) to carry out the responsibilities described in that provision. 636(a)); (B) section 7(m) of the Small Business Act (15 U.S.C. 695 et seq. ); and (2) awards to small business concerns owned by older individuals under the Small Business Innovation Research Programs and Small Business Technology Transfer Programs. (b) Reporting Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report regarding the data collected under subsection (a) for the period covered by the report. 6. RESCISSION OF APPROPRIATIONS FOR COMMUNITY NAVIGATOR PILOT PROGRAM. SEC. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. 638(e)); (5) the term ``older individual'' has the meaning given the term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 632(a)). 3. FINDINGS. 4. GOLDEN ENTREPRENEURS CURRICULUM. (4) Information regarding Federal and State government contracting opportunities. (5) With respect to the 2-year period after the date on which an eligible entity completes the Program-- (A) the establishment of benchmarks for the eligible entity with respect to the performance and growth of the eligible entity; and (B) feedback with respect to the benchmarks established under subparagraph (A). (c) Locations.--A training module under the Program shall be located in-- (1) a district office of the Small Business Administration; (2) a facility provided by a nonprofit organization that partners with the Small Business Administration; or (3) a facility provided by a resource partner. (d) Goal.--In carrying out the Program, the Administrator, acting through a selected entity, shall establish the goal of providing training to 1,000 eligible entities per year. (e) Rule of Construction.--Nothing in this section may be construed to prevent the Administrator from selecting multiple entities under subsection (a)(3) to carry out the responsibilities described in that provision. 636(a)); (B) section 7(m) of the Small Business Act (15 U.S.C. 695 et seq. ); and (2) awards to small business concerns owned by older individuals under the Small Business Innovation Research Programs and Small Business Technology Transfer Programs. (b) Reporting Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report regarding the data collected under subsection (a) for the period covered by the report. 6. SEC. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. 638(e)); (5) the term ``older individual'' has the meaning given the term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); (6) the term ``operating business'' means a small business concern that, as of the date on which the small business concern seeks to enroll in the Program-- (A) has been in operation for not less than 3 years; and (B) for the most recently completed taxable year, had revenue of not less than $150,000; (7) the term ``Program'' means the Golden Entrepreneurs Training and Demonstration Curriculum established under section 4; (8) the term ``resource partner'' means-- (A) a small business development center described in section 21 of the Small Business Act (15 U.S.C. 632(a)). 3. FINDINGS. Congress finds the following: (1) In 2018-- (A) \1/2\ of all new successful entrepreneurs in the United States were older than 45 years of age; and (B) 3 out of 10 entrepreneurs in the United States were older than 50 years of age, a 50 percent increase since 2007. 4. GOLDEN ENTREPRENEURS CURRICULUM. (b) Resources.--Under the Program, the Administrator, acting through a selected entity, shall provide to eligible entities the following: (1) Resources and training relating to-- (A) technology and digitization of business operations; (B) business expansion and hiring; (C) estate management and retirement strategies; and (D) the winding down of business operations, including training relating to-- (i) the sale of an eligible entity; (ii) the formation or transfer of assets to an employee stock ownership plan, as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986; and (iii) the transfer of the management functions of an eligible entity. (3) Mentorship and networking opportunities. (4) Information regarding Federal and State government contracting opportunities. (5) With respect to the 2-year period after the date on which an eligible entity completes the Program-- (A) the establishment of benchmarks for the eligible entity with respect to the performance and growth of the eligible entity; and (B) feedback with respect to the benchmarks established under subparagraph (A). (c) Locations.--A training module under the Program shall be located in-- (1) a district office of the Small Business Administration; (2) a facility provided by a nonprofit organization that partners with the Small Business Administration; or (3) a facility provided by a resource partner. (d) Goal.--In carrying out the Program, the Administrator, acting through a selected entity, shall establish the goal of providing training to 1,000 eligible entities per year. (e) Rule of Construction.--Nothing in this section may be construed to prevent the Administrator from selecting multiple entities under subsection (a)(3) to carry out the responsibilities described in that provision. DATA COLLECTION. 636(a)); (B) section 7(m) of the Small Business Act (15 U.S.C. 695 et seq. ); and (2) awards to small business concerns owned by older individuals under the Small Business Innovation Research Programs and Small Business Technology Transfer Programs. (b) Reporting Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report regarding the data collected under subsection (a) for the period covered by the report. 6. RESCISSION OF APPROPRIATIONS FOR COMMUNITY NAVIGATOR PILOT PROGRAM. Of the unobligated balances of amounts appropriated under section 5004(b)(2) of the American Rescue Plan Act of 2021 (Public Law 117-2) on the date of enactment of this Act, $6,000,000 is rescinded. SEC. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Golden-preneurship Act''. 2. DEFINITIONS. 638(e)); (5) the term ``older individual'' has the meaning given the term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002); (6) the term ``operating business'' means a small business concern that, as of the date on which the small business concern seeks to enroll in the Program-- (A) has been in operation for not less than 3 years; and (B) for the most recently completed taxable year, had revenue of not less than $150,000; (7) the term ``Program'' means the Golden Entrepreneurs Training and Demonstration Curriculum established under section 4; (8) the term ``resource partner'' means-- (A) a small business development center described in section 21 of the Small Business Act (15 U.S.C. 632(a)). 3. FINDINGS. Congress finds the following: (1) In 2018-- (A) \1/2\ of all new successful entrepreneurs in the United States were older than 45 years of age; and (B) 3 out of 10 entrepreneurs in the United States were older than 50 years of age, a 50 percent increase since 2007. (3) Businesses started by older entrepreneurs-- (A) represent some of the highest growth businesses in the United States; and (B) rank among the top 0.1 percent of startups, based on growth in the first 5 years of business. 4. GOLDEN ENTREPRENEURS CURRICULUM. (a) Establishment.--There is established within the Office of Entrepreneurial Development of the Small Business Administration the Golden Entrepreneurs Training and Demonstration Curriculum-- (1) the purpose of which shall be to provide eligible entities with tools to accelerate the growth of those entities; (2) which shall be a 210-day, comprehensive curriculum-- (A) to effectuate the purpose described in paragraph (1); (B) that provides to eligible entities the resources described in subsection (b); (C) which shall be customizable by an eligible entity enrolled in the curriculum; and (D) that has the capability for both in-person and virtual enrollment and participation; (3) that shall be carried out by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or by a resource partner, which the Administrator shall select after submitting a request for proposal with respect to that responsibility; and (4) that includes specific outreach, training, and engagement directed towards eligible entities that are located in, or that serve, rural areas. (b) Resources.--Under the Program, the Administrator, acting through a selected entity, shall provide to eligible entities the following: (1) Resources and training relating to-- (A) technology and digitization of business operations; (B) business expansion and hiring; (C) estate management and retirement strategies; and (D) the winding down of business operations, including training relating to-- (i) the sale of an eligible entity; (ii) the formation or transfer of assets to an employee stock ownership plan, as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986; and (iii) the transfer of the management functions of an eligible entity. (2) Access to capital resources and training. (3) Mentorship and networking opportunities. (4) Information regarding Federal and State government contracting opportunities. (5) With respect to the 2-year period after the date on which an eligible entity completes the Program-- (A) the establishment of benchmarks for the eligible entity with respect to the performance and growth of the eligible entity; and (B) feedback with respect to the benchmarks established under subparagraph (A). (c) Locations.--A training module under the Program shall be located in-- (1) a district office of the Small Business Administration; (2) a facility provided by a nonprofit organization that partners with the Small Business Administration; or (3) a facility provided by a resource partner. (d) Goal.--In carrying out the Program, the Administrator, acting through a selected entity, shall establish the goal of providing training to 1,000 eligible entities per year. (e) Rule of Construction.--Nothing in this section may be construed to prevent the Administrator from selecting multiple entities under subsection (a)(3) to carry out the responsibilities described in that provision. DATA COLLECTION. (a) In General.--Beginning on the date that is 90 days after the date of enactment of this Act, the Administrator, in consultation with the head of any other Federal agency as may be necessary, shall track the number and dollar amount of-- (1) loans and grants made to older individuals, and to small business concerns owned by older individuals, under all of the programs of the Small Business Administration, including under-- (A) section 7(a) of the Small Business Act (15 U.S.C. 636(a)); (B) section 7(m) of the Small Business Act (15 U.S.C. 695 et seq. ); and (2) awards to small business concerns owned by older individuals under the Small Business Innovation Research Programs and Small Business Technology Transfer Programs. (b) Reporting Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report regarding the data collected under subsection (a) for the period covered by the report. (c) Continuation of Requirements.--The requirements under subsections (a) and (b) shall continue in effect without regard to whether the Program, or the authorization to carry out the Program, is repealed. 6. RESCISSION OF APPROPRIATIONS FOR COMMUNITY NAVIGATOR PILOT PROGRAM. Of the unobligated balances of amounts appropriated under section 5004(b)(2) of the American Rescue Plan Act of 2021 (Public Law 117-2) on the date of enactment of this Act, $6,000,000 is rescinded. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $3,000,000 for each of fiscal years 2022 and 2023 to carry out this Act.

S.181

Civil Rights and Liberties, Minority Issues

Fred Korematsu Congressional Gold Medal Act of 2021 This bill provides for the award of a Congressional Gold Medal posthumously to Fred Korematsu in recognition of his contributions to civil rights, his loyalty and patriotism to the nation, and his dedication to justice and equality.

To posthumously award a Congressional Gold Medal to Fred Korematsu, in recognition of his dedication to justice and equality. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fred Korematsu Congressional Gold Medal Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California to Japanese immigrants. (2) Fred Korematsu graduated from Castlemont High School in 1937 and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien, even though Fred Korematsu was a United States citizen. (3) Fred Korematsu trained as a welder and worked as a foreman at the docks in Oakland until the date on which he and all Japanese Americans were fired. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. (5) On February 19, 1942, President Franklin D. Roosevelt signed Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), which authorized the Secretary of War to prescribe military areas-- (A) from which any or all people could be excluded; and (B) with respect to which, the right of any person to enter, remain in, or leave would be subject to any restriction the Military Commander imposed in his discretion. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the ``Civilian Exclusion Order'') directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. (7) Fred Korematsu refused to comply with the Civilian Exclusion Order and was arrested on May 30, 1942. (8) After his arrest, Fred Korematsu-- (A) was held for 2\1/2\ months in the Presidio stockade in San Francisco, California; (B) was convicted on September 8, 1942, of violating the Civilian Exclusion Order and sentenced to 5 years of probation; and (C) was detained at Tanforan Assembly Center, a former horse racetrack used as a holding facility for Japanese Americans before he was exiled with his family to the Topaz incarceration camp in the State of Utah. (9) More than 120,000 Japanese Americans were similarly detained, with no charges brought and without due process, in 10 permanent War Relocation Authority camps and other temporary camps located in the States of Alaska, Arizona, Arkansas, California, Colorado, Idaho, Utah, and Wyoming, many in isolated areas. (10) The people of the United States subject to the Civilian Exclusion Order lost their homes, livelihoods, and the freedoms guaranteed to all people of the United States. (11) Fred Korematsu unsuccessfully challenged the Civilian Exclusion Order as it applied to him and appealed the decision of the United States District Court to the United States Court of Appeals for the Ninth Circuit, which sustained his conviction. (12) Fred Korematsu was subsequently confined with his family in the incarceration camp in Topaz, Utah, for 2 years, and during that time, Fred Korematsu appealed his conviction to the Supreme Court of the United States. (13) On December 18, 1944, the Supreme Court of the United States issued Korematsu v. United States, 323 U.S. 214 (1944), which-- (A) upheld the conviction of Fred Korematsu by a vote of 6 to 3; and (B) concluded that Fred Korematsu was removed from his home not based on hostility toward him or other Japanese Americans but because the United States was at war with Japan and the military feared a Japanese invasion of the West Coast. (14) In his dissenting opinion, Justice Frank Murphy called the Civilian Exclusion Order the ``legalization of racism''. (15) Two other Supreme Court Justices dissented from the majority decision in Korematsu v. United States, including Justice Jackson, who described the validation of the principle of racial discrimination as a ``loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need''. (16) Fred Korematsu continued to maintain his innocence for decades following World War II, and his conviction hampered his ability to gain employment. (17) In 1982, legal historian Peter Irons and researcher Aiko Yoshinaga-Herzig gained access to Government documents under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), that indicate that while the case of Fred Korematsu was before the Supreme Court of the United States, the Government misled the Supreme Court of the United States and suppressed findings that Japanese Americans on the West Coast were not security threats. (18) In light of the newly discovered information, Fred Korematsu filed a writ of error coram nobis with the United States District Court for the Northern District of California, and on November 10, 1983, United States District Judge Marilyn Hall Patel issued her decision in Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984), that-- (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that ``the government knowingly withheld information from the courts when they were considering the critical question of military necessity'' in the original case; (D) recognized that ``there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. The information was critical to the court's determination''; and (E) stated that although the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), remains on the pages of United States legal and political history, ``[a]s historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees''. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), concluded that-- (A) the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), is overruled by the court of history; (B) a grave personal injustice was done to the United States citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed, and detained by the United States during World War II; and (C) the exclusion, removal, and detention of United States citizens and resident aliens of Japanese ancestry were motivated largely by ``racial prejudice, wartime hysteria, and a failure of political leadership''. (20) The overturning of the conviction of Fred Korematsu and the findings of the Commission on Wartime Relocation and Internment of Civilians influenced the decision by Congress to pass the Civil Liberties Act of 1988 (50 U.S.C. 4211 et seq.) to request a Presidential apology and the symbolic payment of compensation to people of Japanese ancestry who lost liberty or property due to discriminatory actions of the Federal Government. (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 (50 U.S.C. 4211 et seq.), stating, ``[H]ere we admit a wrong; here we reaffirm our commitment as a nation to equal justice under the law.''. (22) On January 15, 1998, President Clinton awarded the Presidential Medal of Freedom, the highest civilian award of the United States, to Fred Korematsu, stating, ``[i]n the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks. To that distinguished list, today we add the name of Fred Korematsu.''. (23) Fred Korematsu remained a tireless advocate for civil liberties and justice throughout his life by-- (A) speaking out against racial discrimination and violence; and (B) cautioning the Government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race, ethnicity, nationality, or religion. (24) On March 30, 2005, Fred Korematsu died at the age of 86 in Marin County, California. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the United States, and his dedication to justice and equality. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of Fred Korematsu under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under subparagraph (1) available for-- (A) display, particularly at the National Portrait Gallery; or (B) loan, as appropriate, so that the medal may be displayed elsewhere. SEC. 4. DUPLICATE MEDALS. Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medals struck under this Act, at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. <all>

Fred Korematsu Congressional Gold Medal Act of 2021

A bill to posthumously award a Congressional Gold Medal to Fred Korematsu, in recognition of his dedication to justice and equality.

Fred Korematsu Congressional Gold Medal Act of 2021

Sen. Hirono, Mazie K.

D

HI

This bill provides for the award of a Congressional Gold Medal posthumously to Fred Korematsu in recognition of his contributions to civil rights, his loyalty and patriotism to the nation, and his dedication to justice and equality.

SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California to Japanese immigrants. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the ``Civilian Exclusion Order'') directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. 1406 (N.D. Cal. 1984), that-- (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that ``the government knowingly withheld information from the courts when they were considering the critical question of military necessity'' in the original case; (D) recognized that ``there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 4211 et seq.) (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 (50 U.S.C. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. 3. CONGRESSIONAL GOLD MEDAL. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of Fred Korematsu under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. 4. DUPLICATE MEDALS. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California to Japanese immigrants. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the ``Civilian Exclusion Order'') directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. 1984), that-- (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that ``the government knowingly withheld information from the courts when they were considering the critical question of military necessity'' in the original case; (D) recognized that ``there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 4211 et seq.) (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 (50 U.S.C. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. 3. CONGRESSIONAL GOLD MEDAL. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 4. DUPLICATE MEDALS. 5. SEC. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California to Japanese immigrants. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. 1407 (February 25, 1942)), which authorized the Secretary of War to prescribe military areas-- (A) from which any or all people could be excluded; and (B) with respect to which, the right of any person to enter, remain in, or leave would be subject to any restriction the Military Commander imposed in his discretion. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the ``Civilian Exclusion Order'') directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. (9) More than 120,000 Japanese Americans were similarly detained, with no charges brought and without due process, in 10 permanent War Relocation Authority camps and other temporary camps located in the States of Alaska, Arizona, Arkansas, California, Colorado, Idaho, Utah, and Wyoming, many in isolated areas. (15) Two other Supreme Court Justices dissented from the majority decision in Korematsu v. United States, including Justice Jackson, who described the validation of the principle of racial discrimination as a ``loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need''. (18) In light of the newly discovered information, Fred Korematsu filed a writ of error coram nobis with the United States District Court for the Northern District of California, and on November 10, 1983, United States District Judge Marilyn Hall Patel issued her decision in Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984), that-- (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that ``the government knowingly withheld information from the courts when they were considering the critical question of military necessity'' in the original case; (D) recognized that ``there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 4211 et seq.) (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 (50 U.S.C. (22) On January 15, 1998, President Clinton awarded the Presidential Medal of Freedom, the highest civilian award of the United States, to Fred Korematsu, stating, ``[i]n the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. 3. CONGRESSIONAL GOLD MEDAL. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of Fred Korematsu under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. 4. DUPLICATE MEDALS. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California to Japanese immigrants. (2) Fred Korematsu graduated from Castlemont High School in 1937 and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien, even though Fred Korematsu was a United States citizen. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. 1407 (February 25, 1942)), which authorized the Secretary of War to prescribe military areas-- (A) from which any or all people could be excluded; and (B) with respect to which, the right of any person to enter, remain in, or leave would be subject to any restriction the Military Commander imposed in his discretion. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the ``Civilian Exclusion Order'') directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. (8) After his arrest, Fred Korematsu-- (A) was held for 2\1/2\ months in the Presidio stockade in San Francisco, California; (B) was convicted on September 8, 1942, of violating the Civilian Exclusion Order and sentenced to 5 years of probation; and (C) was detained at Tanforan Assembly Center, a former horse racetrack used as a holding facility for Japanese Americans before he was exiled with his family to the Topaz incarceration camp in the State of Utah. (9) More than 120,000 Japanese Americans were similarly detained, with no charges brought and without due process, in 10 permanent War Relocation Authority camps and other temporary camps located in the States of Alaska, Arizona, Arkansas, California, Colorado, Idaho, Utah, and Wyoming, many in isolated areas. (14) In his dissenting opinion, Justice Frank Murphy called the Civilian Exclusion Order the ``legalization of racism''. (15) Two other Supreme Court Justices dissented from the majority decision in Korematsu v. United States, including Justice Jackson, who described the validation of the principle of racial discrimination as a ``loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need''. (16) Fred Korematsu continued to maintain his innocence for decades following World War II, and his conviction hampered his ability to gain employment. (18) In light of the newly discovered information, Fred Korematsu filed a writ of error coram nobis with the United States District Court for the Northern District of California, and on November 10, 1983, United States District Judge Marilyn Hall Patel issued her decision in Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984), that-- (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that ``the government knowingly withheld information from the courts when they were considering the critical question of military necessity'' in the original case; (D) recognized that ``there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 4211 et seq.) (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 (50 U.S.C. ), stating, ``[H]ere we admit a wrong; here we reaffirm our commitment as a nation to equal justice under the law.''. (22) On January 15, 1998, President Clinton awarded the Presidential Medal of Freedom, the highest civilian award of the United States, to Fred Korematsu, stating, ``[i]n the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks. (23) Fred Korematsu remained a tireless advocate for civil liberties and justice throughout his life by-- (A) speaking out against racial discrimination and violence; and (B) cautioning the Government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race, ethnicity, nationality, or religion. (24) On March 30, 2005, Fred Korematsu died at the age of 86 in Marin County, California. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. 3. CONGRESSIONAL GOLD MEDAL. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of Fred Korematsu under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. 4. DUPLICATE MEDALS. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

H.R.9573

Government Operations and Politics

Jumpstarting Accountability Relating to Ethical Disclosures Act or the JARED Act This bill prohibits former political appointees from investing in a company in which a foreign principal has also invested within four years of initially communicating about the investment when the appointee was still a federal employee.

To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Accountability Relating to Ethical Disclosures Act'' or the ``JARED Act''. SEC. 2. PROHIBITION RELATING TO FOREIGN ENTITIES. Section 207(f) of title 18, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by adding after paragraph (2) the following new paragraph: ``(3) Special rule for former political appointees on investments or management roles.--Any person who is a former political appointee who, within 4 years of any communication between such person and a foreign principal or an agent of a foreign principal involving prospective business dealings or investments by such person which occurred at the time such person was an employee of the Federal Government, knowingly invests in or serves in a managerial role with respect to an investment company in which such foreign principal has also invested shall be subject to the penalties set forth in section 216 of this title.''; and (3) in paragraph (4), as redesignated by paragraph (1)-- (A) by striking ``this subsection,'' and inserting ``this subsection--''; (B) by striking ``the term'' and inserting ``(A) the term''; (C) by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(B) the terms `foreign principal' and `agent of a foreign principal' have the meaning given such terms in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); ``(C) the term `investment company' has the meaning given such term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3); and ``(D) the term `political appointee' has the meaning given such term in section 4(a) of the Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note).''. <all>

JARED Act

To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes.

JARED Act Jumpstarting Accountability Relating to Ethical Disclosures Act

Rep. Beyer, Donald S., Jr.

D

VA

This bill prohibits former political appointees from investing in a company in which a foreign principal has also invested within four years of initially communicating about the investment when the appointee was still a federal employee.

To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Accountability Relating to Ethical Disclosures Act'' or the ``JARED Act''. SEC. 2. PROHIBITION RELATING TO FOREIGN ENTITIES. Section 207(f) of title 18, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by adding after paragraph (2) the following new paragraph: ``(3) Special rule for former political appointees on investments or management roles.--Any person who is a former political appointee who, within 4 years of any communication between such person and a foreign principal or an agent of a foreign principal involving prospective business dealings or investments by such person which occurred at the time such person was an employee of the Federal Government, knowingly invests in or serves in a managerial role with respect to an investment company in which such foreign principal has also invested shall be subject to the penalties set forth in section 216 of this title.''; and (3) in paragraph (4), as redesignated by paragraph (1)-- (A) by striking ``this subsection,'' and inserting ``this subsection--''; (B) by striking ``the term'' and inserting ``(A) the term''; (C) by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(B) the terms `foreign principal' and `agent of a foreign principal' have the meaning given such terms in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); ``(C) the term `investment company' has the meaning given such term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3); and ``(D) the term `political appointee' has the meaning given such term in section 4(a) of the Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note).''. <all>

To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Accountability Relating to Ethical Disclosures Act'' or the ``JARED Act''. SEC. 2. PROHIBITION RELATING TO FOREIGN ENTITIES. Section 207(f) of title 18, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by adding after paragraph (2) the following new paragraph: ``(3) Special rule for former political appointees on investments or management roles.--Any person who is a former political appointee who, within 4 years of any communication between such person and a foreign principal or an agent of a foreign principal involving prospective business dealings or investments by such person which occurred at the time such person was an employee of the Federal Government, knowingly invests in or serves in a managerial role with respect to an investment company in which such foreign principal has also invested shall be subject to the penalties set forth in section 216 of this title. ''; and (3) in paragraph (4), as redesignated by paragraph (1)-- (A) by striking ``this subsection,'' and inserting ``this subsection--''; (B) by striking ``the term'' and inserting ``(A) the term''; (C) by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(B) the terms `foreign principal' and `agent of a foreign principal' have the meaning given such terms in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); ``(C) the term `investment company' has the meaning given such term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 3101 note).''.

To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Accountability Relating to Ethical Disclosures Act'' or the ``JARED Act''. SEC. 2. PROHIBITION RELATING TO FOREIGN ENTITIES. Section 207(f) of title 18, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by adding after paragraph (2) the following new paragraph: ``(3) Special rule for former political appointees on investments or management roles.--Any person who is a former political appointee who, within 4 years of any communication between such person and a foreign principal or an agent of a foreign principal involving prospective business dealings or investments by such person which occurred at the time such person was an employee of the Federal Government, knowingly invests in or serves in a managerial role with respect to an investment company in which such foreign principal has also invested shall be subject to the penalties set forth in section 216 of this title.''; and (3) in paragraph (4), as redesignated by paragraph (1)-- (A) by striking ``this subsection,'' and inserting ``this subsection--''; (B) by striking ``the term'' and inserting ``(A) the term''; (C) by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(B) the terms `foreign principal' and `agent of a foreign principal' have the meaning given such terms in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); ``(C) the term `investment company' has the meaning given such term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3); and ``(D) the term `political appointee' has the meaning given such term in section 4(a) of the Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note).''. <all>

To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Accountability Relating to Ethical Disclosures Act'' or the ``JARED Act''. SEC. 2. PROHIBITION RELATING TO FOREIGN ENTITIES. Section 207(f) of title 18, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by adding after paragraph (2) the following new paragraph: ``(3) Special rule for former political appointees on investments or management roles.--Any person who is a former political appointee who, within 4 years of any communication between such person and a foreign principal or an agent of a foreign principal involving prospective business dealings or investments by such person which occurred at the time such person was an employee of the Federal Government, knowingly invests in or serves in a managerial role with respect to an investment company in which such foreign principal has also invested shall be subject to the penalties set forth in section 216 of this title.''; and (3) in paragraph (4), as redesignated by paragraph (1)-- (A) by striking ``this subsection,'' and inserting ``this subsection--''; (B) by striking ``the term'' and inserting ``(A) the term''; (C) by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(B) the terms `foreign principal' and `agent of a foreign principal' have the meaning given such terms in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); ``(C) the term `investment company' has the meaning given such term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3); and ``(D) the term `political appointee' has the meaning given such term in section 4(a) of the Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (5 U.S.C. 3101 note).''. <all>

H.R.6719

Water Resources Development

This bill provides for furnishing assistance to nonfederal interests for water-related, environmental infrastructure and resource protection and development projects in northern and southern West Virginia. The bill includes Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, and Pendleton counties in central West Virginia as part of the Southern West Virginia Environmental Restoration Infrastructure and Resource Protection Development Pilot Program. The bill redesignates the area of the pilot program to provide environmental assistance to nonfederal interests in central West Virginia to that of northern West Virginia. The bill replaces the definition of the counties comprising central West Virginia with a definition of the counties comprising northern West Virginia.

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM. Section 340(f) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by inserting ``Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, Pendleton,'' before ``Raleigh''. SEC. 2. NORTHERN WEST VIRGINIA. Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended-- (1) in the section heading by striking ``central'' and inserting ``northern''; (2) by striking ``central'' and inserting ``northern'' each place it appears; and (3) by striking subsection (a) and inserting the following: ``(a) Definition of Northern West Virginia.--In this section, the term `northern West Virginia' means the counties of Lewis, Upshur, Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Brooke, and Ritchie, West Virginia.''. <all>

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes.

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes.

Rep. McKinley, David B.

R

WV

This bill provides for furnishing assistance to nonfederal interests for water-related, environmental infrastructure and resource protection and development projects in northern and southern West Virginia. The bill includes Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, and Pendleton counties in central West Virginia as part of the Southern West Virginia Environmental Restoration Infrastructure and Resource Protection Development Pilot Program. The bill redesignates the area of the pilot program to provide environmental assistance to nonfederal interests in central West Virginia to that of northern West Virginia. The bill replaces the definition of the counties comprising central West Virginia with a definition of the counties comprising northern West Virginia.

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM. Section 340(f) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by inserting ``Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, Pendleton,'' before ``Raleigh''. SEC. 2. NORTHERN WEST VIRGINIA. Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended-- (1) in the section heading by striking ``central'' and inserting ``northern''; (2) by striking ``central'' and inserting ``northern'' each place it appears; and (3) by striking subsection (a) and inserting the following: ``(a) Definition of Northern West Virginia.--In this section, the term `northern West Virginia' means the counties of Lewis, Upshur, Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Brooke, and Ritchie, West Virginia.''. <all>

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM. Section 340(f) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by inserting ``Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, Pendleton,'' before ``Raleigh''. SEC. 2. NORTHERN WEST VIRGINIA. Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended-- (1) in the section heading by striking ``central'' and inserting ``northern''; (2) by striking ``central'' and inserting ``northern'' each place it appears; and (3) by striking subsection (a) and inserting the following: ``(a) Definition of Northern West Virginia.--In this section, the term `northern West Virginia' means the counties of Lewis, Upshur, Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Brooke, and Ritchie, West Virginia.''. <all>

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM. Section 340(f) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by inserting ``Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, Pendleton,'' before ``Raleigh''. SEC. 2. NORTHERN WEST VIRGINIA. Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended-- (1) in the section heading by striking ``central'' and inserting ``northern''; (2) by striking ``central'' and inserting ``northern'' each place it appears; and (3) by striking subsection (a) and inserting the following: ``(a) Definition of Northern West Virginia.--In this section, the term `northern West Virginia' means the counties of Lewis, Upshur, Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Brooke, and Ritchie, West Virginia.''. <all>

To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM. Section 340(f) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by inserting ``Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, Pendleton,'' before ``Raleigh''. SEC. 2. NORTHERN WEST VIRGINIA. Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended-- (1) in the section heading by striking ``central'' and inserting ``northern''; (2) by striking ``central'' and inserting ``northern'' each place it appears; and (3) by striking subsection (a) and inserting the following: ``(a) Definition of Northern West Virginia.--In this section, the term `northern West Virginia' means the counties of Lewis, Upshur, Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Brooke, and Ritchie, West Virginia.''. <all>

S.2546

Health

Reef Safe Act of 2021 This bill requires the Food and Drug Administration (FDA) to develop labeling criteria and standards for Reef Safe and Ocean Safe designations on nonprescription sunscreen. The FDA must also review (and revise if necessary) the criteria and standards for such designations at least once every 10 years.

To require the Commissioner of Food and Drugs to develop standards for ``Reef Safe'' and ``Ocean Safe'' labels for sunscreen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reef Safe Act of 2021''. SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE'' SUNSCREEN. (a) In General.--As soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop labeling criteria for ``Reef Safe'' and ``Ocean Safe'' designations for nonprescription sunscreen, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration. (b) Reef Safe Label.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop standards for use of the term ``Reef Safe'' on the labeling of nonprescription sunscreen, which shall conform with the requirements of section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352). (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of coral reef ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report titled ``Environmental Impact of Currently Marketed Sunscreens and Potential Human Impacts of Changes in Sunscreen Usage''. (c) Ocean Safe Label.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop standards for use of the term ``Ocean Safe'' on the labeling of nonprescription sunscreen, which shall conform with the requirements of section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352). (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae, and ecologically- or economically-valuable marine and coastal ecosystems including estuaries, wetlands, tidal marshes, mangroves, kelp forests, seagrass meadows, lagoons, salt marshes, and intertidal zones; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of marine and coastal ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report, titled ``Environmental Impacts of Currently Marketed Sunscreens and Potential Human Impact of Changes in Sunscreen Usage''. (d) Review and Revision.--Not less frequently than once every 10 years, the Secretary, acting through the Commissioner and in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, and taking into consideration scientific studies of the Food and Drug Administration, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration, shall-- (1) review the labeling standards in effect under subsections (b)(1) and (c)(1); (2) if appropriate, revise the criteria under subsections (b)(2) and (c)(2); and (3) in accordance with such criteria, as revised under paragraph (2) as applicable, update the labeling standards under subsections (b)(1) and (c)(1). (e) Non-Preemption.--Nothing in this section shall be construed to prevent a State from establishing, enforcing, or maintaining a requirement with respect to labeling criteria for a ``Reef Safe'' or ``Ocean Safe'' designation for nonprescription sunscreen, provided that any such State law is at least as restrictive as the requirements established under this section. (f) Rule of Construction.--Nothing in this Act shall be construed as prohibiting or limiting the sale of any sunscreen product. (g) Definitions.--In this section-- (1) the terms ``active sunscreen ingredient'', ``nonprescription'', and ``sunscreen'' have the meanings given such terms in section 586 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff); (2) the terms ``coral'' and ``coral reef ecosystem'' have the meanings given such terms in section 210 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6409); (3) the term ``Commissioner'' means the Commissioner of Food and Drugs; and (4) the term ``Secretary'', unless specified otherwise, means the Secretary of Health and Human Services. <all>

Reef Safe Act of 2021

A bill to require the Commissioner of Food and Drugs to develop standards for "Reef Safe" and "Ocean Safe" labels for sunscreen.

Reef Safe Act of 2021

Sen. Merkley, Jeff

D

OR

This bill requires the Food and Drug Administration (FDA) to develop labeling criteria and standards for Reef Safe and Ocean Safe designations on nonprescription sunscreen. The FDA must also review (and revise if necessary) the criteria and standards for such designations at least once 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 ``Reef Safe Act of 2021''. SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE'' SUNSCREEN. (a) In General.--As soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop labeling criteria for ``Reef Safe'' and ``Ocean Safe'' designations for nonprescription sunscreen, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration. (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of coral reef ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report titled ``Environmental Impact of Currently Marketed Sunscreens and Potential Human Impacts of Changes in Sunscreen Usage''. 352). (d) Review and Revision.--Not less frequently than once every 10 years, the Secretary, acting through the Commissioner and in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, and taking into consideration scientific studies of the Food and Drug Administration, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration, shall-- (1) review the labeling standards in effect under subsections (b)(1) and (c)(1); (2) if appropriate, revise the criteria under subsections (b)(2) and (c)(2); and (3) in accordance with such criteria, as revised under paragraph (2) as applicable, update the labeling standards under subsections (b)(1) and (c)(1). (e) Non-Preemption.--Nothing in this section shall be construed to prevent a State from establishing, enforcing, or maintaining a requirement with respect to labeling criteria for a ``Reef Safe'' or ``Ocean Safe'' designation for nonprescription sunscreen, provided that any such State law is at least as restrictive as the requirements established under this section. (f) Rule of Construction.--Nothing in this Act shall be construed as prohibiting or limiting the sale of any sunscreen product. (g) Definitions.--In this section-- (1) the terms ``active sunscreen ingredient'', ``nonprescription'', and ``sunscreen'' have the meanings given such terms in section 586 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 6409); (3) the term ``Commissioner'' means the Commissioner of Food and Drugs; and (4) the term ``Secretary'', unless specified otherwise, means the Secretary of Health and Human 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 ``Reef Safe Act of 2021''. SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE'' SUNSCREEN. (a) In General.--As soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop labeling criteria for ``Reef Safe'' and ``Ocean Safe'' designations for nonprescription sunscreen, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration. (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of coral reef ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report titled ``Environmental Impact of Currently Marketed Sunscreens and Potential Human Impacts of Changes in Sunscreen Usage''. 352). (e) Non-Preemption.--Nothing in this section shall be construed to prevent a State from establishing, enforcing, or maintaining a requirement with respect to labeling criteria for a ``Reef Safe'' or ``Ocean Safe'' designation for nonprescription sunscreen, provided that any such State law is at least as restrictive as the requirements established under this section. (f) Rule of Construction.--Nothing in this Act shall be construed as prohibiting or limiting the sale of any sunscreen product. (g) Definitions.--In this section-- (1) the terms ``active sunscreen ingredient'', ``nonprescription'', and ``sunscreen'' have the meanings given such terms in section 586 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 6409); (3) the term ``Commissioner'' means the Commissioner of Food and Drugs; and (4) the term ``Secretary'', unless specified otherwise, means the Secretary of Health and Human Services.

To require the Commissioner of Food and Drugs to develop standards for ``Reef Safe'' and ``Ocean Safe'' labels for sunscreen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reef Safe Act of 2021''. SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE'' SUNSCREEN. (a) In General.--As soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop labeling criteria for ``Reef Safe'' and ``Ocean Safe'' designations for nonprescription sunscreen, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration. (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of coral reef ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report titled ``Environmental Impact of Currently Marketed Sunscreens and Potential Human Impacts of Changes in Sunscreen Usage''. 352). (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae, and ecologically- or economically-valuable marine and coastal ecosystems including estuaries, wetlands, tidal marshes, mangroves, kelp forests, seagrass meadows, lagoons, salt marshes, and intertidal zones; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of marine and coastal ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report, titled ``Environmental Impacts of Currently Marketed Sunscreens and Potential Human Impact of Changes in Sunscreen Usage''. (d) Review and Revision.--Not less frequently than once every 10 years, the Secretary, acting through the Commissioner and in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, and taking into consideration scientific studies of the Food and Drug Administration, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration, shall-- (1) review the labeling standards in effect under subsections (b)(1) and (c)(1); (2) if appropriate, revise the criteria under subsections (b)(2) and (c)(2); and (3) in accordance with such criteria, as revised under paragraph (2) as applicable, update the labeling standards under subsections (b)(1) and (c)(1). (e) Non-Preemption.--Nothing in this section shall be construed to prevent a State from establishing, enforcing, or maintaining a requirement with respect to labeling criteria for a ``Reef Safe'' or ``Ocean Safe'' designation for nonprescription sunscreen, provided that any such State law is at least as restrictive as the requirements established under this section. (f) Rule of Construction.--Nothing in this Act shall be construed as prohibiting or limiting the sale of any sunscreen product. (g) Definitions.--In this section-- (1) the terms ``active sunscreen ingredient'', ``nonprescription'', and ``sunscreen'' have the meanings given such terms in section 586 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff); (2) the terms ``coral'' and ``coral reef ecosystem'' have the meanings given such terms in section 210 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6409); (3) the term ``Commissioner'' means the Commissioner of Food and Drugs; and (4) the term ``Secretary'', unless specified otherwise, means the Secretary of Health and Human Services.

To require the Commissioner of Food and Drugs to develop standards for ``Reef Safe'' and ``Ocean Safe'' labels for sunscreen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reef Safe Act of 2021''. SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE'' SUNSCREEN. (a) In General.--As soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop labeling criteria for ``Reef Safe'' and ``Ocean Safe'' designations for nonprescription sunscreen, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration. (b) Reef Safe Label.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop standards for use of the term ``Reef Safe'' on the labeling of nonprescription sunscreen, which shall conform with the requirements of section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352). (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of coral reef ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report titled ``Environmental Impact of Currently Marketed Sunscreens and Potential Human Impacts of Changes in Sunscreen Usage''. (c) Ocean Safe Label.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop standards for use of the term ``Ocean Safe'' on the labeling of nonprescription sunscreen, which shall conform with the requirements of section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352). (2) Criteria and consultation.--In developing the standards described in paragraph (1), the Secretary shall-- (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae, and ecologically- or economically-valuable marine and coastal ecosystems including estuaries, wetlands, tidal marshes, mangroves, kelp forests, seagrass meadows, lagoons, salt marshes, and intertidal zones; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of marine and coastal ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report, titled ``Environmental Impacts of Currently Marketed Sunscreens and Potential Human Impact of Changes in Sunscreen Usage''. (d) Review and Revision.--Not less frequently than once every 10 years, the Secretary, acting through the Commissioner and in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, and taking into consideration scientific studies of the Food and Drug Administration, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration, shall-- (1) review the labeling standards in effect under subsections (b)(1) and (c)(1); (2) if appropriate, revise the criteria under subsections (b)(2) and (c)(2); and (3) in accordance with such criteria, as revised under paragraph (2) as applicable, update the labeling standards under subsections (b)(1) and (c)(1). (e) Non-Preemption.--Nothing in this section shall be construed to prevent a State from establishing, enforcing, or maintaining a requirement with respect to labeling criteria for a ``Reef Safe'' or ``Ocean Safe'' designation for nonprescription sunscreen, provided that any such State law is at least as restrictive as the requirements established under this section. (f) Rule of Construction.--Nothing in this Act shall be construed as prohibiting or limiting the sale of any sunscreen product. (g) Definitions.--In this section-- (1) the terms ``active sunscreen ingredient'', ``nonprescription'', and ``sunscreen'' have the meanings given such terms in section 586 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff); (2) the terms ``coral'' and ``coral reef ecosystem'' have the meanings given such terms in section 210 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6409); (3) the term ``Commissioner'' means the Commissioner of Food and Drugs; and (4) the term ``Secretary'', unless specified otherwise, means the Secretary of Health and Human Services. <all>

H.R.2595

Transportation and Public Works

Rural Opportunities to Use Transportation for Economic Success Act or the ROUTES Act This bill provides statutory authority for the Rural Opportunities to Use Transportation for Economic Success (ROUTES) Initiative at the Department of Transportation (DOT). The purpose of the initiative is to (1) improve analysis of rural projects applying for DOT discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting transportation infrastructure investment needs in a financially sustainable manner. To carry out the mission of the initiative, DOT must establish the ROUTES Council.

To establish a Rural Opportunities to Use Transportation for Economic Success Initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Opportunities to Use Transportation for Economic Success Act'' or the ``ROUTES Act''. SEC. 2. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS INITIATIVE. (a) In General.--The Secretary of Transportation shall establish the Rural Opportunities to Use Transportation for Economic Success Initiative (hereinafter referred to as the ``ROUTES Office''), to-- (1) improve analysis of rural projects applying for Department of Transportation discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and the economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting the Nation's transportation infrastructure investment need in a financially sustainable manner. (b) Objectives.--The ROUTES Office shall-- (1) collect input from knowledgeable entities and the public on the benefits of rural transportation projects, the technical and financial assistance required for constructing and operating rural transportation infrastructure and services, and barriers and opportunities to funding such rural transportation projects; (2) evaluate data on rural transportation challenges and determining methods to align the Department of Transportation's discretionary funding and financing opportunities with the needs of rural communities for meeting National transportation goals; and (3) educate rural communities about applicable Department of Transportation discretionary grants, developing effective methods to evaluate rural projects in discretionary grant programs, and communicating those methods through program guidance. (c) ROUTES Council.-- (1) In general.--The Secretary shall establish the ROUTES Council (hereinafter referred to as the ``Council'') to-- (A) organize, guide, and lead the ROUTES Office; and (B) coordinate rural-related funding programs and assistance among the modal administrations. (2) Membership.-- (A) In general.--The Council shall be composed of the following officers of the Department of Transportation, or their designees: (i) The Under Secretary of Transportation for Policy. (ii) The General Counsel. (iii) The Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Assistant Secretary for Research and Technology. (v) The Administrators of the-- (I) Federal Aviation Administration; (II) Federal Highway Administration; (III) Federal Railroad Administration; and (IV) Federal Transit Administration. (vi) The Chief Infrastructure Funding Officer. (vii) The Assistant Secretary of Government Affairs. (viii) The Director of the Office of Public Affairs. (B) Chair.--The Under Secretary of Transportation for Policy shall be the Chair of the Council. (C) Additional members.--The Secretary of Transportation or the Chair of the Council may designate additional members to serve on the Council. (3) Additional modal input.--To address issues related to safety and transport of rural commodities, the Council shall consult with the Administrators (or their designees) of the-- (A) Maritime Administration; (B) Great Lakes St. Lawrence Seaway Development Corporation; and (C) National Highway Traffic Safety Administration. (4) Duties.--Members of the Council shall-- (A) participate in all meetings and relevant Council activities and be prepared to share information relevant to rural transportation infrastructure projects and issues; (B) provide guidance and leadership on rural transportation infrastructure issues and represent the work of the Council and Department of Transportation on such issues to external stakeholders; and (C) recommend initiatives to the Chair of the Council to consider, establish, and staff any resulting activities or working groups. (5) Meetings.--The Council shall meet bimonthly. (6) Work products and deliverables.--The Council may develop work products or deliverables to meet its goals, including-- (A) an annual report to Congress describing Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department of Transportation discretionary grant programs regarding rural infrastructure issues; and (C) other guides and reports for relevant groups and the public. <all>

ROUTES Act

To establish a Rural Opportunities to Use Transportation for Economic Success Initiative, and for other purposes.

ROUTES Act Rural Opportunities to Use Transportation for Economic Success Act

Rep. Pence, Greg

R

IN

This bill provides statutory authority for the Rural Opportunities to Use Transportation for Economic Success (ROUTES) Initiative at the Department of Transportation (DOT). The purpose of the initiative is to (1) improve analysis of rural projects applying for DOT discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting transportation infrastructure investment needs in a financially sustainable manner. To carry out the mission of the initiative, DOT must establish the ROUTES Council.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Opportunities to Use Transportation for Economic Success Act'' or the ``ROUTES Act''. SEC. 2. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS INITIATIVE. (a) In General.--The Secretary of Transportation shall establish the Rural Opportunities to Use Transportation for Economic Success Initiative (hereinafter referred to as the ``ROUTES Office''), to-- (1) improve analysis of rural projects applying for Department of Transportation discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and the economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting the Nation's transportation infrastructure investment need in a financially sustainable manner. (b) Objectives.--The ROUTES Office shall-- (1) collect input from knowledgeable entities and the public on the benefits of rural transportation projects, the technical and financial assistance required for constructing and operating rural transportation infrastructure and services, and barriers and opportunities to funding such rural transportation projects; (2) evaluate data on rural transportation challenges and determining methods to align the Department of Transportation's discretionary funding and financing opportunities with the needs of rural communities for meeting National transportation goals; and (3) educate rural communities about applicable Department of Transportation discretionary grants, developing effective methods to evaluate rural projects in discretionary grant programs, and communicating those methods through program guidance. (c) ROUTES Council.-- (1) In general.--The Secretary shall establish the ROUTES Council (hereinafter referred to as the ``Council'') to-- (A) organize, guide, and lead the ROUTES Office; and (B) coordinate rural-related funding programs and assistance among the modal administrations. (ii) The General Counsel. (iv) The Assistant Secretary for Research and Technology. (v) The Administrators of the-- (I) Federal Aviation Administration; (II) Federal Highway Administration; (III) Federal Railroad Administration; and (IV) Federal Transit Administration. (vi) The Chief Infrastructure Funding Officer. (vii) The Assistant Secretary of Government Affairs. (viii) The Director of the Office of Public Affairs. (B) Chair.--The Under Secretary of Transportation for Policy shall be the Chair of the Council. (C) Additional members.--The Secretary of Transportation or the Chair of the Council may designate additional members to serve on the Council. (3) Additional modal input.--To address issues related to safety and transport of rural commodities, the Council shall consult with the Administrators (or their designees) of the-- (A) Maritime Administration; (B) Great Lakes St. Lawrence Seaway Development Corporation; and (C) National Highway Traffic Safety Administration. (6) Work products and deliverables.--The Council may develop work products or deliverables to meet its goals, including-- (A) an annual report to Congress describing Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department of Transportation discretionary grant programs regarding rural infrastructure issues; and (C) other guides and reports for relevant groups and the public.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Opportunities to Use Transportation for Economic Success Act'' or the ``ROUTES Act''. SEC. 2. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS INITIATIVE. (b) Objectives.--The ROUTES Office shall-- (1) collect input from knowledgeable entities and the public on the benefits of rural transportation projects, the technical and financial assistance required for constructing and operating rural transportation infrastructure and services, and barriers and opportunities to funding such rural transportation projects; (2) evaluate data on rural transportation challenges and determining methods to align the Department of Transportation's discretionary funding and financing opportunities with the needs of rural communities for meeting National transportation goals; and (3) educate rural communities about applicable Department of Transportation discretionary grants, developing effective methods to evaluate rural projects in discretionary grant programs, and communicating those methods through program guidance. (c) ROUTES Council.-- (1) In general.--The Secretary shall establish the ROUTES Council (hereinafter referred to as the ``Council'') to-- (A) organize, guide, and lead the ROUTES Office; and (B) coordinate rural-related funding programs and assistance among the modal administrations. (v) The Administrators of the-- (I) Federal Aviation Administration; (II) Federal Highway Administration; (III) Federal Railroad Administration; and (IV) Federal Transit Administration. (vi) The Chief Infrastructure Funding Officer. (vii) The Assistant Secretary of Government Affairs. (B) Chair.--The Under Secretary of Transportation for Policy shall be the Chair of the Council. (C) Additional members.--The Secretary of Transportation or the Chair of the Council may designate additional members to serve on the Council. (6) Work products and deliverables.--The Council may develop work products or deliverables to meet its goals, including-- (A) an annual report to Congress describing Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department of Transportation discretionary grant programs regarding rural infrastructure issues; and (C) other guides and reports for relevant groups and the public.

To establish a Rural Opportunities to Use Transportation for Economic Success Initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Opportunities to Use Transportation for Economic Success Act'' or the ``ROUTES Act''. SEC. 2. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS INITIATIVE. (a) In General.--The Secretary of Transportation shall establish the Rural Opportunities to Use Transportation for Economic Success Initiative (hereinafter referred to as the ``ROUTES Office''), to-- (1) improve analysis of rural projects applying for Department of Transportation discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and the economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting the Nation's transportation infrastructure investment need in a financially sustainable manner. (b) Objectives.--The ROUTES Office shall-- (1) collect input from knowledgeable entities and the public on the benefits of rural transportation projects, the technical and financial assistance required for constructing and operating rural transportation infrastructure and services, and barriers and opportunities to funding such rural transportation projects; (2) evaluate data on rural transportation challenges and determining methods to align the Department of Transportation's discretionary funding and financing opportunities with the needs of rural communities for meeting National transportation goals; and (3) educate rural communities about applicable Department of Transportation discretionary grants, developing effective methods to evaluate rural projects in discretionary grant programs, and communicating those methods through program guidance. (c) ROUTES Council.-- (1) In general.--The Secretary shall establish the ROUTES Council (hereinafter referred to as the ``Council'') to-- (A) organize, guide, and lead the ROUTES Office; and (B) coordinate rural-related funding programs and assistance among the modal administrations. (2) Membership.-- (A) In general.--The Council shall be composed of the following officers of the Department of Transportation, or their designees: (i) The Under Secretary of Transportation for Policy. (ii) The General Counsel. (iii) The Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Assistant Secretary for Research and Technology. (v) The Administrators of the-- (I) Federal Aviation Administration; (II) Federal Highway Administration; (III) Federal Railroad Administration; and (IV) Federal Transit Administration. (vi) The Chief Infrastructure Funding Officer. (vii) The Assistant Secretary of Government Affairs. (viii) The Director of the Office of Public Affairs. (B) Chair.--The Under Secretary of Transportation for Policy shall be the Chair of the Council. (C) Additional members.--The Secretary of Transportation or the Chair of the Council may designate additional members to serve on the Council. (3) Additional modal input.--To address issues related to safety and transport of rural commodities, the Council shall consult with the Administrators (or their designees) of the-- (A) Maritime Administration; (B) Great Lakes St. Lawrence Seaway Development Corporation; and (C) National Highway Traffic Safety Administration. (4) Duties.--Members of the Council shall-- (A) participate in all meetings and relevant Council activities and be prepared to share information relevant to rural transportation infrastructure projects and issues; (B) provide guidance and leadership on rural transportation infrastructure issues and represent the work of the Council and Department of Transportation on such issues to external stakeholders; and (C) recommend initiatives to the Chair of the Council to consider, establish, and staff any resulting activities or working groups. (5) Meetings.--The Council shall meet bimonthly. (6) Work products and deliverables.--The Council may develop work products or deliverables to meet its goals, including-- (A) an annual report to Congress describing Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department of Transportation discretionary grant programs regarding rural infrastructure issues; and (C) other guides and reports for relevant groups and the public. <all>

To establish a Rural Opportunities to Use Transportation for Economic Success Initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Opportunities to Use Transportation for Economic Success Act'' or the ``ROUTES Act''. SEC. 2. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS INITIATIVE. (a) In General.--The Secretary of Transportation shall establish the Rural Opportunities to Use Transportation for Economic Success Initiative (hereinafter referred to as the ``ROUTES Office''), to-- (1) improve analysis of rural projects applying for Department of Transportation discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and the economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting the Nation's transportation infrastructure investment need in a financially sustainable manner. (b) Objectives.--The ROUTES Office shall-- (1) collect input from knowledgeable entities and the public on the benefits of rural transportation projects, the technical and financial assistance required for constructing and operating rural transportation infrastructure and services, and barriers and opportunities to funding such rural transportation projects; (2) evaluate data on rural transportation challenges and determining methods to align the Department of Transportation's discretionary funding and financing opportunities with the needs of rural communities for meeting National transportation goals; and (3) educate rural communities about applicable Department of Transportation discretionary grants, developing effective methods to evaluate rural projects in discretionary grant programs, and communicating those methods through program guidance. (c) ROUTES Council.-- (1) In general.--The Secretary shall establish the ROUTES Council (hereinafter referred to as the ``Council'') to-- (A) organize, guide, and lead the ROUTES Office; and (B) coordinate rural-related funding programs and assistance among the modal administrations. (2) Membership.-- (A) In general.--The Council shall be composed of the following officers of the Department of Transportation, or their designees: (i) The Under Secretary of Transportation for Policy. (ii) The General Counsel. (iii) The Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Assistant Secretary for Research and Technology. (v) The Administrators of the-- (I) Federal Aviation Administration; (II) Federal Highway Administration; (III) Federal Railroad Administration; and (IV) Federal Transit Administration. (vi) The Chief Infrastructure Funding Officer. (vii) The Assistant Secretary of Government Affairs. (viii) The Director of the Office of Public Affairs. (B) Chair.--The Under Secretary of Transportation for Policy shall be the Chair of the Council. (C) Additional members.--The Secretary of Transportation or the Chair of the Council may designate additional members to serve on the Council. (3) Additional modal input.--To address issues related to safety and transport of rural commodities, the Council shall consult with the Administrators (or their designees) of the-- (A) Maritime Administration; (B) Great Lakes St. Lawrence Seaway Development Corporation; and (C) National Highway Traffic Safety Administration. (4) Duties.--Members of the Council shall-- (A) participate in all meetings and relevant Council activities and be prepared to share information relevant to rural transportation infrastructure projects and issues; (B) provide guidance and leadership on rural transportation infrastructure issues and represent the work of the Council and Department of Transportation on such issues to external stakeholders; and (C) recommend initiatives to the Chair of the Council to consider, establish, and staff any resulting activities or working groups. (5) Meetings.--The Council shall meet bimonthly. (6) Work products and deliverables.--The Council may develop work products or deliverables to meet its goals, including-- (A) an annual report to Congress describing Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department of Transportation discretionary grant programs regarding rural infrastructure issues; and (C) other guides and reports for relevant groups and the public. <all>

S.2398

Transportation and Public Works

Sustainable Highways Innovation Act This bill specifies that alternative fueling infrastructure, renewable energy generation facilities, electrical transmission and distribution infrastructure, and broadband infrastructure and conduits are utility facilities for purposes of accommodations within a right-of-way on a federal-aid highway. The bill also encourages states to implement certain vegetation management practices (e.g., increased mowing heights and planting pollinator-friendly habitats) along such rights-of-way.

To amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Highways Innovation Act''. SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON A FEDERAL-AID HIGHWAY. Section 109 of title 23, United States Code, is amended-- (1) in subsection (l)-- (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through ``In determining'' in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: ``(l) Accommodating Utility Facilities in the Right-of-Way.-- ``(1) Definitions.--In this subsection: ``(A) Right-of-way.--The term `right-of-way' means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. ``(B) Utility facility.-- ``(i) In general.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(ii) Inclusions.--The term `utility facility' includes-- ``(I) alternative fueling infrastructure; ``(II) a renewable energy generation facility; ``(III) electrical transmission and distribution infrastructure; and ``(IV) broadband infrastructure and conduit. ``(2) Accommodation.--In determining''; and (C) by adding at the end the following: ``(3) State approval.--A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway.''; and (2) by adding at the end the following: ``(s) Vegetation Management.--Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator- friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices-- ``(1) is in the public interest; and ``(2) will not impair the highway or interfere with the free and safe flow of traffic.''. <all>

Sustainable Highways Innovation Act

A bill to amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways.

Sustainable Highways Innovation Act

Sen. Ossoff, Jon

D

GA

This bill specifies that alternative fueling infrastructure, renewable energy generation facilities, electrical transmission and distribution infrastructure, and broadband infrastructure and conduits are utility facilities for purposes of accommodations within a right-of-way on a federal-aid highway. The bill also encourages states to implement certain vegetation management practices (e.g., increased mowing heights and planting pollinator-friendly habitats) along such rights-of-way.

To amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Highways Innovation Act''. SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON A FEDERAL-AID HIGHWAY. Section 109 of title 23, United States Code, is amended-- (1) in subsection (l)-- (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through ``In determining'' in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: ``(l) Accommodating Utility Facilities in the Right-of-Way.-- ``(1) Definitions.--In this subsection: ``(A) Right-of-way.--The term `right-of-way' means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. ``(B) Utility facility.-- ``(i) In general.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(ii) Inclusions.--The term `utility facility' includes-- ``(I) alternative fueling infrastructure; ``(II) a renewable energy generation facility; ``(III) electrical transmission and distribution infrastructure; and ``(IV) broadband infrastructure and conduit. ``(2) Accommodation.--In determining''; and (C) by adding at the end the following: ``(3) State approval.--A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway.''; and (2) by adding at the end the following: ``(s) Vegetation Management.--Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator- friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices-- ``(1) is in the public interest; and ``(2) will not impair the highway or interfere with the free and safe flow of traffic.''. <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 ``Sustainable Highways Innovation Act''. SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON A FEDERAL-AID HIGHWAY. Section 109 of title 23, United States Code, is amended-- (1) in subsection (l)-- (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through ``In determining'' in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: ``(l) Accommodating Utility Facilities in the Right-of-Way.-- ``(1) Definitions.--In this subsection: ``(A) Right-of-way.--The term `right-of-way' means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. ``(B) Utility facility.-- ``(i) In general.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(ii) Inclusions.--The term `utility facility' includes-- ``(I) alternative fueling infrastructure; ``(II) a renewable energy generation facility; ``(III) electrical transmission and distribution infrastructure; and ``(IV) broadband infrastructure and conduit. ``(2) Accommodation.--In determining''; and (C) by adding at the end the following: ``(3) State approval.--A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway. ''; and (2) by adding at the end the following: ``(s) Vegetation Management.--Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator- friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices-- ``(1) is in the public interest; and ``(2) will not impair the highway or interfere with the free and safe flow of traffic.''.

To amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Highways Innovation Act''. SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON A FEDERAL-AID HIGHWAY. Section 109 of title 23, United States Code, is amended-- (1) in subsection (l)-- (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through ``In determining'' in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: ``(l) Accommodating Utility Facilities in the Right-of-Way.-- ``(1) Definitions.--In this subsection: ``(A) Right-of-way.--The term `right-of-way' means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. ``(B) Utility facility.-- ``(i) In general.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(ii) Inclusions.--The term `utility facility' includes-- ``(I) alternative fueling infrastructure; ``(II) a renewable energy generation facility; ``(III) electrical transmission and distribution infrastructure; and ``(IV) broadband infrastructure and conduit. ``(2) Accommodation.--In determining''; and (C) by adding at the end the following: ``(3) State approval.--A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway.''; and (2) by adding at the end the following: ``(s) Vegetation Management.--Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator- friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices-- ``(1) is in the public interest; and ``(2) will not impair the highway or interfere with the free and safe flow of traffic.''. <all>

To amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Highways Innovation Act''. SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON A FEDERAL-AID HIGHWAY. Section 109 of title 23, United States Code, is amended-- (1) in subsection (l)-- (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through ``In determining'' in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: ``(l) Accommodating Utility Facilities in the Right-of-Way.-- ``(1) Definitions.--In this subsection: ``(A) Right-of-way.--The term `right-of-way' means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. ``(B) Utility facility.-- ``(i) In general.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(ii) Inclusions.--The term `utility facility' includes-- ``(I) alternative fueling infrastructure; ``(II) a renewable energy generation facility; ``(III) electrical transmission and distribution infrastructure; and ``(IV) broadband infrastructure and conduit. ``(2) Accommodation.--In determining''; and (C) by adding at the end the following: ``(3) State approval.--A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway.''; and (2) by adding at the end the following: ``(s) Vegetation Management.--Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator- friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices-- ``(1) is in the public interest; and ``(2) will not impair the highway or interfere with the free and safe flow of traffic.''. <all>

H.R.1430

Taxation

This bill provides for the payment into the treasury of the U.S. Virgin Islands revenue from excise taxes on fuel produced in the Virgin Islands and entered into the United States.

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUEL TAX COVERED OVER INTO VIRGIN ISLANDS TREASURY. (a) In General.--Section 7652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Shipment of fuel from the virgin islands to the united states.--All taxes collected under section 4081(a) on fuel produced in the Virgin Islands and entered into the United States from the Virgin Islands shall be covered into the treasury of the Virgin Islands.''. (b) Effective Date.--The amendment made by this section shall apply to fuel entered into the United States after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States.

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States.

Del. Plaskett, Stacey E.

D

VI

This bill provides for the payment into the treasury of the U.S. Virgin Islands revenue from excise taxes on fuel produced in the Virgin Islands and entered into the United States.

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUEL TAX COVERED OVER INTO VIRGIN ISLANDS TREASURY. (a) In General.--Section 7652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Shipment of fuel from the virgin islands to the united states.--All taxes collected under section 4081(a) on fuel produced in the Virgin Islands and entered into the United States from the Virgin Islands shall be covered into the treasury of the Virgin Islands.''. (b) Effective Date.--The amendment made by this section shall apply to fuel entered into the United States after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUEL TAX COVERED OVER INTO VIRGIN ISLANDS TREASURY. (a) In General.--Section 7652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Shipment of fuel from the virgin islands to the united states.--All taxes collected under section 4081(a) on fuel produced in the Virgin Islands and entered into the United States from the Virgin Islands shall be covered into the treasury of the Virgin Islands.''. (b) Effective Date.--The amendment made by this section shall apply to fuel entered into the United States after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUEL TAX COVERED OVER INTO VIRGIN ISLANDS TREASURY. (a) In General.--Section 7652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Shipment of fuel from the virgin islands to the united states.--All taxes collected under section 4081(a) on fuel produced in the Virgin Islands and entered into the United States from the Virgin Islands shall be covered into the treasury of the Virgin Islands.''. (b) Effective Date.--The amendment made by this section shall apply to fuel entered into the United States after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUEL TAX COVERED OVER INTO VIRGIN ISLANDS TREASURY. (a) In General.--Section 7652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Shipment of fuel from the virgin islands to the united states.--All taxes collected under section 4081(a) on fuel produced in the Virgin Islands and entered into the United States from the Virgin Islands shall be covered into the treasury of the Virgin Islands.''. (b) Effective Date.--The amendment made by this section shall apply to fuel entered into the United States after December 31, 2020. <all>

H.R.5051

Public Lands and Natural Resources

This bill designates Little Wekiva River in Florida as a scenic river and as a component of the National Wild and Scenic Rivers System.

To designate the Little Wekiva River as a scenic river, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LITTLE WEKIVA RIVER. Section 3(a)(162) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(162)) is amended-- (1) in the heading, by striking ``and black water creek'' and inserting ``Black water creek, and little wekiva river''; (2) in the matter preceding subparagraph (A), by striking ``41.6-mile'' and inserting ``45.4-mile''; and (3) by adding at the end the following subparagraph: ``(D) Little wekiva river.--The 3.8 miles from the confluence of the Wekiva River and Little Wekiva River to the end of Ibis Road in Longwood, Florida, to be administered as a scenic river.''. <all>

To designate the Little Wekiva River as a scenic river, and for other purposes.

To designate the Little Wekiva River as a scenic river, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To designate the Little Wekiva River as a scenic river, and for other purposes.

Rep. Murphy, Stephanie N.

D

FL

This bill designates Little Wekiva River in Florida as a scenic river and as a component of the National Wild and Scenic Rivers System.

To designate the Little Wekiva River as a scenic river, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LITTLE WEKIVA RIVER. Section 3(a)(162) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(162)) is amended-- (1) in the heading, by striking ``and black water creek'' and inserting ``Black water creek, and little wekiva river''; (2) in the matter preceding subparagraph (A), by striking ``41.6-mile'' and inserting ``45.4-mile''; and (3) by adding at the end the following subparagraph: ``(D) Little wekiva river.--The 3.8 miles from the confluence of the Wekiva River and Little Wekiva River to the end of Ibis Road in Longwood, Florida, to be administered as a scenic river.''. <all>

To designate the Little Wekiva River as a scenic river, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LITTLE WEKIVA RIVER. Section 3(a)(162) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(162)) is amended-- (1) in the heading, by striking ``and black water creek'' and inserting ``Black water creek, and little wekiva river''; (2) in the matter preceding subparagraph (A), by striking ``41.6-mile'' and inserting ``45.4-mile''; and (3) by adding at the end the following subparagraph: ``(D) Little wekiva river.--The 3.8 miles from the confluence of the Wekiva River and Little Wekiva River to the end of Ibis Road in Longwood, Florida, to be administered as a scenic river.''. <all>

To designate the Little Wekiva River as a scenic river, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LITTLE WEKIVA RIVER. Section 3(a)(162) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(162)) is amended-- (1) in the heading, by striking ``and black water creek'' and inserting ``Black water creek, and little wekiva river''; (2) in the matter preceding subparagraph (A), by striking ``41.6-mile'' and inserting ``45.4-mile''; and (3) by adding at the end the following subparagraph: ``(D) Little wekiva river.--The 3.8 miles from the confluence of the Wekiva River and Little Wekiva River to the end of Ibis Road in Longwood, Florida, to be administered as a scenic river.''. <all>

To designate the Little Wekiva River as a scenic river, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LITTLE WEKIVA RIVER. Section 3(a)(162) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(162)) is amended-- (1) in the heading, by striking ``and black water creek'' and inserting ``Black water creek, and little wekiva river''; (2) in the matter preceding subparagraph (A), by striking ``41.6-mile'' and inserting ``45.4-mile''; and (3) by adding at the end the following subparagraph: ``(D) Little wekiva river.--The 3.8 miles from the confluence of the Wekiva River and Little Wekiva River to the end of Ibis Road in Longwood, Florida, to be administered as a scenic river.''. <all>

H.R.4812

International Affairs

Border Health Security Act of 2021 This bill modifies the duties and activities of the United States-Mexico Border Health Commission and the Canada-United States Pan-Border Public Health Preparedness Council and makes other changes to address health issues along the U.S. border. Specifically, the commission must cooperate with the council where appropriate, and both the commission and the council must develop strategic plans, work plans, evaluations, and reports concerning their activities. The Department of Health and Human Services must award grants to (1) eligible entities in border areas to address recommendations of the commission and the council to improve the health of border area residents; and (2) trauma centers, public health entities, and state, local, or tribal entities for infectious disease surveillance activities in border areas. In addition, the Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas. The Government Accountability Office must evaluate commission and council activities every two years.

To establish grant programs to improve the health of residents along the United States-Mexico and United States-Canada borders and for all hazards preparedness in the border areas, including with respect to bioterrorism, infectious disease, and other emerging biothreats, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of approximately 15,000,000 residents and millions of border crossings each year, with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, lack of education or access to information, poverty-related illness, including undernutrition, and high rates of infectious diseases, such as tuberculosis, West Nile virus, and Zika virus, as well as other noncommunicable diseases such as cardiovascular disease, asthma, diabetes, and obesity. (3) As the COVID-19 pandemic has illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the United States, Mexico, and Canada borders is crucial to not only protect and improve the health of Americans but also to help secure the country against biosecurity and other emerging threats. (4) For over 20 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) The COVID-19 pandemic has also highlighted the need for continued coordination of resources, effective communication, and information sharing between countries to address emerging public health crises. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) by striking ``It should be the duty'' and inserting the following: ``(a) In General.--It should be the duty''; (B) in paragraph (1), by striking ``; and'' and inserting ``;''; (C) in paragraph (2)(B), by striking the period and inserting a semicolon; (D) by adding at the end the following: ``(3) to evaluate the Commission's progress in carrying out the duties described in paragraphs (1) and (2) and report on such progress and make recommendations, as appropriate, to the Secretary of Health and Human Services and Congress regarding such duties; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues.''; and (E) by adding at the end the following: ``(b) United States Section Members.--The members of the United States section of the Commission, acting independently of the Commission overall, may-- ``(1) provide reports and recommendations to, and consult with, the Secretary of Health and Human Services and Congress on the matters described in subsection (a)(3); and ``(2) cooperate with the Canada-United States Pan Border Public Health Preparedness Council (referred to in this Act as the `Council'), as appropriate.''; (2) in section 5(b), by striking ``should be the leader'' and inserting ``shall be the Chair''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian Tribe, Tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(b) Authorization.--From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to improve the health of residents of the United States-Mexico and United States-Canada border areas with appropriate priority given to grants that address recommendations outlined by the strategic plan and operational work plan of the Commission and the Council under section 9. ``(c) Application.--An eligible entity that desires a grant under subsection (b) 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 eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: ``(1) Programs relating to any one or more of the following: ``(A) Maternal and child health. ``(B) Primary care and preventative health. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion, health literacy, and health education. ``(F) Oral health. ``(G) Behavioral and mental health. ``(H) Substance abuse prevention and harm reduction. ``(I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. ``(J) Medical and health services research in border communities. ``(K) Workforce training and development. ``(L) Community health workers and promotoras. ``(M) Health care infrastructure problems in the United States-Mexico border area or United States- Canada border area (including planning and construction grants). ``(N) Health disparities in the United States- Mexico border area or United States-Canada border area. ``(O) Environmental health. ``(P) Bioterrorism and zoonosis. ``(Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.)). ``(R) Trauma care. ``(S) Health research with an emphasis on the prevalence of infectious diseases, such as measles, in the border areas, as well as other pressing health issues, such as noncommunicable diseases like diabetes and obesity. ``(T) Epidemiology and health research. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(V) Community-based participatory research on border health issues. ``(W) Domestic violence and violence prevention. ``(X) Cross-border public health preparedness. ``(2) Other programs as the Secretary determines appropriate. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian Tribe, Tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States- Canada border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation and decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas identified by the full membership of the Commission or Council, as applicable; ``(B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. ``(b) Work Plan.--Not later than January 1, 2024, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). ``(c) GAO Review.--Not later than January 1, 2025, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. ``(d) Biannual Reporting.-- ``(1) By commission and council.--The Commission and Council shall each issue a biannual report to the Secretary that-- ``(A) provides independent policy recommendations related to border health issues; and ``(B) details the expenditures of the Commission and Council over the reporting period. ``(2) By secretary.--Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. ``(e) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. ``SEC. 10. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, including with respect to infectious disease, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. ``(b) Coordination of Health Services and Surveillance.-- ``(c) In General.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; ``(2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area; and ``(3) is coordinated with other systems and agencies to avoid duplication. ``SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2022 and each succeeding year, of which for each such fiscal year-- ``(1) $14,000,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas; and ``(2) $6,000,000 shall be made available for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.''; and (5) in section 12 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian Tribe', `Tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''; and (C) by inserting after paragraph (4), as so redesignated, the following: ``(5) United states-canada border area.--The term `United States-Canada border area' means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada.''. <all>

Border Health Security Act of 2021

To establish grant programs to improve the health of residents along the United States-Mexico and United States-Canada borders and for all hazards preparedness in the border areas, including with respect to bioterrorism, infectious disease, and other emerging biothreats, and for other purposes.

Border Health Security Act of 2021

Rep. Escobar, Veronica

D

TX

This bill modifies the duties and activities of the United States-Mexico Border Health Commission and the Canada-United States Pan-Border Public Health Preparedness Council and makes other changes to address health issues along the U.S. border. Specifically, the commission must cooperate with the council where appropriate, and both the commission and the council must develop strategic plans, work plans, evaluations, and reports concerning their activities. The Department of Health and Human Services must award grants to (1) eligible entities in border areas to address recommendations of the commission and the council to improve the health of border area residents; and (2) trauma centers, public health entities, and state, local, or tribal entities for infectious disease surveillance activities in border areas. In addition, the Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas. The Government Accountability Office must evaluate commission and council activities every two years.

SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2021''. 2. FINDINGS. (2) These challenges include low rates of health insurance coverage, poor access to health care services, lack of education or access to information, poverty-related illness, including undernutrition, and high rates of infectious diseases, such as tuberculosis, West Nile virus, and Zika virus, as well as other noncommunicable diseases such as cardiovascular disease, asthma, diabetes, and obesity. (5) The COVID-19 pandemic has also highlighted the need for continued coordination of resources, effective communication, and information sharing between countries to address emerging public health crises. 3. ''; (2) in section 5(b), by striking ``should be the leader'' and inserting ``shall be the Chair''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. BORDER HEALTH GRANTS. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(J) Medical and health services research in border communities. ``(P) Bioterrorism and zoonosis. 1396 et seq., 42 U.S.C. ``(R) Trauma care. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(W) Domestic violence and violence prevention. ``(X) Cross-border public health preparedness. ``(2) Other programs as the Secretary determines appropriate. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian Tribe, Tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(c) GAO Review.--Not later than January 1, 2025, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. COORDINATION. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2022 and each succeeding year, of which for each such fiscal year-- ``(1) $14,000,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas; and ``(2) $6,000,000 shall be made available for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council.

SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2021''. 2. FINDINGS. (2) These challenges include low rates of health insurance coverage, poor access to health care services, lack of education or access to information, poverty-related illness, including undernutrition, and high rates of infectious diseases, such as tuberculosis, West Nile virus, and Zika virus, as well as other noncommunicable diseases such as cardiovascular disease, asthma, diabetes, and obesity. (5) The COVID-19 pandemic has also highlighted the need for continued coordination of resources, effective communication, and information sharing between countries to address emerging public health crises. 3. ''; (2) in section 5(b), by striking ``should be the leader'' and inserting ``shall be the Chair''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. BORDER HEALTH GRANTS. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(J) Medical and health services research in border communities. ``(P) Bioterrorism and zoonosis. 1396 et seq., 42 U.S.C. ``(R) Trauma care. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(W) Domestic violence and violence prevention. ``(X) Cross-border public health preparedness. ``(2) Other programs as the Secretary determines appropriate. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian Tribe, Tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(c) GAO Review.--Not later than January 1, 2025, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. COORDINATION. 11. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2021''. 2. FINDINGS. (2) These challenges include low rates of health insurance coverage, poor access to health care services, lack of education or access to information, poverty-related illness, including undernutrition, and high rates of infectious diseases, such as tuberculosis, West Nile virus, and Zika virus, as well as other noncommunicable diseases such as cardiovascular disease, asthma, diabetes, and obesity. (5) The COVID-19 pandemic has also highlighted the need for continued coordination of resources, effective communication, and information sharing between countries to address emerging public health crises. 3. is amended-- (1) in section 3-- (A) by striking ``It should be the duty'' and inserting the following: ``(a) In General.--It should be the duty''; (B) in paragraph (1), by striking ``; and'' and inserting ``;''; (C) in paragraph (2)(B), by striking the period and inserting a semicolon; (D) by adding at the end the following: ``(3) to evaluate the Commission's progress in carrying out the duties described in paragraphs (1) and (2) and report on such progress and make recommendations, as appropriate, to the Secretary of Health and Human Services and Congress regarding such duties; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues. ''; (2) in section 5(b), by striking ``should be the leader'' and inserting ``shall be the Chair''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. BORDER HEALTH GRANTS. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(J) Medical and health services research in border communities. ``(K) Workforce training and development. ``(P) Bioterrorism and zoonosis. 1396 et seq., 42 U.S.C. ``(R) Trauma care. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(W) Domestic violence and violence prevention. ``(X) Cross-border public health preparedness. ``(2) Other programs as the Secretary determines appropriate. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian Tribe, Tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(c) GAO Review.--Not later than January 1, 2025, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. 10. COORDINATION. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2022 and each succeeding year, of which for each such fiscal year-- ``(1) $14,000,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas; and ``(2) $6,000,000 shall be made available for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council. 1603).

SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2021''. 2. FINDINGS. (2) These challenges include low rates of health insurance coverage, poor access to health care services, lack of education or access to information, poverty-related illness, including undernutrition, and high rates of infectious diseases, such as tuberculosis, West Nile virus, and Zika virus, as well as other noncommunicable diseases such as cardiovascular disease, asthma, diabetes, and obesity. (5) The COVID-19 pandemic has also highlighted the need for continued coordination of resources, effective communication, and information sharing between countries to address emerging public health crises. 3. is amended-- (1) in section 3-- (A) by striking ``It should be the duty'' and inserting the following: ``(a) In General.--It should be the duty''; (B) in paragraph (1), by striking ``; and'' and inserting ``;''; (C) in paragraph (2)(B), by striking the period and inserting a semicolon; (D) by adding at the end the following: ``(3) to evaluate the Commission's progress in carrying out the duties described in paragraphs (1) and (2) and report on such progress and make recommendations, as appropriate, to the Secretary of Health and Human Services and Congress regarding such duties; and ``(4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues. ''; (2) in section 5(b), by striking ``should be the leader'' and inserting ``shall be the Chair''; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: ``SEC. BORDER HEALTH GRANTS. 254b), that is located in the United States- Mexico border area or the United States-Canada border area. ``(C) Infectious disease testing, monitoring, and surveillance. ``(D) Public health and public health infrastructure. ``(E) Health promotion, health literacy, and health education. ``(H) Substance abuse prevention and harm reduction. ``(J) Medical and health services research in border communities. ``(K) Workforce training and development. ``(P) Bioterrorism and zoonosis. 1396 et seq., 42 U.S.C. ``(R) Trauma care. ``(U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. ``(W) Domestic violence and violence prevention. ``(X) Cross-border public health preparedness. ``(2) Other programs as the Secretary determines appropriate. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian Tribe, Tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to-- ``(1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation and decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; ``(4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; ``(5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at- risk populations; ``(6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; ``(7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; ``(8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and ``(9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States- Mexico or United States-Canada borders. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(c) GAO Review.--Not later than January 1, 2025, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). ``(f) By-Laws.--Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(g) Transmittal to Congress.--The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. 10. COORDINATION. 11. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2022 and each succeeding year, of which for each such fiscal year-- ``(1) $14,000,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas; and ``(2) $6,000,000 shall be made available for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council. 1603).

H.R.4115

Finance and Financial Sector

Restoring Unfairly Impaired Credit and Protecting Consumers Act This bill revises requirements regarding consumer credit information included by a consumer reporting agency on a credit report, including by The bill also requires a consumer reporting agency to provide free credit monitoring and identity theft protection services to certain consumers, including victims of fraud, active duty military, and those 65 years of age and older.

To amend the Fair Credit Reporting act to restore the impaired credit of victims of predatory activities and unfair consumer reporting practices, to expand access to tools to protect vulnerable consumers from identity theft, fraud, or a related crime, and protect victims from further harm, and for other 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 ``Restoring Unfairly Impaired Credit and Protecting Consumers 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. Effective date. Sec. 4. General Bureau rulemaking. TITLE I--RESTORING THE IMPAIRED CREDIT OF VICTIMS OF PREDATORY ACTIVITIES AND UNFAIR CONSUMER REPORTING PRACTICES Sec. 101. Shortens the time period that most adverse credit information stays on consumer reports. Sec. 102. Mandates the expedited removal of fully paid or settled debt from consumer reports. Sec. 103. Imposes restrictions on the appearance of medical collections on consumer reports and requires the expedited removal of fully paid or settled medical collections from consumer reports. Sec. 104. Provides credit restoration for victims of predatory mortgage lending and servicing. Sec. 105. Provides credit relief for private education loans borrowers who were defrauded or mislead by proprietary education institution or career education programs. Sec. 106. Establishes right for victims of financial abuse to have adverse information associated with an abuser's fraudulent activity removed from their consumer reports. Sec. 107. Prohibits treatment of credit restoration or rehabilitation as adverse information. TITLE II--EXPANDING ACCESS TO TOOLS TO PROTECT VULNERABLE CONSUMERS FROM IDENTITY THEFT, FRAUD, OR A RELATED CRIME, AND PROTECT VICTIMS FROM FURTHER HARM Sec. 201. Identity theft report definition. Sec. 202. Amendment to protection for files and credit records of protected consumers. Sec. 203. Enhances fraud alert protections. Sec. 204. Amendment to security freezes for consumer reports. Sec. 205. Clarification of information to be included with agency disclosures. Sec. 206. Provides access to fraud records for victims. Sec. 207. Required Bureau to set procedures for reporting identity theft, fraud, and other related crime. Sec. 208. Establishes the right to free credit monitoring and identity theft protection services for certain consumers. Sec. 209. Ensures removal of inquiries resulting from identity theft, fraud, or other related crime from consumer reports. TITLE III--MISCELLANEOUS Sec. 301. Definitions. Sec. 302. Technical correction related to risk-based pricing notices. Sec. 303. FCRA findings and purpose; voids certain contracts not in the public interest. SEC. 2. FINDINGS. Congress finds the following: (1) General findings.-- (A) Consumer reporting agencies (``CRAs'') are companies that collect, compile, and provide information about consumers in the form of consumer reports for certain permissible statutory purposes under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) (``FCRA''). The three largest CRAs in this country are Equifax, TransUnion, and Experian. These CRAs are referred to as nationwide CRAs and the reports that they prepare are commonly referred to as credit reports. Furnishers, such as creditors, lenders, and debt collection agencies, voluntarily submit information to CRAs about their accounts such as the total amount for each loan or credit limit for each credit card and the consumer's payment history on these products. Reports also include identifying information about a consumer, such as their birthdate, previous mailing addresses, and current and previous employers. (B) In a December 2012 paper, ``Key Dimensions and Processes in the U.S. Credit Reporting System: A review for how the nation's largest credit bureaus manage consumer data'', the Bureau of Consumer Financial Protection (``Consumer Bureau'') noted that the three nationwide CRAs maintain credit files on approximately 200 million adults and receive information from about 10,000 furnishers. On a monthly basis, these furnishers provide information on over 1.3 billion consumer credit accounts or other trade lines. (C) The 10 largest institutions furnishing credit information to each of the nationwide CRAs account for more than half of all accounts reflected in consumers' credit files. (D) Consumer reports play an increasingly important role in the lives of American consumers. Most creditors, for example, review these reports to make decisions about whether to extend credit to consumers and what terms and conditions to offer them. As such, information contained in these reports affects whether a person is able to get a private education loan to pay for college costs, to secure a mortgage loan to buy a home, or to obtain a credit card, as well as the terms and conditions under which consumer credit products or services are offered to them. (E) Credit reports are also increasingly used for many noncredit decisions, including by landlords to determine whether to rent an apartment to a prospective tenant and by employers to decide whether to hire potential job applicants or to offer a promotion to existing employees. (F) CRAs have a statutory obligation to verify independently the accuracy and completeness of information included on the reports that they provide. (G) The nationwide CRAs have failed to establish and follow reasonable procedures, as required by existing law, to establish the maximum level of accuracy of information contained on consumer reports. Given the repeated failures of these CRAs to comply with accuracy requirements on their own, legislation is intended to provide them with detailed guidance improving the accuracy and completeness of information contained in consumer reports, including procedures, policies, and practices that these CRAs should already be following to ensure full compliance with their existing obligations. (H) The presence of inaccurate or incomplete information on these reports can result in substantial financial and emotional harm to consumers. Credit reporting errors can lead to the loss of a new employment opportunity or a denial of a promotion in an existing job, stop someone from being able to access credit on favorable terms, prevent a person from obtaining rental housing, or even trigger mental distress. (I) Current industry practices impose an unfair burden of proof on consumers trying to fix errors on their reports. (J) Consumer reports containing inaccurate or incomplete credit information also undermine the ability of creditors and lenders to effectively and accurately underwrite and price credit. (K) Recognizing that credit reporting affects the lives of almost all consumers in this country and that the consequences of errors on a consumer report can be catastrophic for a consumer, the Consumer Bureau began accepting consumer complaints about credit reporting in October 2012. (L) As of February 2017, the Consumer Bureau has handled approximately 185,717 credit reporting complaints, making credit reporting consistently the third most-complained-about subject matter on which the Consumer Bureau accepts consumer complaints. (M) In the ``Monthly Complaint Report Volume 20'', released in February 2017, the Consumer Bureau noted that 76 percent of credit reporting complaints involved incorrect information on reports, with consumers frequently expressing their frustrations about the burdensome and time-consuming process to disputing items. (N) Other common types of credit reporting complaints submitted to the Consumer Bureau related to the improper use of a report, trouble obtaining a report or credit score, CRAs' investigations, and credit monitoring or identity protection. (O) In the summer 2015 ``Supervisory Highlights'', the Consumer Bureau noted that one or more of the largest CRAs failed to adequately oversee furnishers to ensure that they were adhering to the CRA's vetting policies and to establish proper procedures to verify public record information. (P) According to the fall 2016 ``Supervisory Highlights'', Consumer Bureau examiners determined that one or more debt collectors never investigated indirect disputes that lacked detail or were not accompanied by attachments with relevant information from the consumer. Examiners also found that notifications sent to consumers about disputes considered frivolous failed to identify for the consumers the type of material that they could provide in order for the debt collector to complete the investigation of the disputed item. (Q) A February 2014 Consumer Bureau report titled ``Credit Reporting Complaint Snapshot'' found that consumers are confused about the extent to which the nationwide CRAs are required to provide them with validation and documentation of a debt that appears on their credit report. (R) As evidence that the current system lacks sufficient market incentives for CRAs to develop more robust procedures to increase the accuracy and completeness of information on credit reports, litigation discovery documented by the National Consumer Law Center (``NCLC''), as part of a January 2009 report titled, ``Automated Injustice: How a Mechanized Dispute System Frustrates Consumers Seeking to Fix Errors in Their Credit Reports'', showed that at least two of the three largest CRAs use quota systems to force employees to process disputes hastily and without the opportunity for conducting meaningful investigations. At least one nationwide CRA only allowed dispute resolution staff five minutes to handle a consumer's call. Furthermore, these CRAs were found to have awarded bonuses for meeting quotas and punished those who didn't meet production numbers with probation. (S) Unlike most other business relationships, where consumers can register their satisfaction or unhappiness with a particular credit product or service simply by taking their business elsewhere, consumers have no say in whether their information is included in the CRAs databases and limited legal remedies to hold the CRAs accountable for inaccuracies or poor service. (T) Accordingly, despite the existing statutory mandate for CRAs to follow reasonable procedures to assure the maximum possible accuracy of the information whenever they prepare consumer reports, numerous studies, the high volume of consumer complaints submitted to the Consumer Bureau about incorrect information on consumer reports, and supervisory activities by the Consumer Bureau demonstrate that CRAs continue to skirt their obligations under the law. (2) Private education loans.-- (A) The Consumer Bureau's October 2014 report titled ``Annual Report of the CFPB Student Loan Ombudsman'' noted many private education loan borrowers, who sought to negotiate a modified repayment plan when they were experiencing a period of financial distress, were unable to get assistance from their loan holders, which often resulting in them defaulting on their loans. This pattern resembles the difficulty that a significant number of mortgage loan borrowers experienced when they sought to take responsible steps to work with their mortgage loan servicer to avoid foreclosure during the Great Recession. (B) Although private student loan holders may allow a borrower to postpone payments while enrolled in school full-time, many limit this option to a certain time period, usually 48 to 66 months. This limited time period may not be sufficient for those who need additional time to obtain their degree or who want to continue their education by pursing a graduate or professional degree. The Consumer Bureau found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. (3) Deceptive practices at certain proprietary education institutions and career education programs.-- (A) NCLC cited the proliferation of law enforcement actions against many for-profit schools in its June 2014 report, titled ``Ensuring Educational Integrity: 10 Steps to Improve State Oversight of For-profit Schools'', to demonstrate the pervasive problem in this sector of targeting low-income students with deceptive high-pressure sales techniques involving inflated job placement rates and misleading data on graduate wages, and false representations about the transferability of credits and the employability of graduates in occupations that require licensure. Student loan borrowers at these schools may be left with nothing but worthless credentials and large debt. Those who default on their student loans face years with damaged credit that will adversely impact their ability to rent or buy homes, purchase cars, and find employment. (B) The closure and bankruptcy of Corinthian Colleges, which was found to have deceived students by steering them into high-interest student loans based on misleading graduation rates and employment data, is a good example of the problem. Even after its closure, many Corinthian students remained saddled with student loan debt, worthless degrees, and few prospects for employment. (C) Attending a two-year, for-profit college costs, on average, four times as much as attending a community college. Students at for-profit colleges represent only about 11 percent of the total higher education population but a startling 44 percent of all Federal student loan defaults, according to the United States Department of Education (``DOE''). (D) According to NCLC, a disproportionate number of for-profit students are low-income and people of color. These schools target veterans, working parents, first- generation students, and non-English speaking students, who may be more likely than their public or private nonprofit school counterparts to drop out, incur enormous student debt, and default on this debt. In the 2011-2012 school year, 28 percent of African Americans and 15 percent of Latinos attending four-year institutions were enrolled in a for-profit school, compared to 10 percent of Whites. (E) As highlighted in a press release titled ``Obama Administration Announces Final Rules to Protect Students from Poor-Performing Career College Programs'', that was issued by the DOE on October 30, 2014, ``[t]oo often, students at career colleges-- including thousands of veterans--are charged excessive costs, but don't get the education they paid for. Instead, students in such programs are provided with poor quality training, often for low-wage jobs or in occupations where there are simply no job opportunities. They find themselves with large amounts of debt and, too often, end up in default. In many cases, students are drawn into these programs with confusing or misleading information.''. (4) Medical debt.-- (A) Research by the Consumer Bureau has found that the inclusion of medical collections on consumer reports has unfairly reduced consumers' credit scores. (B) The Consumer Bureau's review of 5 million anonymized credit files from September 2011 to September 2013, for example, found that credit scores may underestimate a person's creditworthiness by up to 10 points for those who owe medical debt, and may underestimate a person's creditworthiness by up to 22 points after the medical debt has been paid. For consumers with lower credit scores, especially those on the brink of what is considered subprime, a 10 to 22 point decrease in their credit scores can have a significant impact on their lives, including by affecting whether they are able to qualify for credit and, if so, the terms and conditions under which it is extended to them. (C) The Consumer Bureau found that half of all collections trade lines that appear on consumer reports are related to medical bills claimed to be owed to hospitals and other medical providers. These trade lines affect the reports of nearly 1/5 of all consumers in the credit reporting system. (D) The Consumer Bureau has found that there are no objective or enforceable standards that determine when a debt can or should be reported as a collection trade line. Because debt buyers and collectors determine whether, when, and for how long to report a collection account, there is only a limited relationship between the time period reported, the severity of a delinquency, and when or whether a collection trade line appears on a consumer's credit report. (E) Medical bills can be complex and confusing for many consumers, which results in consumers' uncertainty about what they owe, to whom, when, or for what, that may cause some people, who ordinarily pay their bills on time, to delay or withhold payments on their medical debts. This uncertainty can also result in medical collections appearing on consumer reports. In a December 2014 report titled ``Consumer Credit Reports: A Study of Medical and Non-Medical Collections'', the Consumer Bureau found that a large portion of consumers with medical collections show no other evidence of financial distress and are consumers who ordinarily pay their other financial obligations on time. Unlike with most credit products or services, such as credit cards, installment loans, utilities, or wireless or cable services that have contractual account disclosures describing the terms and conditions of use, most consumers are not told what their out-of-pocket medical costs will be in advance. Consumers needing urgent or emergency care rarely know, or are provided, the cost of a medical treatment or procedure before the service is rendered. (F) The Consumer Bureau concluded that the presence of medical collections is less predictive of future defaults or serious delinquencies than the presence of a nonmedical collection in a study titled ``Data Point: Medical Debt and Credit Scores'', issued in May 2014. (G) FICO's latest credit scoring model, ``FICO 9'', changes the treatment of paid collections to disregard any collection matters that the consumer has paid in full. FICO 9, however, is not yet widely used by lenders. (H) VantageScore's latest credit scoring model, ``VantageScore 4.0'', will be available in the fall of 2017. This model will penalize medical collections less than non-medical ones. (I) The three nationwide CRAs entered into a settlement agreement with the New York State attorney general in 2015 to address deficiencies in their dispute resolution process and enhance the accuracy of items on reports. These policy changes will be implemented in a three-phrased rollout, culminating by June 2018. Subsequently, these CRAs entered into a cooperative agreement with 31 State Attorneys General, which was the basis of the creation of the National Consumer Assistance Plan (``NCAP'') to change some of their business practices. (J) While the CRAs appear to be voluntarily adopting policy changes on a nationwide basis, they are not obligated to do so for consumers who reside in States that are not party to any of the consent orders. (K) As a result of the settlement agreements, the three nationwide CRAs will set a 180-day waiting period before including medical collections on a report and will remove a medical collection from a report once it is paid by an insurance company. While this change will benefit many, once a medical collection appears on a report, it will only be deleted or suppressed if it is found to have been the insurance company's obligation to pay and the insurer pays it. Given the research showing there is little predictive value in medical debt information, medical collections that are paid or settled should quickly be removed from a report, regardless of who pays or settles this debt. (5) Financial abuse by known persons.-- (A) Financial abuse and exploitation are frequently associated with domestic violence. This type of abuse may result in fraudulent charges to a credit card or having fraudulent accounts created by the abuser in the survivor's name. Financial abuse may also result in the survivor's inability to make timely payments on their valid obligations due to loss or changes in income that can occur when their abuser steals from or coerces the survivor to relinquish their paychecks or savings. (B) By racking up substantial debts in the survivor's name, abusers are able to exercise financial control over their survivors to make it economically difficult for the survivor, whose credit is often destroyed, to escape the situation. (C) Domestic abuse survivors with poor credit are likely to face significant obstacles in establishing financial independence from their abusers. This can be due, in part, because consumer reports may be used when a person attempts to obtain a checking account, housing, insurance, utilities, employment, and even a security clearance as required for certain jobs. (D) Providing documentation of identity (``ID'') theft in order to dispute information on one's consumer report can be particularly challenging for those who know their financial abuser. (E) While it is easier for consumers who obtain a police report to remove fraudulent information from their consumer report and prevent it from reappearing in the future, according to the Empire Justice Center, safety and other noncredit concerns may impact the capacity of a survivor of financial abuse committed by a known person to turn to law enforcement to get a police report. (F) According to the Legal Aid Society in New York, domestic abuse survivors, seeking to remove adverse information stemming from financial abuse by contacting their furnishers directly, are likely to face skepticism about claims of ID theft perpetrated by a partner because of an assumption that they are aware of, and may have been complicit in, the activity which the survivor alleges stems from financial abuse. (6) Deceptive and misleading marketing practices.-- (A) The Consumer Bureau's February 2015 report titled ``Consumer Voices on Credit Reports and Scores'' found that some consumers did not obtain a copy of their consumer report due to concerns about security or of being trapped into purchasing unwanted products like an additional report or a credit monitoring service. (B) In January 2017, the Consumer Bureau fined TransUnion and Equifax for deceptively marketing credit scores for purchase by consumers as the same credit scores typically used by lenders to determine creditworthiness and for luring consumers into costly subscription services that were advertised as ``free'' or ``$1'' that automatically charged recurring fees unless cancelled by consumers. The Consumer Bureau also found that Equifax was illegally advertising its products on webpages that consumers accessed through AnnualCreditReport.com before consumers obtained their free disclosures. Because of these troubling practices, TransUnion was ordered to pay $13.9 million in restitution to harmed consumers and a civil penalty of $3 million to the Consumer Bureau. Equifax was ordered to pay more than $3.7 million to affected consumers as well as a civil money penalty of $2.5 million to the Consumer Bureau. As part of the consent orders, the CRAs are also supposed to change the way that they sell their products to consumers. The CRAs must also obtain consumers' express consent before enrolling them into subscription services as well as make it easer for consumers to cancel these programs. (C) The Consumer Bureau fined the other nationwide CRA--Experian--in March 2017 for deceiving consumers about the use of credit scores that it marketed and sold to consumers as credit scores that were used by lenders and for illegally advertising its products on web pages that consumers accessed through AnnualCreditReport.com before they obtained their free annual disclosures. Experian was ordered to pay more than $3.7 million in restitution to harmed consumers and a civil monetary penalty of $2.5 million to the Consumer Bureau. (D) The Consumer Bureau's January and March 2017 consent orders with the three nationwide CRAs show that these CRAs have enticed consumers into purchasing products and services that they may not want or need, in some instances by advertising products or services ``free'' that automatically converted into an ongoing subscription service at the regular price unless cancelled by the consumer. Although these CRAs must now change their deceptive marketing practices, codifying these duties is an appropriate way to ensure that these companies never revert back to such misleading tactics. (E) Given the ubiquitous use of consumer reports in consumers' lives and the fact that consumers' participation in the credit reporting system is involuntary, CRAs should also prioritize providing consumers with the effective means to safeguard their personal and financial information and improve their credit standing, rather than seeking to exploit consumers' concerns and confusion about credit reporting and scoring, to boost their companies' profits. (F) Vulnerable consumers, who have legitimate concerns about the security of their personal and financial information, deserve clear, accurate, and transparent information about the credit reporting tools that may be available to them, such as fraud alerts and freezes. (7) Protections for consumers' credit information.-- (A) Despite heightened awareness, incidents of ID theft continue to rise. In February 2015, the FTC reported that ID theft was the top consumer complaint that it received for the 15th consecutive year. As these incidents increase, consumers experience significant financial loss and emotional distress from the inability to safeguard effectively and inexpensively their credit information from bad actors. (B) According to a Carnegie Mellon study, children are 50 times more likely than adults to have their identities stolen. Child identities are valuable to thieves because most children do not have existing files, and their parents may not notice fraudulent activity until their child applies for a student loan, a job, or a credit card. As a result, the fraudulent activity of the bad actors may go undetected for years. (C) Despite the increasing incidents of children's ID theft, parents who want to proactively prevent their children from having their identity stolen, may not be able to do so. Only one of the three nationwide CRAs currently allows parents from any State to set up a freeze for a minor child. At the other two nationwide CRAs, parents can only obtain a freeze after a child has become an ID theft victim because, it is only at this point, that these CRAs have an existing credit file for the child. While many States have enacted laws to address this problem, there is no existing Federal law. (D) According to Javelin Strategy & Research's 2015 Identity Fraud study, $16 billion was stolen by fraudsters from 12.7 million American consumers in 2014. Similarly, the United States Department of Justice found an estimated 7 percent of all residents age 16 or older (about 17.6 million persons) in this country were victims of one or more incidents of ID theft in 2014, and the number of elderly victims age 65 or older (about 86 percent) increased from 2.1 million in 2012 to 2.6 million in 2014. (E) Consumers frequently express concern about the security of their financial information. According to a 2015 MasterCard survey, a majority of consumers (77 percent) have anxiety about the possibility that their financial information and Social Security numbers may be stolen or compromised, with about 55 percent of consumers indicating that they would rather have naked pictures of themselves leaked online than have their financial information stolen. (F) That survey also revealed that consumers' fears about the online security of their financial information even outweighed consumers' worries about other physical security dangers such as having their houses robbed (59 percent) or being pickpocketed (46 percent). (G) According to Consumer Reports, roughly 50 million American consumers spent about $3.5 billion in 2010 to purchase products aimed at protecting their identity, with the annual cost of these services ranging from $120 to $300. As risks to consumers' personal and financial information continue to grow, consumers need additional protections to ensure that they have fair and reasonable access to the full suite of ID theft and fraud prevention measures that may be right for them. SEC. 3. EFFECTIVE DATE. Except as otherwise specified, the amendments made by this Act shall take effect 2 years after the date of the enactment of this Act. SEC. 4. GENERAL BUREAU RULEMAKING. Except as otherwise provided, not later than the end of the 2-year period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final rules to implement the amendments made by this Act. TITLE I--RESTORING THE IMPAIRED CREDIT OF VICTIMS OF PREDATORY ACTIVITIES AND UNFAIR CONSUMER REPORTING PRACTICES SEC. 101. SHORTENS THE TIME PERIOD THAT MOST ADVERSE CREDIT INFORMATION STAYS ON CONSUMER REPORTS. (a) In General.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended-- (1) in subsection (a)-- (A) by striking ``Except as authorized under subsection (b), no'' and inserting ``No''; (B) in paragraph (1), by striking ``10 years'' and inserting ``7 years''; (C) in paragraph (2), by striking ``Civil suits, civil judgments, and records'' and inserting ``Records''; (D) in paragraph (3), by striking ``seven years'' and inserting ``4 years''; (E) in paragraph (4), by striking ``seven years'' and inserting ``4 years, except as provided in paragraph (8), (10), (11), (12), or (13), or as required by section 605C, 605D, 605E, or 605F''; (F) in paragraph (5)-- (i) by striking ``, other than records of convictions of crimes''; and (ii) by striking ``seven years'' and inserting ``4 years, except as required by section 605C, 605D, 605E, or 605F''; and (G) by adding at the end the following new paragraphs: ``(9) Civil suits and civil judgments (except as provided in paragraph (8)) that, from date of entry, antedate the report by more than 4 years or until the governing statute of limitations has expired, whichever is the longer period. ``(10) A civil suit or civil judgment-- ``(A) brought by a private education loan holder that, from the date of successful completion of credit restoration or rehabilitation in accordance with the requirements of section 605D or 605E, antedates the report by 45 calendar days; or ``(B) brought by a lender with respect to a covered residential mortgage loan that antedates the report by 45 calendar days. ``(11) Records of convictions of crimes which antedate the report by more than 7 years. ``(12) Any other adverse item of information relating to the collection of debt that did not arise from a contract or an agreement to pay by a consumer, including fines, tickets, and other assessments, as determined by the Bureau, excluding tax liability.''; (2) by striking subsection (b) and redesignating subsections (c) through (h) as subsections (b) through (g), respectively; and (3) in subsection (b) (as so redesignated), by striking ``7-year period referred to in paragraphs (4) and (6)'' and inserting ``4-year period referred to in paragraphs (4) and (5)''. (b) Conforming Amendments.--The Fair Credit Reporting Act (15 U.S.C. 1681) is amended-- (1) in section 616(d), by striking ``section 605(g)'' each place that term appears and inserting ``section 605(f)''; and (2) in section 625(b)(5)(A), by striking ``section 605(g)'' and inserting ``section 605(f)''. SEC. 102. MANDATES THE EXPEDITED REMOVAL OF FULLY PAID OR SETTLED DEBT FROM CONSUMER REPORTS. Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as amended by section 101(a)(1), is further amended by adding at the end the following new paragraph: ``(13) Any other adverse item of information related to a fully paid or settled debt that had been characterized as delinquent, charged off, or in collection which, from the date of payment or settlement, antedates the report by more than 45 calendar days.''. SEC. 103. IMPOSES RESTRICTIONS ON THE APPEARANCE OF MEDICAL COLLECTIONS ON CONSUMER REPORTS AND REQUIRES THE EXPEDITED REMOVAL OF FULLY PAID OR SETTLED MEDICAL COLLECTIONS FROM CONSUMER REPORTS. (a) Removal of Fully Paid or Settled Medical Debt From Consumer Reports.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as amended by section 102, is further amended by adding at the end the following new paragraph: ``(14) Any other adverse item of information related to a fully paid or settled debt arising from the receipt of medical services, products, or devices that had been characterized as delinquent, charged off, or in collection which, from the date of payment or settlement, antedates the report by more than 45 calendar days.''. (b) Establishing an Extended Time Period Before Certain Medical Debt Information May Be Reported.--Section 605(a) of such Act is further amended by adding at the end the following new paragraph: ``(15) Any information related to a debt arising from the receipt of medical services, products, or devices, if the date on which such debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 365 calendar days.''. (c) Prohibition on Reporting Medically Necessary Procedures.-- Section 605(a) of such Act is further amended by adding at the end the following new paragraph: ``(16) Any information related to a debt arising from a medically necessary procedure.''. (d) Technical Amendment.--Section 604(g)(1)(C) of the Fair Credit Reporting Act (15 U.S.C. 1681b(g)(1)(C)) is further amended by striking ``devises'' and inserting ``devices''. SEC. 104. PROVIDES CREDIT RESTORATION FOR VICTIMS OF PREDATORY MORTGAGE LENDING AND SERVICING. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``Sec. 605C. Credit restoration for victims of predatory mortgage lending ``(a) In General.--A consumer reporting agency may not furnish any consumer report containing any adverse item of information relating to a covered residential mortgage loan (including the origination and servicing of such a loan, any loss mitigation activities related to such a loan, and any foreclosure, deed in lieu of foreclosure, or short sale related to such a loan), if the action or inaction to which the item of information relates-- ``(1) resulted from an unfair, deceptive, or abusive act or practice, or a fraudulent, discriminatory, or illegal activity of a financial institution, as determined by the Bureau or a court of competent jurisdiction; or ``(2) is related to an unfair, deceptive, or abusive act, practice, or a fraudulent, discriminatory, or illegal activity of a financial institution that is the subject of a settlement agreement initiated on behalf of a consumer or consumers and that is between the financial institution and an agency or department of a local, State, or Federal Government, regardless of whether such settlement includes an admission of wrongdoing. ``(b) Covered Residential Mortgage Loan Defined.--In this section, the term `covered residential mortgage loan' means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling (as defined in section 103(w) of the Truth in Lending Act), including a loan in which the proceeds will be used for-- ``(1) a manufactured home (as defined in section 603 of the Housing and Community Development Act of 1974 (42 U.S.C. 5402)); ``(2) any installment sales contract, land contract, or contract for deed on a residential property; or ``(3) a reverse mortgage transaction (as defined in section 103 of the Truth in Lending Act).''. (b) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: ``605C. Credit restoration for victims of predatory mortgage lending.''. (c) Effective Date.--The amendments made by this section shall take effect at the end of the 18-month period beginning on the date of the enactment of this Act. SEC. 105. PROVIDES CREDIT RELIEF FOR PRIVATE EDUCATION LOANS BORROWERS WHO WERE DEFRAUDED OR MISLEAD BY PROPRIETARY EDUCATION INSTITUTION OR CAREER EDUCATION PROGRAMS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by section 104, is further amended by inserting after section 605C the following new section: ``Sec. 605D. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution or career education programs ``(a) Process for Certification as a Qualifying Private Education Loan Borrower.-- ``(1) In general.--A consumer may submit a request to the Bureau, along with a defraudment claim, to be certified as a qualifying private education loan borrower with respect to a private education loan. ``(2) Certification.--The Bureau shall certify a consumer described in paragraph (1) as a qualifying private education loan borrower with respect to a private education loan if the Bureau or a court of competent jurisdiction determines that the consumer has a valid defraudment claim with respect to such loan. ``(b) Removal of Adverse Information.--Upon receipt of a notice described in subsection (d)(5), a consumer reporting agency shall remove any adverse information relating to any private education loan with respect to which a consumer is a qualifying private education loan borrower from any consumer report within 45 calendar days of receipt of such notification. ``(c) Disclosure.--The Bureau shall disclose the results of a certification determination in writing to the consumer that provides a clear and concise explanation of the basis for the determination of whether such consumer is a qualifying private education loan borrower with respect to a private education loan and, as applicable, an explanation of the consumer's right to have adverse information relating to such loan removed from their consumer report by a consumer reporting agency. ``(d) Procedures.--The Bureau shall-- ``(1) establish procedures for a consumer to submit a request described in subsection (a); ``(2) establish procedures to efficiently review, accept, and process such a request; ``(3) develop ongoing outreach initiatives and education programs to inform consumers of the circumstances under which such consumer may be eligible to be certified as a qualifying private education loan borrower with respect to a private education loan; ``(4) establish procedures, including the manner, form, and content of the notice informing a private educational loan holder of the prohibition on reporting any adverse information relating to a private education loan with respect to which a consumer is a qualifying private education loan borrower; and ``(5) establish procedures, including the manner, form, and content of the notice informing a consumer reporting agency of the obligation to remove any adverse information as described in subsection (c). ``(e) Standardized Reporting Codes.--A consumer reporting agency shall develop standardized reporting codes for use by private education loan holders to identify and report a qualifying private education loan borrower's status of a request to remove any adverse information relating to any private education loan with respect to which such consumer is a qualifying private education loan borrower. A consumer report in which a person furnishes such codes shall be deemed to comply with the requirements for accuracy and completeness required under sections 623(a)(1) and 630. Such codes shall not appear on any report provided to a third party, and shall be removed from the consumer's credit report upon the successful restoration of the consumer's credit under this section. ``(f) Defraudment Claim Defined.--For purposes of this section, the term `defraudment claim' means a claim made with respect to a consumer who is a borrower of a private education loan with respect to a proprietary educational institution or career education program in which the consumer alleges that-- ``(1) the proprietary educational institution or career education program-- ``(A) engaged in an unfair, deceptive, or abusive act or practice, or a fraudulent, discriminatory, or illegal activity-- ``(i) as defined by State law of the State in which the proprietary educational institution or career education program is headquartered or maintains or maintained significant operations; or ``(ii) under Federal law; ``(B) is the subject of an enforcement order, a settlement agreement, a memorandum of understanding, a suspension of tuition assistance, or any other action relating to an unfair, deceptive, or abusive act or practice that is between the proprietary educational institution or career education program and an agency or department of a local, State, or Federal Government; or ``(C) misrepresented facts to students or accrediting agencies or associations about graduation or gainful employment rates in recognized occupations or failed to provide the coursework necessary for students to successfully obtain a professional certification or degree from the proprietary educational institution or career education program; or ``(2) the consumer has submitted a valid defense to repayment claim with respect to such loan, as determined by the Secretary of Education.''. (b) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605C (as added by section 104) the following new item: ``605D. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution or career education programs.''. SEC. 106. ESTABLISHES RIGHT FOR VICTIMS OF FINANCIAL ABUSE TO HAVE ADVERSE INFORMATION ASSOCIATED WITH AN ABUSER'S FRAUDULENT ACTIVITY REMOVED FROM THEIR CONSUMER REPORTS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by section 105, is further amended by inserting after section 605D the following new section: ``Sec. 605E. Financial abuse prevention ``For a consumer who is the victim of intentionally abusive or harmful financial behavior, including severe forms of trafficking in persons or sex trafficking, as such terms are defined in the Trafficking Victims Protection Act of 2000, as determined by a court of competent jurisdiction including a family court, juvenile court, or other court with personal jurisdiction, that was conducted by a spouse, family or household member, caregiver, or person with whom such consumer had a dating relationship in a manner which resulted in the inclusion of an adverse item of information on the consumer report of the consumer, and the consumer did not participate in or consent to such behavior, the consumer may apply to a court of competent jurisdiction, including a family court, juvenile court, or other court with personal jurisdiction, for an order to require the removal of such adverse information from the consumer's file maintained by any consumer reporting agency.''. (b) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605D the following new item: ``605E. Financial abuse prevention.''. SEC. 107. PROHIBITS TREATMENT OF CREDIT RESTORATION OR REHABILITATION AS ADVERSE INFORMATION. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) by adding at the end the following new section: ``Sec. 630. Prohibition of certain factors related to Federal credit restoration or rehabilitation ``(a) Restriction on Credit Scoring Models.--A credit scoring model may not-- ``(1) take into consideration, in a manner adverse to a consumer's credit score or educational credit score, any information in a consumer report concerning the consumer's participation in credit restoration or rehabilitation under section 605C, 605D, or 605E; or ``(2) treat negatively, in a manner adverse to a consumer's credit score or educational credit score, the absence of payment history data for an existing account, whether the account is open or closed, where the absence of such information is the result of a consumer's participation in credit restoration or rehabilitation under section 605C, 605D, or 605E. ``(b) Restriction on Persons Obtaining Consumer Reports.--A person who obtains a consumer report may not-- ``(1) take into consideration, in a manner adverse to a consumer, any information in a consumer report concerning the consumer's participation in credit restoration or rehabilitation under section 605C, 605D, or 605E; or ``(2) treat negatively the absence of payment history data for an existing account, whether the account is open or closed, where the absence of such information is the result of a consumer's participation in credit restoration or rehabilitation under section 605C, 605D, or 605E. ``(c) Accuracy and Completeness.--If a person who furnishes information to a consumer reporting agency requests the removal of information from a consumer report or a consumer reporting agency removes information from a consumer report in compliance with the requirements under section 605C, 605D, or 605E, or such information was removed pursuant at section 605(a)(11), such report shall be deemed to satisfy the requirements for accuracy and completeness with respect to such information. ``(d) Prohibition Related to Adverse Actions and Risk-Based Pricing Decisions.--No person shall use information related to a consumer's participation in credit restoration or rehabilitation under section 605C, 605D, or 605E in connection with any determination of-- ``(1) the consumer's eligibility or continued eligibility for an extension of credit; ``(2) the terms and conditions offered to a consumer regarding an extension of credit; or ``(3) an adverse action made for employment purposes.''; and (2) in the table of contents for such Act, by adding at the end the following new item: ``630. Prohibition of certain factors related to Federal credit restoration or rehabilitation.''. TITLE II--EXPANDING ACCESS TO TOOLS TO PROTECT VULNERABLE CONSUMERS FROM IDENTITY THEFT, FRAUD, OR A RELATED CRIME, AND PROTECT VICTIMS FROM FURTHER HARM SEC. 201. IDENTITY THEFT REPORT DEFINITION. Paragraph (4) of section 603(q) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)(4)) is amended to read as follows: ``(4) Identity theft report.--The term `identity theft report' has the meaning given that term by rule of the Bureau, and means, at a minimum, a report-- ``(A) that is a standardized affidavit that alleges that a consumer has been a victim of identity theft, fraud, or a related crime, or has been harmed by the unauthorized disclosure of the consumer's financial or personally identifiable information, that was developed and made available by the Bureau; or ``(B)(i) that alleges an identity theft, fraud, or a related crime, or alleges harm from the unauthorized disclosure of the consumer's financial or personally identifiable information; ``(ii) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau; and ``(iii) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.''. SEC. 202. AMENDMENT TO PROTECTION FOR FILES AND CREDIT RECORDS OF PROTECTED CONSUMERS. (a) Amendment to Definition of ``File''.--Section 603(g) of the Fair Credit Reporting Act (15 U.S.C. 1681a(g)) is amended by inserting ``, except that such term excludes a record created pursuant to section 605A(j)'' after ``stored''. (b) Amendment to Protection for Files and Credit Records.--Section 605A(j) of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(j)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)(ii), by striking ``an incapacitated person or a protected person'' and inserting ``a person''; and (B) by amending subparagraph (E) to read as follows: ``(E) The term `security freeze'-- ``(i) has the meaning given in subsection (i)(1)(C); and ``(ii) with respect to a protected consumer for whom the consumer reporting agency does not have a file, means a record that is subject to a security freeze that a consumer reporting agency is prohibited from disclosing to any person requesting the consumer report for the purpose of opening a new account involving the extension of credit.''; and (2) in paragraph (4)(D), by striking ``a protected consumer or a protected consumer's representative under subparagraph (A)(i)'' and inserting ``a protected consumer described under subparagraph (A)(ii) or a protected consumer's representative''. SEC. 203. ENHANCES FRAUD ALERT PROTECTIONS. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``One- Call'' and inserting ``One-Year''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``Initial alerts'' and inserting ``In general''; (ii) by inserting ``or harmed by the unauthorized disclosure of the consumer's financial or personally identifiable information,'' after ``identity theft,''; (iii) in subparagraph (A), by striking ``and'' at the end; (iv) in subparagraph (B)-- (I) by inserting ``1-year'' before ``fraud alert''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following new subparagraph: ``(C) upon the expiration of the 1-year period described in subparagraph (A) or a subsequent 1-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for a period of 1 additional year if the information asserted in this paragraph remains applicable.''; and (C) in paragraph (2)-- (i) in the paragraph heading, by inserting ``and credit or educational credit scores'' after ``reports''; (ii) by inserting ``1-year'' before ``fraud alert''; (iii) in subparagraph (A), by inserting ``and credit score or educational credit score'' after ``file''; and (iv) in subparagraph (B), by striking ``any request described in subparagraph (A)'' and inserting ``the consumer reporting agency includes the 1-year fraud alert in the file of a consumer''; (2) in subsection (b)-- (A) in the subsection heading, by striking ``Extended'' and inserting ``Seven-Year''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``5-year period beginning on the date of such request'' and inserting ``such 7-year period''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``extended'' and inserting ``7-year''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(D) upon the expiration of such 7-year period or a subsequent 7-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for a period of 7 additional years if the consumer or such representative submits an updated identity theft report.''; and (C) in paragraph (2)-- (i) in the paragraph heading, by inserting ``and credit or educational credit scores'' after ``reports''; and (ii) by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file and credit score or educational credit score of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the consumer's file; and''; (3) in subsection (c)-- (A) in paragraph (1), by inserting ``or educational credit score'' after ``credit score''; (B) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively (and conforming the margins accordingly); (C) by striking ``Upon the direct request'' and inserting: ``(1) In general.--Upon the direct request''; and (D) by adding at the end the following new paragraph: ``(2) Access to free reports and credit or educational credit scores.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file and credit score or educational credit score of the active duty military consumer pursuant to section 612(d), during each 12-month period beginning on the date that the activity duty military alert is requested and ending on the date of the last day the active duty alert applies to the file of the active duty military consumer; and ``(B) provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 3 business days after any request described in subparagraph (A).''; (4) by amending subsection (d) to read as follows: ``(d) Procedures.--Each consumer reporting agency described in section 603(p) shall include on the webpage required under subsection (i) policies and procedures to comply with this section, including policies and procedures-- ``(1) that inform consumers of the availability of 1-year fraud alerts, 7-year fraud alerts, active duty alerts, and security freezes (as applicable); ``(2) that allow consumers to request 1-year fraud alerts, 7-year fraud alerts, and active duty alerts (as applicable) and to place, temporarily lift, or fully remove a security freeze in a simple and easy manner; and ``(3) for asserting in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the consumer's financial or personally identifiable information, for a consumer seeking a 1-year fraud alert or security freeze.''; (5) in subsection (e), by inserting ``1-year or 7-year'' before ``fraud alert''; (6) in subsection (f), by striking ``or active duty alert'' and inserting ``active duty alert, or security freeze (as applicable)''; (7) in subsection (g)-- (A) by inserting ``or has been harmed by the unauthorized disclosure of the consumer's financial or personally identifiable information, or to inform such agency of the consumer's participation in credit restoration or rehabilitation under section 605C, 605D, or 605E,'' after ``identity theft,''; and (B) by inserting ``or security freezes'' after ``request alerts''; (8) in subsection (h)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``initial'' and inserting ``1-year''; and (ii) by striking ``initial'' and inserting ``1-year'' each place such term appears; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``extended'' and inserting ``7-year''; and (ii) by striking ``extended'' and inserting ``7-year'' each place such term appears; and (9) in subsection (i)(4)-- (A) by striking subparagraphs (E) and (I); and (B) by redesignating subparagraphs (F), (G), (H), and (J) as subparagraphs (E), (F), (G), and (H), respectively. SEC. 204. AMENDMENT TO SECURITY FREEZES FOR CONSUMER REPORTS. (a) In General.--Section 605A(i) of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(i)) is amended-- (1) by amending the subsection heading to read as follows: ``Security Freezes for Consumer Reports''; (2) in paragraph (3)(E), by striking ``Upon receiving'' and all that follows through ``subparagraph (C),'' and inserting ``Upon receiving a direct request from a consumer for a temporary removal of a security freeze, a consumer reporting agency shall''; and (3) by adding at the end the following: ``(7) Relation to state law.--This subsection does not modify or supersede the laws of any State relating to security freezes or other similar actions, except to the extent those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this subsection, a term or provision of a State law is not inconsistent with the provisions of this subsection if the term or provision affords greater protection to the consumer than the protection provided under this subsection as determined by the Bureau.''. (b) Amendment to Webpage Requirements.--Section 605A(i)(6)(A) of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(i)(6)(A)) is amended-- (1) in clause (ii), by striking ``initial fraud alert'' and inserting ``1-year fraud alert''; (2) in clause (iii), by striking ``extended fraud alert'' and inserting ``7-year fraud alert''; and (3) in clause (iv), by striking ``fraud''. (c) Amendment to Exceptions for Certain Persons.--Section 605A(i)(4)(A) of the Consumer Credit Protection Act (15 U.S.C. 1681c- 1(i)(4)(A)) is amended to read as follows: ``(A) A person, or the person's subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an authorized account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account, contract, or debt.''. (d) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 205. CLARIFICATION OF INFORMATION TO BE INCLUDED WITH AGENCY DISCLOSURES. Section 609(c)(2) of such Act (15 U.S.C. 1681g(c)(2)) is amended-- (1) in subparagraph (B)-- (A) by striking ``consumer reporting agency described in section 603(p)'' and inserting ``consumer reporting agency described in subsection (p) or (x) of section 603''; (B) by striking ``the agency'' and inserting ``such an agency''; and (C) by inserting ``and an Internet website address'' after ``hours''; and (2) in subparagraph (E), by striking ``outdated under section 605 or'' and inserting ``outdated, required to be removed, or''. SEC. 206. PROVIDES ACCESS TO FRAUD RECORDS FOR VICTIMS. Section 609(e) of the Fair Credit Reporting Act (15 U.S.C. 1681g(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``resulting from identity theft''; (B) by striking ``claim of identity theft'' and inserting ``claim of fraudulent activity''; and (C) by striking ``any transaction alleged to be a result of identity theft'' and inserting ``any fraudulent transaction''; (2) in paragraph (2)(B)-- (A) by striking ``identity theft, at the election of the business entity'' and inserting ``fraudulent activity''; (B) by amending clause (i) to read as follows: ``(i) a copy of an identity theft report; or''; and (C) by amending clause (ii) to read as follows: ``(ii) an affidavit of fact that is acceptable to the business entity for that purpose.''; (3) in paragraph (3)(C), by striking ``identity theft'' and inserting ``fraudulent activity''; (4) by striking paragraph (8) and redesignating paragraphs (9) through (13) as paragraphs (8) through (12), respectively; and (5) in paragraph (10) (as so redesignated), by striking ``or a similar crime'' and inserting ``, fraud, or a related crime''. SEC. 207. REQUIRED BUREAU TO SET PROCEDURES FOR REPORTING IDENTITY THEFT, FRAUD, AND OTHER RELATED CRIME. Section 621(f)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681s(f)(2)) is amended-- (1) in the paragraph heading, by striking ``Model form'' and inserting ``Standardized affidavit''; (2) by striking ``The Commission'' and inserting ``The Bureau''; (3) by striking ``model form'' and inserting ``standardized affidavit''; (4) by inserting after ``identity theft'' the following: ``, fraud, or a related crime, or otherwise are harmed by the unauthorized disclosure of the consumer's financial or personally identifiable information,''; and (5) by striking ``fraud.'' and inserting ``identity theft, fraud, or other related crime. Such standardized affidavit and procedures shall not include a requirement that a consumer obtain a police report.''. SEC. 208. ESTABLISHES THE RIGHT TO FREE CREDIT MONITORING AND IDENTITY THEFT PROTECTION SERVICES FOR CERTAIN CONSUMERS. (a) Enforcement of Credit Monitoring for Servicemembers.-- (1) In general.--Subsection (k) of section 605A (15 U.S.C. 1681c-1(a)) is amended by striking paragraph (4). (2) Effective date.--This subsection and the amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Free Credit Monitoring and Identity Theft Protection Services for Certain Consumers.--Subsection (k) of section 605A (15 U.S.C. 1681c-1), is amended to read as follows: ``(k) Credit Monitoring and Identity Theft Protection Services.-- ``(1) In general.--Upon the direct request of a consumer, a consumer reporting agency described in section 603(p) that maintains a file on the consumer and has received appropriate proof of the identity of the requester (as described in section 1022.123 of title 12, Code of Federal Regulations) shall provide the consumer with credit monitoring and identity theft protection services not later than 1 business day after receiving such request sent by postal mail, toll-free telephone, or secure electronic means as established by the agency. ``(2) Fees.-- ``(A) Classes of consumers.--The Bureau may establish classes of consumers eligible to receive credit monitoring and identity theft protection services free of charge. ``(B) No fee.--A consumer reporting agency described in section 603(p) may not charge a consumer a fee to receive credit monitoring and identity theft protection services if the consumer or a representative of the consumer-- ``(i) asserts in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the consumer's financial or personally identifiable information; ``(ii) is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the request is made; ``(iii) is a recipient of public welfare assistance; ``(iv) is an active duty military consumer or a member of the National Guard (as defined in section 101(c) of title 10, United States Code); ``(v) is 65 years of age or older; or ``(vi) is a member of a class established by the Bureau under subparagraph (A). ``(3) Bureau rulemaking.--The Bureau shall issue regulations-- ``(A) to define the scope of credit monitoring and identity theft protection services required under this subsection; and ``(B) to set a fair and reasonable fee that a consumer reporting agency may charge a consumer (other than a consumer described under paragraph (2)(B)) for such credit monitoring and identity theft protection services. ``(4) Relation to state law.--This subsection does not modify or supersede the laws of any State relating to credit monitoring and identity theft protection services or other similar actions, except to the extent those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this subsection, a term or provision of a State law is not inconsistent with the provisions of this subsection if the term or provision affords greater protection to the consumer than the protection provided under this subsection as determined by the Bureau.''. SEC. 209. ENSURES REMOVAL OF INQUIRIES RESULTING FROM IDENTITY THEFT, FRAUD, OR OTHER RELATED CRIME FROM CONSUMER REPORTS. Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as amended by section 103, is further amended by adding at the end the following: ``(17) Information about inquiries made for a credit report based on requests that the consumer reporting agency verifies were initiated as the result of identity theft, fraud, or other related crime.''. TITLE III--MISCELLANEOUS SEC. 301. DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is further amended by adding at the end the following: ``(bb) Definitions Related to Days.-- ``(1) Calendar day; day.--The term `calendar day' or `day' means a calendar day, excluding any federally recognized holiday. ``(2) Business day.--The term `business day' means a day between and including Monday to Friday, and excluding any federally recognized holiday.''. SEC. 302. TECHNICAL CORRECTION RELATED TO RISK-BASED PRICING NOTICES. Section 615(h)(8) of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended-- (1) in subparagraph (A), by striking ``this section'' and inserting ``this subsection''; and (2) in subparagraph (B), by striking ``This section'' and inserting ``This subsection''. SEC. 303. FCRA FINDINGS AND PURPOSE; VOIDS CERTAIN CONTRACTS NOT IN THE PUBLIC INTEREST. (a) FCRA Findings and Purpose.--Section 602 of the Fair Credit Reporting Act (15 U.S.C. 1681(a)) is amended-- (1) in subsection (a)-- (A) by amending paragraph (1) to read as follows: ``(1) Many financial and non-financial decisions affecting consumers' lives depend upon fair, complete, and accurate credit reporting. Inaccurate and incomplete credit reports directly impair the efficiency of the financial system and undermine the integrity of using credit reports in other circumstances, and unfair credit reporting and credit scoring methods undermine the public confidence which is essential to the continued functioning of the financial services system and the provision of many other consumer products and services.''; and (B) in paragraph (4), by inserting after ``agencies'' the following: ``, furnishers, and credit scoring developers''; and (2) in subsection (b)-- (A) by striking ``It is the purpose of this title to require'' and inserting the following: ``The purpose of this title is the following: ``(1) To require''; and (B) by adding at the end the following: ``(2) To prohibit any practices and procedures with respect to credit reports and credit scores that are not in the public interest.''. (b) Voiding of Certain Contracts Not in the Public Interest.-- The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by section 107, is further amended-- (1) by adding at the end the following new section: ``Sec. 631. Voiding of certain contracts not in the public interest ``(a) In General.--Any provision contained in a contract that requires a person to not follow a provision of this title, that is against the public interest, or that otherwise circumvents the purposes of this title shall be null and void. ``(b) Rule of Construction.--Nothing in subsection (a) shall be construed as affecting other provisions of a contract that are not described under subsection (a).''; and (2) in the table of contents for such Act, by adding at the end the following new item: ``631. Voiding of certain contracts not in the public interest.''. <all>

Restoring Unfairly Impaired Credit and Protecting Consumers Act

To amend the Fair Credit Reporting act to restore the impaired credit of victims of predatory activities and unfair consumer reporting practices, to expand access to tools to protect vulnerable consumers from identity theft, fraud, or a related crime, and protect victims from further harm, and for other purposes.

Restoring Unfairly Impaired Credit and Protecting Consumers Act

Rep. Tlaib, Rashida

D

MI

This bill revises requirements regarding consumer credit information included by a consumer reporting agency on a credit report, including by The bill also requires a consumer reporting agency to provide free credit monitoring and identity theft protection services to certain consumers, including victims of fraud, active duty military, and those 65 years of age and older.

1. Findings. Effective date. General Bureau rulemaking. Shortens the time period that most adverse credit information stays on consumer reports. Mandates the expedited removal of fully paid or settled debt from consumer reports. Enhances fraud alert protections. Amendment to security freezes for consumer reports. Clarification of information to be included with agency disclosures. Provides access to fraud records for victims. Establishes the right to free credit monitoring and identity theft protection services for certain consumers. Definitions. Sec. 2. The Consumer Bureau found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. This model will penalize medical collections less than non-medical ones. As part of the consent orders, the CRAs are also supposed to change the way that they sell their products to consumers. Experian was ordered to pay more than $3.7 million in restitution to harmed consumers and a civil monetary penalty of $2.5 million to the Consumer Bureau. As a result, the fraudulent activity of the bad actors may go undetected for years. At the other two nationwide CRAs, parents can only obtain a freeze after a child has become an ID theft victim because, it is only at this point, that these CRAs have an existing credit file for the child. While many States have enacted laws to address this problem, there is no existing Federal law. 3. 4. 103. 605C. 605D. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution or career education programs.''. 605E. Financial abuse prevention.''. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) ''; and (2) in the table of contents for such Act, by adding at the end the following new item: ``630. and inserting ``identity theft, fraud, or other related crime. 1681c-1(a)) is amended by striking paragraph (4). ``(2) Business day.--The term `business day' means a day between and including Monday to Friday, and excluding any federally recognized holiday.''. 1681m) is amended-- (1) in subparagraph (A), by striking ``this section'' and inserting ``this subsection''; and (2) in subparagraph (B), by striking ``This section'' and inserting ``This subsection''. Voiding of certain contracts not in the public interest ``(a) In General.--Any provision contained in a contract that requires a person to not follow a provision of this title, that is against the public interest, or that otherwise circumvents the purposes of this title shall be null and void.

1. Findings. Effective date. General Bureau rulemaking. Shortens the time period that most adverse credit information stays on consumer reports. Mandates the expedited removal of fully paid or settled debt from consumer reports. Enhances fraud alert protections. Amendment to security freezes for consumer reports. Clarification of information to be included with agency disclosures. Provides access to fraud records for victims. Establishes the right to free credit monitoring and identity theft protection services for certain consumers. Definitions. Sec. 2. This model will penalize medical collections less than non-medical ones. Experian was ordered to pay more than $3.7 million in restitution to harmed consumers and a civil monetary penalty of $2.5 million to the Consumer Bureau. As a result, the fraudulent activity of the bad actors may go undetected for years. At the other two nationwide CRAs, parents can only obtain a freeze after a child has become an ID theft victim because, it is only at this point, that these CRAs have an existing credit file for the child. While many States have enacted laws to address this problem, there is no existing Federal law. 3. 4. 103. 605C. 605D. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution or career education programs.''. 605E. Financial abuse prevention.''. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) ''; and (2) in the table of contents for such Act, by adding at the end the following new item: ``630. and inserting ``identity theft, fraud, or other related crime. 1681c-1(a)) is amended by striking paragraph (4). ``(2) Business day.--The term `business day' means a day between and including Monday to Friday, and excluding any federally recognized holiday.''. 1681m) is amended-- (1) in subparagraph (A), by striking ``this section'' and inserting ``this subsection''; and (2) in subparagraph (B), by striking ``This section'' and inserting ``This subsection''. Voiding of certain contracts not in the public interest ``(a) In General.--Any provision contained in a contract that requires a person to not follow a provision of this title, that is against the public interest, or that otherwise circumvents the purposes of this title shall be null and void.

1. Findings. Effective date. General Bureau rulemaking. Shortens the time period that most adverse credit information stays on consumer reports. Mandates the expedited removal of fully paid or settled debt from consumer reports. Enhances fraud alert protections. Amendment to security freezes for consumer reports. Clarification of information to be included with agency disclosures. Provides access to fraud records for victims. Establishes the right to free credit monitoring and identity theft protection services for certain consumers. Definitions. Sec. 2. The Consumer Bureau found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. This model will penalize medical collections less than non-medical ones. As part of the consent orders, the CRAs are also supposed to change the way that they sell their products to consumers. Experian was ordered to pay more than $3.7 million in restitution to harmed consumers and a civil monetary penalty of $2.5 million to the Consumer Bureau. As a result, the fraudulent activity of the bad actors may go undetected for years. At the other two nationwide CRAs, parents can only obtain a freeze after a child has become an ID theft victim because, it is only at this point, that these CRAs have an existing credit file for the child. While many States have enacted laws to address this problem, there is no existing Federal law. 3. 4. 103. 605C. 605D. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution or career education programs.''. 605E. Financial abuse prevention.''. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) ''; and (2) in the table of contents for such Act, by adding at the end the following new item: ``630. ''; and (C) in paragraph (2)-- (i) in the paragraph heading, by inserting ``and credit or educational credit scores'' after ``reports''; and (ii) by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file and credit score or educational credit score of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the consumer's file; and''; (3) in subsection (c)-- (A) in paragraph (1), by inserting ``or educational credit score'' after ``credit score''; (B) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively (and conforming the margins accordingly); (C) by striking ``Upon the direct request'' and inserting: ``(1) In general.--Upon the direct request''; and (D) by adding at the end the following new paragraph: ``(2) Access to free reports and credit or educational credit scores.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file and credit score or educational credit score of the active duty military consumer pursuant to section 612(d), during each 12-month period beginning on the date that the activity duty military alert is requested and ending on the date of the last day the active duty alert applies to the file of the active duty military consumer; and ``(B) provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 3 business days after any request described in subparagraph (A). and inserting ``identity theft, fraud, or other related crime. 1681c-1(a)) is amended by striking paragraph (4). ``(2) Business day.--The term `business day' means a day between and including Monday to Friday, and excluding any federally recognized holiday.''. 1681m) is amended-- (1) in subparagraph (A), by striking ``this section'' and inserting ``this subsection''; and (2) in subparagraph (B), by striking ``This section'' and inserting ``This subsection''. Voiding of certain contracts not in the public interest ``(a) In General.--Any provision contained in a contract that requires a person to not follow a provision of this title, that is against the public interest, or that otherwise circumvents the purposes of this title shall be null and void.

1. Findings. Effective date. General Bureau rulemaking. Shortens the time period that most adverse credit information stays on consumer reports. Mandates the expedited removal of fully paid or settled debt from consumer reports. Enhances fraud alert protections. Amendment to security freezes for consumer reports. Clarification of information to be included with agency disclosures. Provides access to fraud records for victims. Establishes the right to free credit monitoring and identity theft protection services for certain consumers. Definitions. Technical correction related to risk-based pricing notices. Sec. 2. (``FCRA''). The three largest CRAs in this country are Equifax, TransUnion, and Experian. (I) Current industry practices impose an unfair burden of proof on consumers trying to fix errors on their reports. The Consumer Bureau found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. (D) According to NCLC, a disproportionate number of for-profit students are low-income and people of color. In the 2011-2012 school year, 28 percent of African Americans and 15 percent of Latinos attending four-year institutions were enrolled in a for-profit school, compared to 10 percent of Whites. FICO 9, however, is not yet widely used by lenders. This model will penalize medical collections less than non-medical ones. (C) Domestic abuse survivors with poor credit are likely to face significant obstacles in establishing financial independence from their abusers. As part of the consent orders, the CRAs are also supposed to change the way that they sell their products to consumers. Experian was ordered to pay more than $3.7 million in restitution to harmed consumers and a civil monetary penalty of $2.5 million to the Consumer Bureau. As a result, the fraudulent activity of the bad actors may go undetected for years. At the other two nationwide CRAs, parents can only obtain a freeze after a child has become an ID theft victim because, it is only at this point, that these CRAs have an existing credit file for the child. While many States have enacted laws to address this problem, there is no existing Federal law. (E) Consumers frequently express concern about the security of their financial information. 3. 4. 101. 1681) is amended-- (1) in section 616(d), by striking ``section 605(g)'' each place that term appears and inserting ``section 605(f)''; and (2) in section 625(b)(5)(A), by striking ``section 605(g)'' and inserting ``section 605(f)''. 102. 103. 104. 605C. Credit restoration for victims of predatory mortgage lending.''. 105. 605D. ``(2) Certification.--The Bureau shall certify a consumer described in paragraph (1) as a qualifying private education loan borrower with respect to a private education loan if the Bureau or a court of competent jurisdiction determines that the consumer has a valid defraudment claim with respect to such loan. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution or career education programs.''. 605E. Financial abuse prevention.''. 107. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) ''; and (2) in the table of contents for such Act, by adding at the end the following new item: ``630. ''; and (C) in paragraph (2)-- (i) in the paragraph heading, by inserting ``and credit or educational credit scores'' after ``reports''; and (ii) by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file and credit score or educational credit score of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the consumer's file; and''; (3) in subsection (c)-- (A) in paragraph (1), by inserting ``or educational credit score'' after ``credit score''; (B) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively (and conforming the margins accordingly); (C) by striking ``Upon the direct request'' and inserting: ``(1) In general.--Upon the direct request''; and (D) by adding at the end the following new paragraph: ``(2) Access to free reports and credit or educational credit scores.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file and credit score or educational credit score of the active duty military consumer pursuant to section 612(d), during each 12-month period beginning on the date that the activity duty military alert is requested and ending on the date of the last day the active duty alert applies to the file of the active duty military consumer; and ``(B) provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 3 business days after any request described in subparagraph (A). and inserting ``identity theft, fraud, or other related crime. Such standardized affidavit and procedures shall not include a requirement that a consumer obtain a police report.''. 1681c-1(a)) is amended by striking paragraph (4). ``(2) Business day.--The term `business day' means a day between and including Monday to Friday, and excluding any federally recognized holiday.''. 1681m) is amended-- (1) in subparagraph (A), by striking ``this section'' and inserting ``this subsection''; and (2) in subparagraph (B), by striking ``This section'' and inserting ``This subsection''. Voiding of certain contracts not in the public interest ``(a) In General.--Any provision contained in a contract that requires a person to not follow a provision of this title, that is against the public interest, or that otherwise circumvents the purposes of this title shall be null and void.

H.R.6046

Transportation and Public Works

This bill authorizes the Department of Transportation to provide formula grants for passenger ferry boat projects in non-urbanized areas regardless of population size.

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PASSENGER FERRY GRANTS. Section 5307(h) of title 49, United States Code, is amended by adding at the end the following: ``(4) Passenger ferries in nonurbanized areas.-- Notwithstanding paragraphs (1) and (2) and subsection (a), the Secretary may also make grants under this subsection to passenger ferry projects in nonurbanized areas regardless of population size. Such grants shall be subject to the requirements of section 5311 of title 49, United States Code.''. <all>

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants.

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants.

Official Titles - House of Representatives Official Title as Introduced To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants.

Rep. Rouzer, David

R

NC

This bill authorizes the Department of Transportation to provide formula grants for passenger ferry boat projects in non-urbanized areas regardless of population size.

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PASSENGER FERRY GRANTS. Section 5307(h) of title 49, United States Code, is amended by adding at the end the following: ``(4) Passenger ferries in nonurbanized areas.-- Notwithstanding paragraphs (1) and (2) and subsection (a), the Secretary may also make grants under this subsection to passenger ferry projects in nonurbanized areas regardless of population size. Such grants shall be subject to the requirements of section 5311 of title 49, United States Code.''. <all>

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PASSENGER FERRY GRANTS. Section 5307(h) of title 49, United States Code, is amended by adding at the end the following: ``(4) Passenger ferries in nonurbanized areas.-- Notwithstanding paragraphs (1) and (2) and subsection (a), the Secretary may also make grants under this subsection to passenger ferry projects in nonurbanized areas regardless of population size. Such grants shall be subject to the requirements of section 5311 of title 49, United States Code.''. <all>

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PASSENGER FERRY GRANTS. Section 5307(h) of title 49, United States Code, is amended by adding at the end the following: ``(4) Passenger ferries in nonurbanized areas.-- Notwithstanding paragraphs (1) and (2) and subsection (a), the Secretary may also make grants under this subsection to passenger ferry projects in nonurbanized areas regardless of population size. Such grants shall be subject to the requirements of section 5311 of title 49, United States Code.''. <all>

To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PASSENGER FERRY GRANTS. Section 5307(h) of title 49, United States Code, is amended by adding at the end the following: ``(4) Passenger ferries in nonurbanized areas.-- Notwithstanding paragraphs (1) and (2) and subsection (a), the Secretary may also make grants under this subsection to passenger ferry projects in nonurbanized areas regardless of population size. Such grants shall be subject to the requirements of section 5311 of title 49, United States Code.''. <all>

S.172

Armed Forces and National Security

This bill authorizes the National Medal of Honor Museum Foundation to establish a commemorative work on federal land in the District of Columbia in honor of the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. The foundation shall be solely responsible for the acceptance of contributions for, and the payment of expenses of, the establishment of the commemorative work. Federal funds may not be used to pay any expenses for the establishment of the commemorative work.

To authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Medal of Honor Museum Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the national medal of honor museum foundation.--The National Medal of Honor Museum Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of that title. (2) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. Calendar No. 199 117th CONGRESS 1st Session S. 172 [Report No. 117-49] _______________________________________________________________________

A bill to authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

A bill to authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

Sen. Cornyn, John

R

TX

This bill authorizes the National Medal of Honor Museum Foundation to establish a commemorative work on federal land in the District of Columbia in honor of the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. The foundation shall be solely responsible for the acceptance of contributions for, and the payment of expenses of, the establishment of the commemorative work. Federal funds may not be used to pay any expenses for the establishment of the commemorative work.

To authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Medal of Honor Museum Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the national medal of honor museum foundation.--The National Medal of Honor Museum Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of that title. (2) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. Calendar No. 199 117th CONGRESS 1st Session S. 172 [Report No. 117-49] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Medal of Honor Museum Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the national medal of honor museum foundation.--The National Medal of Honor Museum Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of that title. (2) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. Calendar No. 199 117th CONGRESS 1st Session S. 172 [Report No. 117-49] _______________________________________________________________________

To authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Medal of Honor Museum Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the national medal of honor museum foundation.--The National Medal of Honor Museum Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of that title. (2) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. Calendar No. 199 117th CONGRESS 1st Session S. 172 [Report No. 117-49] _______________________________________________________________________

To authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Medal of Honor Museum Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the national medal of honor museum foundation.--The National Medal of Honor Museum Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of that title. (2) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the National Medal of Honor Museum Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. Calendar No. 199 117th CONGRESS 1st Session S. 172 [Report No. 117-49] _______________________________________________________________________

H.R.6829

Transportation and Public Works

Freedom to Fly Maskless Act of 2022 This bill restricts the authority of the Department of Health and Human Services and the Federal Aviation Administration to issue regulations or safety standards that apply to interstate travelers for preventing the spread of communicable diseases. Specifically, the bill prohibits regulations or safety standards that require an interstate traveler to (1) undergo screening, testing, or treatment (e.g., vaccination); (2) quarantine or isolate; or (3) wear a face covering.

To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Fly Maskless Act of 2022''. SEC. 2. LIMITATION ON QUARANTINE REGULATIONS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), regulations prescribed'' and inserting ``Regulations prescribed''; (2) by striking subsection (d); (3) by redesignating subsection (e) as subsection (d); and (4) after making such redesignation, by adding at the end the following: ``(e) Notwithstanding subsection (a), and subject to subsection (c), nothing in this section authorizes requiring individuals-- ``(1) to undergo screening, testing, or treatment, including vaccination; ``(2) to quarantine or isolate; or ``(3) to wear face coverings.''. SEC. 3. LIMITATION ON AIR COMMERCE SAFETY REGULATIONS. Section 44701 of title 49, United States Code, is amended by adding at the end the following: ``(g) Prohibition on Regulations Relating to Certain Health Requirements.-- ``(1) In general.--Notwithstanding subsection (a)(5), the Administrator may not prescribe any regulations or minimum standards for safety in air commerce that require an individual to-- ``(A) undergo screening, testing, or treatment, including vaccination, for any communicable disease; ``(B) quarantine or isolate as a result of exposure, or potential exposure, to a communicable disease; or ``(C) wear a face covering. ``(2) Definition.--In this subsection, the term `air commerce' has the meaning given such term in section 40102 but does not include foreign air commerce.''. <all>

Freedom to Fly Maskless Act of 2022

To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes.

Freedom to Fly Maskless Act of 2022

Rep. Brooks, Mo

R

AL

This bill restricts the authority of the Department of Health and Human Services and the Federal Aviation Administration to issue regulations or safety standards that apply to interstate travelers for preventing the spread of communicable diseases. Specifically, the bill prohibits regulations or safety standards that require an interstate traveler to (1) undergo screening, testing, or treatment (e.g., vaccination); (2) quarantine or isolate; or (3) wear a face covering.

To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Fly Maskless Act of 2022''. SEC. 2. LIMITATION ON QUARANTINE REGULATIONS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), regulations prescribed'' and inserting ``Regulations prescribed''; (2) by striking subsection (d); (3) by redesignating subsection (e) as subsection (d); and (4) after making such redesignation, by adding at the end the following: ``(e) Notwithstanding subsection (a), and subject to subsection (c), nothing in this section authorizes requiring individuals-- ``(1) to undergo screening, testing, or treatment, including vaccination; ``(2) to quarantine or isolate; or ``(3) to wear face coverings.''. SEC. 3. LIMITATION ON AIR COMMERCE SAFETY REGULATIONS. Section 44701 of title 49, United States Code, is amended by adding at the end the following: ``(g) Prohibition on Regulations Relating to Certain Health Requirements.-- ``(1) In general.--Notwithstanding subsection (a)(5), the Administrator may not prescribe any regulations or minimum standards for safety in air commerce that require an individual to-- ``(A) undergo screening, testing, or treatment, including vaccination, for any communicable disease; ``(B) quarantine or isolate as a result of exposure, or potential exposure, to a communicable disease; or ``(C) wear a face covering. ``(2) Definition.--In this subsection, the term `air commerce' has the meaning given such term in section 40102 but does not include foreign air commerce.''. <all>

To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Fly Maskless Act of 2022''. SEC. 2. LIMITATION ON QUARANTINE REGULATIONS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), regulations prescribed'' and inserting ``Regulations prescribed''; (2) by striking subsection (d); (3) by redesignating subsection (e) as subsection (d); and (4) after making such redesignation, by adding at the end the following: ``(e) Notwithstanding subsection (a), and subject to subsection (c), nothing in this section authorizes requiring individuals-- ``(1) to undergo screening, testing, or treatment, including vaccination; ``(2) to quarantine or isolate; or ``(3) to wear face coverings.''. SEC. 3. LIMITATION ON AIR COMMERCE SAFETY REGULATIONS. Section 44701 of title 49, United States Code, is amended by adding at the end the following: ``(g) Prohibition on Regulations Relating to Certain Health Requirements.-- ``(1) In general.--Notwithstanding subsection (a)(5), the Administrator may not prescribe any regulations or minimum standards for safety in air commerce that require an individual to-- ``(A) undergo screening, testing, or treatment, including vaccination, for any communicable disease; ``(B) quarantine or isolate as a result of exposure, or potential exposure, to a communicable disease; or ``(C) wear a face covering. ``(2) Definition.--In this subsection, the term `air commerce' has the meaning given such term in section 40102 but does not include foreign air commerce.''. <all>

To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Fly Maskless Act of 2022''. SEC. 2. LIMITATION ON QUARANTINE REGULATIONS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), regulations prescribed'' and inserting ``Regulations prescribed''; (2) by striking subsection (d); (3) by redesignating subsection (e) as subsection (d); and (4) after making such redesignation, by adding at the end the following: ``(e) Notwithstanding subsection (a), and subject to subsection (c), nothing in this section authorizes requiring individuals-- ``(1) to undergo screening, testing, or treatment, including vaccination; ``(2) to quarantine or isolate; or ``(3) to wear face coverings.''. SEC. 3. LIMITATION ON AIR COMMERCE SAFETY REGULATIONS. Section 44701 of title 49, United States Code, is amended by adding at the end the following: ``(g) Prohibition on Regulations Relating to Certain Health Requirements.-- ``(1) In general.--Notwithstanding subsection (a)(5), the Administrator may not prescribe any regulations or minimum standards for safety in air commerce that require an individual to-- ``(A) undergo screening, testing, or treatment, including vaccination, for any communicable disease; ``(B) quarantine or isolate as a result of exposure, or potential exposure, to a communicable disease; or ``(C) wear a face covering. ``(2) Definition.--In this subsection, the term `air commerce' has the meaning given such term in section 40102 but does not include foreign air commerce.''. <all>

To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Fly Maskless Act of 2022''. SEC. 2. LIMITATION ON QUARANTINE REGULATIONS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) in subsection (c), by striking ``Except as provided in subsection (d), regulations prescribed'' and inserting ``Regulations prescribed''; (2) by striking subsection (d); (3) by redesignating subsection (e) as subsection (d); and (4) after making such redesignation, by adding at the end the following: ``(e) Notwithstanding subsection (a), and subject to subsection (c), nothing in this section authorizes requiring individuals-- ``(1) to undergo screening, testing, or treatment, including vaccination; ``(2) to quarantine or isolate; or ``(3) to wear face coverings.''. SEC. 3. LIMITATION ON AIR COMMERCE SAFETY REGULATIONS. Section 44701 of title 49, United States Code, is amended by adding at the end the following: ``(g) Prohibition on Regulations Relating to Certain Health Requirements.-- ``(1) In general.--Notwithstanding subsection (a)(5), the Administrator may not prescribe any regulations or minimum standards for safety in air commerce that require an individual to-- ``(A) undergo screening, testing, or treatment, including vaccination, for any communicable disease; ``(B) quarantine or isolate as a result of exposure, or potential exposure, to a communicable disease; or ``(C) wear a face covering. ``(2) Definition.--In this subsection, the term `air commerce' has the meaning given such term in section 40102 but does not include foreign air commerce.''. <all>

H.R.9001

Crime and Law Enforcement

RGV Act of 2022 or the Reduce Gun Violence Act of 2022 This bill provides certain resources for schools to increase physical security and access to mental health resources.

To secure schools, to increase access to mental health resources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``RGV Act of 2022'' or the ``Reduce Gun Violence Act of 2022''. SEC. 2. INCREASED AUTHORIZATION OF FUNDING FOR CERTAIN PROGRAMS. (a) Byrne-Jag.-- (1) Cyber monitoring.--Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following: ``(J) Cyber monitoring programs for school safety on school issued devices and school networks in-- ``(i) public elementary and secondary schools (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and ``(ii) public institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). ``(K) Assessment and identification of school security risks before implementing security changes in schools and institutions of higher education described in subparagraph (J).''. (2) Physical security to stop school violence.--For fiscal year 2023, there is authorized to be appropriated to the Attorney General to carry out the 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.), in addition to any amounts made available for such purpose, $2,000,000,000, to remain available until expended: Provided, That such amounts shall be used as provided in subparagraphs (J) and (K) of section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)). (b) COPS.--For fiscal year 2023, there is authorized to be appropriated to the Attorney General to carry out the grant program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), in addition to any amounts made available for such purpose, $2,000,000,000, to remain available until expended: Provided, That such amounts shall be used as provided under paragraph (2) of section 1701(b) of such Act (34 U.S.C. 10381(b)). (c) STOP School Violence.--Subsection (a) of section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10555) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated $1,000,000,000 for each of fiscal years 2023 through 2027, of which-- ``(1) $700,000,000 shall be made available to the BJA Director to carry out this part; and ``(2) $300,000,000 shall be made available to the COPS Director to carry out this part.''. (d) Grants for Mental Health Guidance Counselors.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART G--MENTAL HEALTH COUNSELING ``SEC. 4701. GRANTS FOR MENTAL HEALTH GUIDANCE COUNSELORS. ``(a) In General.--The Secretary shall carry out a program under which the Secretary makes allocations to States, in accordance with subsection (b), to enable States to provide funds to local educational agencies for the provision of mental health guidance counselors and related services in schools as described in subsection (c)(3). ``(b) Allocations to States.-- ``(1) In general.--From the amount appropriated to carry out this part for each fiscal year under subsection (g), each State that has a plan approved by the Secretary under paragraph (2) shall be allocated an amount determined by the Secretary based on the formula established under paragraph (3). ``(2) State plan.--To be eligible for an allocation under paragraph (1), a State shall submit to the Secretary a plan for the use of such allocation at such time, in such manner, and containing such information as the Secretary may require. ``(3) Allocation formula.--The Secretary shall develop a formula for the allocation of funds to States under paragraph (1). The formula shall be based on such factors as the Secretary determines appropriate, which may include a State's anticipated or proven need for mental health guidance counselors in elementary and secondary schools. ``(c) Subgrants to Local Educational Agencies.-- ``(1) In general.--From amounts allocated to a State under subsection (b), the State shall award grants to local educational agencies, on a competitive basis, to carry out the activities described in paragraph (3). ``(2) Application.--To be considered for a grant under paragraph (1), a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(3) Use of funds.--A local educational agency that receives a grant under paragraph (1) shall use the grant-- ``(A) for the hiring and training of mental health guidance counselors in elementary and secondary schools; and ``(B) to provide in-person and virtual mental health counseling to students of such schools. ``(d) Report to Congress.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that includes-- ``(1) a compilation of best practices for the hiring and training of mental health guidance counselors in schools; and ``(2) with respect to the year preceding the date of the report-- ``(A) the number of States that sought allocations under subsection (b); ``(B) the total amount allocated to each State under such subsection; ``(C) information on the grant program carried out by each State under subsection (c), including-- ``(i) the number of local educational agencies that applied for grants; ``(ii) the number of such agencies that received grants and the amount of each grant awarded; ``(iii) the total number students served by such agencies; ``(iv) demographic information on the students serviced by such agencies; and ``(v) the average student-to-teacher ratio in the schools served by such agencies. ``(e) Limitation.--None of the funds made available under this part may be used-- ``(1) to advance critical race theory; or ``(2) to affirm or promote gender reassignment or gender reassignment medical intervention. ``(f) Definition.--In this part: ``(1) Critical race theory.--The term `critical race theory' means the theory that-- ``(A) one race or sex is inherently superior to another race or sex; ``(B) the United States is fundamentally racist or sexist; ``(C) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; ``(D) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; ``(E) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; ``(F) an individual's moral character is necessarily determined by his or her race or sex; ``(G) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; ``(H) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or ``(I) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another. ``(2) Gender reassignment medical intervention.--The term `gender reassignment medical intervention' means-- ``(A) performing a surgery that sterilizes an individual, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, penectomy, phalloplasty, and vaginoplasty, to change the body of such individual to correspond to a sex that is discordant with biological sex; ``(B) performing a mastectomy on an individual for the purpose described in subparagraph (A); and ``(C) administering or supplying to an individual medications for the purpose described in subparagraph (A), including-- ``(i) GnRH agonists or other puberty- blocking drugs to stop or delay normal puberty; ``(ii) testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; and ``(iii) estrogen to biological males at doses that are supraphysiologic to the male sex. ``(3) Mental health guidance counselor.--The term `mental health guidance counselor' means a person who counsels individuals and groups to promote optimum mental health. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $200,000,0000 for each of fiscal years 2023 through 2027.''. (e) Offset.--Of the unobligated balances from amounts made available under section 10301 of Public Law 117-169 (commonly known as the ``Inflation Reduction Act of 2022'') on the date of enactment of this Act, $11,001,000,000 is rescinded as of such date. SEC. 3. SAFERSCHOOLS.GOV. (a) Establishment.--The Attorney General, in consultation with the Secretary of Education, the Secretary of Health and Human Services, and an appointee of the President, shall establish a website, designated as saferschools.gov, to be managed by a task force, known as the School Safety Best Practices Task Force (in this section, referred to as the ``Task Force''). (b) Task Force.-- (1) Duties.--The duties of the Task Force shall be to review, compile, and publish school safety best practices on the saferschools.gov website. (2) Number and appointment.--The Task Force shall be composed of 5 members appointed by the Attorney General. (3) Terms.-- (A) In general.--Each member shall be appointed to the Task Force for a term of 5 years. (B) Vacancies.--Any members appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (4) Pay.--Members of the Task Force shall serve without pay. (5) Meetings.--The Task Force shall meet at the call of the Chairperson and not less than quarterly. (6) No applicability.-- (A) Paperwork reduction.--The Paperwork Reduction Act (44 U.S.C. 3501) shall not apply to this section. (B) Advisory committee.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to this section. (c) Function of Website.--The saferschools.gov website shall be designed to receive comments from interested parties, which shall be published on such website. (d) Definitions.--In this section: (1) The term ``interested parties'' includes students, teachers, parents, law enforcement officers, and any person with an interest in school safety best practices. (2) The term ``parent'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (e) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this section for fiscal year 2023. <all>

Reduce Gun Violence Act of 2022

To secure schools, to increase access to mental health resources, and for other purposes.

RGV Act of 2022 Reduce Gun Violence Act of 2022

Rep. Flores, Mayra

R

TX

This bill provides certain resources for schools to increase physical security and access to mental health resources.

2. INCREASED AUTHORIZATION OF FUNDING FOR CERTAIN PROGRAMS. 7801)); and ``(ii) public institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 10151 et seq. 10152(a)(1)). 10381(b)). (c) STOP School Violence.--Subsection (a) of section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10555) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated $1,000,000,000 for each of fiscal years 2023 through 2027, of which-- ``(1) $700,000,000 shall be made available to the BJA Director to carry out this part; and ``(2) $300,000,000 shall be made available to the COPS Director to carry out this part.''. GRANTS FOR MENTAL HEALTH GUIDANCE COUNSELORS. ``(3) Allocation formula.--The Secretary shall develop a formula for the allocation of funds to States under paragraph (1). ``(c) Subgrants to Local Educational Agencies.-- ``(1) In general.--From amounts allocated to a State under subsection (b), the State shall award grants to local educational agencies, on a competitive basis, to carry out the activities described in paragraph (3). ``(e) Limitation.--None of the funds made available under this part may be used-- ``(1) to advance critical race theory; or ``(2) to affirm or promote gender reassignment or gender reassignment medical intervention. ``(f) Definition.--In this part: ``(1) Critical race theory.--The term `critical race theory' means the theory that-- ``(A) one race or sex is inherently superior to another race or sex; ``(B) the United States is fundamentally racist or sexist; ``(C) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; ``(D) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; ``(E) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; ``(F) an individual's moral character is necessarily determined by his or her race or sex; ``(G) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; ``(H) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or ``(I) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another. SEC. 3. SAFERSCHOOLS.GOV. (3) Terms.-- (A) In general.--Each member shall be appointed to the Task Force for a term of 5 years. shall not apply to this section. (d) Definitions.--In this section: (1) The term ``interested parties'' includes students, teachers, parents, law enforcement officers, and any person with an interest in school safety best practices.

2. 10152(a)(1)). 10381(b)). (c) STOP School Violence.--Subsection (a) of section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10555) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated $1,000,000,000 for each of fiscal years 2023 through 2027, of which-- ``(1) $700,000,000 shall be made available to the BJA Director to carry out this part; and ``(2) $300,000,000 shall be made available to the COPS Director to carry out this part.''. GRANTS FOR MENTAL HEALTH GUIDANCE COUNSELORS. ``(3) Allocation formula.--The Secretary shall develop a formula for the allocation of funds to States under paragraph (1). ``(f) Definition.--In this part: ``(1) Critical race theory.--The term `critical race theory' means the theory that-- ``(A) one race or sex is inherently superior to another race or sex; ``(B) the United States is fundamentally racist or sexist; ``(C) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; ``(D) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; ``(E) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; ``(F) an individual's moral character is necessarily determined by his or her race or sex; ``(G) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; ``(H) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or ``(I) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another. SEC. 3. SAFERSCHOOLS.GOV. (3) Terms.-- (A) In general.--Each member shall be appointed to the Task Force for a term of 5 years. shall not apply to this section.

To secure schools, to increase access to mental health resources, and for other purposes. 2. INCREASED AUTHORIZATION OF FUNDING FOR CERTAIN PROGRAMS. 10152(a)(1)) is amended by adding at the end the following: ``(J) Cyber monitoring programs for school safety on school issued devices and school networks in-- ``(i) public elementary and secondary schools (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and ``(ii) public institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). ``(K) Assessment and identification of school security risks before implementing security changes in schools and institutions of higher education described in subparagraph (J).''. 10151 et seq. 10152(a)(1)). 10381(b)). (c) STOP School Violence.--Subsection (a) of section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10555) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated $1,000,000,000 for each of fiscal years 2023 through 2027, of which-- ``(1) $700,000,000 shall be made available to the BJA Director to carry out this part; and ``(2) $300,000,000 shall be made available to the COPS Director to carry out this part.''. 4701. GRANTS FOR MENTAL HEALTH GUIDANCE COUNSELORS. ``(2) State plan.--To be eligible for an allocation under paragraph (1), a State shall submit to the Secretary a plan for the use of such allocation at such time, in such manner, and containing such information as the Secretary may require. ``(3) Allocation formula.--The Secretary shall develop a formula for the allocation of funds to States under paragraph (1). ``(c) Subgrants to Local Educational Agencies.-- ``(1) In general.--From amounts allocated to a State under subsection (b), the State shall award grants to local educational agencies, on a competitive basis, to carry out the activities described in paragraph (3). ``(e) Limitation.--None of the funds made available under this part may be used-- ``(1) to advance critical race theory; or ``(2) to affirm or promote gender reassignment or gender reassignment medical intervention. ``(f) Definition.--In this part: ``(1) Critical race theory.--The term `critical race theory' means the theory that-- ``(A) one race or sex is inherently superior to another race or sex; ``(B) the United States is fundamentally racist or sexist; ``(C) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; ``(D) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; ``(E) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; ``(F) an individual's moral character is necessarily determined by his or her race or sex; ``(G) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; ``(H) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or ``(I) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another. (e) Offset.--Of the unobligated balances from amounts made available under section 10301 of Public Law 117-169 (commonly known as the ``Inflation Reduction Act of 2022'') on the date of enactment of this Act, $11,001,000,000 is rescinded as of such date. SEC. 3. SAFERSCHOOLS.GOV. (2) Number and appointment.--The Task Force shall be composed of 5 members appointed by the Attorney General. (3) Terms.-- (A) In general.--Each member shall be appointed to the Task Force for a term of 5 years. (6) No applicability.-- (A) Paperwork reduction.--The Paperwork Reduction Act (44 U.S.C. App.) shall not apply to this section. (c) Function of Website.--The saferschools.gov website shall be designed to receive comments from interested parties, which shall be published on such website. (d) Definitions.--In this section: (1) The term ``interested parties'' includes students, teachers, parents, law enforcement officers, and any person with an interest in school safety best practices.

To secure schools, to increase access to mental health resources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. INCREASED AUTHORIZATION OF FUNDING FOR CERTAIN PROGRAMS. 10152(a)(1)) is amended by adding at the end the following: ``(J) Cyber monitoring programs for school safety on school issued devices and school networks in-- ``(i) public elementary and secondary schools (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and ``(ii) public institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). ``(K) Assessment and identification of school security risks before implementing security changes in schools and institutions of higher education described in subparagraph (J).''. 10151 et seq. 10152(a)(1)). ), in addition to any amounts made available for such purpose, $2,000,000,000, to remain available until expended: Provided, That such amounts shall be used as provided under paragraph (2) of section 1701(b) of such Act (34 U.S.C. 10381(b)). (c) STOP School Violence.--Subsection (a) of section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10555) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated $1,000,000,000 for each of fiscal years 2023 through 2027, of which-- ``(1) $700,000,000 shall be made available to the BJA Director to carry out this part; and ``(2) $300,000,000 shall be made available to the COPS Director to carry out this part.''. 4701. GRANTS FOR MENTAL HEALTH GUIDANCE COUNSELORS. ``(2) State plan.--To be eligible for an allocation under paragraph (1), a State shall submit to the Secretary a plan for the use of such allocation at such time, in such manner, and containing such information as the Secretary may require. ``(3) Allocation formula.--The Secretary shall develop a formula for the allocation of funds to States under paragraph (1). ``(c) Subgrants to Local Educational Agencies.-- ``(1) In general.--From amounts allocated to a State under subsection (b), the State shall award grants to local educational agencies, on a competitive basis, to carry out the activities described in paragraph (3). ``(e) Limitation.--None of the funds made available under this part may be used-- ``(1) to advance critical race theory; or ``(2) to affirm or promote gender reassignment or gender reassignment medical intervention. ``(f) Definition.--In this part: ``(1) Critical race theory.--The term `critical race theory' means the theory that-- ``(A) one race or sex is inherently superior to another race or sex; ``(B) the United States is fundamentally racist or sexist; ``(C) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; ``(D) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; ``(E) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; ``(F) an individual's moral character is necessarily determined by his or her race or sex; ``(G) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; ``(H) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or ``(I) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another. ``(2) Gender reassignment medical intervention.--The term `gender reassignment medical intervention' means-- ``(A) performing a surgery that sterilizes an individual, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, penectomy, phalloplasty, and vaginoplasty, to change the body of such individual to correspond to a sex that is discordant with biological sex; ``(B) performing a mastectomy on an individual for the purpose described in subparagraph (A); and ``(C) administering or supplying to an individual medications for the purpose described in subparagraph (A), including-- ``(i) GnRH agonists or other puberty- blocking drugs to stop or delay normal puberty; ``(ii) testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; and ``(iii) estrogen to biological males at doses that are supraphysiologic to the male sex. (e) Offset.--Of the unobligated balances from amounts made available under section 10301 of Public Law 117-169 (commonly known as the ``Inflation Reduction Act of 2022'') on the date of enactment of this Act, $11,001,000,000 is rescinded as of such date. SEC. 3. SAFERSCHOOLS.GOV. (2) Number and appointment.--The Task Force shall be composed of 5 members appointed by the Attorney General. (3) Terms.-- (A) In general.--Each member shall be appointed to the Task Force for a term of 5 years. (B) Vacancies.--Any members appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (4) Pay.--Members of the Task Force shall serve without pay. (5) Meetings.--The Task Force shall meet at the call of the Chairperson and not less than quarterly. (6) No applicability.-- (A) Paperwork reduction.--The Paperwork Reduction Act (44 U.S.C. (B) Advisory committee.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to this section. (c) Function of Website.--The saferschools.gov website shall be designed to receive comments from interested parties, which shall be published on such website. (d) Definitions.--In this section: (1) The term ``interested parties'' includes students, teachers, parents, law enforcement officers, and any person with an interest in school safety best practices.

S.953

Water Resources Development

Water for Conservation and Farming Act This bill establishes a funding source for certain water resources development projects in western states. The bill also reauthorizes and expands existing water resources development programs, as well as establishes new programs. Specifically, the bill establishes the Bureau of Reclamation Infrastructure Fund to fund water-related programs, including water reclamation and reuse projects, dam safety projects, and the WaterSMART program (which provides assistance to eligible government entities to increase water supply). Each year from FY2031-FY2061, the Department of the Treasury must deposit $300 million of revenues into this fund that would otherwise be deposited into the Reclamation Fund (which currently funds irrigation works in western states). The bill also expands the allowable uses for grants under the WaterSMART program. Next, the bill revises the Reclamation Climate Change and Water program (which assesses the impact of climate change on water supplies) by requiring Reclamation to develop a strategy to address sustaining native biodiversity during periods of drought. The bill also reauthorizes through FY2028 the Fisheries Restoration and Irrigation Mitigation program (which funds fish passage projects in certain areas that drain into the Pacific Ocean). Finally, the bill establishes new programs directed at western states to

To provide for drought preparedness and improved water supply reliability. 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 ``Water for Conservation and Farming Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--INFRASTRUCTURE DEVELOPMENT Sec. 101. Technical amendment to the Water Desalination Act of 1996. Sec. 102. Bureau of Reclamation Infrastructure Fund. Sec. 103. Watersmart extension and expansion. TITLE II--ECOSYSTEM PROTECTION AND RESTORATION Sec. 201. Waterbird and shorebird habitat creation program. Sec. 202. Sustaining biodiversity during droughts. Sec. 203. Reauthorization of Cooperative Watershed Management Program. Sec. 204. Multibenefit projects to improve watershed health. Sec. 205. Drought planning and preparedness for critically important fisheries. Sec. 206. Reauthorization of the Fisheries Restoration and Irrigation Mitigation Act of 2000. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Bureau of Reclamation Infrastructure Fund established by section 102(a). (2) Reclamation state.--The term ``Reclamation State'' has the meaning given the term in section 4014 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-322). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. TITLE I--INFRASTRUCTURE DEVELOPMENT SEC. 101. TECHNICAL AMENDMENT TO THE WATER DESALINATION ACT OF 1996. Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended by redesignating the second paragraph (1) (relating to eligible desalination projects) as paragraph (2). SEC. 102. BUREAU OF RECLAMATION INFRASTRUCTURE FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Bureau of Reclamation Infrastructure Fund'', consisting of-- (1) such amounts as are deposited in the Fund under subsection (b)(1); and (2) any interest earned on investment of amounts in the Fund under subsection (c)(1)(B). (b) Deposits to Fund.-- (1) In general.--For each of fiscal years 2031 through 2061, the Secretary of the Treasury shall deposit in the Fund $300,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), of which-- (A) $100,000,000 shall be expended by the Secretary for water reclamation and reuse projects authorized under-- (i) the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.); or (ii) section 4(a)(2) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298); (B) $100,000,000 shall be expended by the Secretary for grants authorized under section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364); and (C) $100,000,000 shall be expended by the Secretary to perform modifications to preserve the structural safety of Bureau of Reclamation dams and related facilities to ensure that Bureau of Reclamation facilities do not present unreasonable risks to public safety, property, or the environment, if the expenditures-- (i) account for not more than 85 percent of the total costs for any dam safety project; and (ii) are made in accordance with section 3 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 507). (2) Availability of amounts.--Amounts deposited in the Fund under paragraph (1) shall-- (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for the purposes described in this section under any other provision of law. (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), for each of fiscal years 2031 through 2061, the Secretary may expend from the Fund, in accordance with this section, not more than an amount equal to the sum of-- (A) the amounts deposited in the Fund for the applicable fiscal year under subsection (b)(1); and (B) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (2) Additional expenditures.-- (A) In general.--The Secretary may expend more in any fiscal year than the amounts described in paragraph (1) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under paragraph (1) in 1 or more prior fiscal years. (B) Retention in accounts.--Any additional amounts referred to in subparagraph (A) shall-- (i) accrue interest in accordance with this section; and (ii) only be expended for the purposes for which expenditures from the Fund are authorized. SEC. 103. WATERSMART EXTENSION AND EXPANSION. (a) Water Management Improvement.--Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by inserting ``, including through temporary, voluntary, and compensated transactions that decrease consumptive water use at a regional or watershed scale'' after ``imbalances''; and (B) in subparagraph (J), by striking clause (i) and inserting the following: ``(i) to increase ecological resilience to climate change by addressing climate-related impacts to, or vulnerabilities of, the water supply of the United States, including by enhancing natural water storage within a floodplain or riparian wetland;''; and (2) in paragraph (3)(B)(i), by striking subclause (II) and inserting the following: ``(II) to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.''. (b) Authorization of Appropriations.--Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended by striking subsection (e) and inserting the following: ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $700,000,000, to remain available until expended, subject to the condition that $50,000,000 of that amount shall be used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235).''. TITLE II--ECOSYSTEM PROTECTION AND RESTORATION SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CREATION PROGRAM. (a) Authorization of Habitat Creation Program.-- (1) In general.--Subject to paragraphs (2) and (3), the Secretary shall establish a program under which the Secretary shall provide financial assistance to eligible agricultural producers in Reclamation States, in the form of direct payments or credits, as applicable, to compensate the eligible agricultural producers for the creation and maintenance of waterbird and shorebird habitats. (2) Limitation on amount of financial assistance.--Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). (3) Conditions.--Financial assistance shall be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would-- (A) create new habitat that would not otherwise be created; or (B) maintain existing habitat that would not otherwise be maintained. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $3,500,000 to carry out this section for each of fiscal years 2022 through 2027, to remain available until expended. (c) Report.--Not later than October 1, 2022, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes the environmental performance of activities that are receiving, or have received, financial assistance under the program established under subsection (a)(1) during the period covered by the report. SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS. Section 9503(b) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(b)) is amended-- (1) in paragraph (3)(D), by inserting ``and native biodiversity'' after ``wildlife habitat''; and (2) in paragraph (4)(B), by inserting ``and drought biodiversity plans to address sustaining native biodiversity during periods of drought'' after ``restoration plans''. SEC. 203. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM. Section 6002 of the Omnibus Public Lands Management Act of 1976 (16 U.S.C. 1015a) is amended by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $20,000,000 for each of fiscal years 2012 through 2021; and ``(2) $40,000,000 for each of fiscal years 2022 through 2026.''. SEC. 204. MULTIBENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means-- (1) any Reclamation State, Indian Tribe, irrigation district, water district, or organization with water or power delivery authority; (2) any Reclamation State, regional authority, or local agency or authority; and (3) any nonprofit conservation organization. (b) Establishment of Competitive Grant Program.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a Reclamation State by accomplishing 1 or more of the following: (1) Ecosystem benefits. (2) Restoration of native species beyond existing or planned measures necessary to comply with Federal or State laws relating to species recovery. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial or recreational fishing. (7) Enhancement of river-based recreation, such as kayaking, rafting, and canoeing. (c) Requirements.-- (1) In general.--In awarding a grant to an eligible applicant under subsection (b), the Secretary-- (A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and (B) may not provide a grant to carry out a habitat restoration project, the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law. (2) Compliance.--A habitat restoration project awarded a grant under subsection (a) shall comply with all applicable Federal and State laws. (d) Cost-Sharing Requirement.--The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)-- (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2022 through 2025. SEC. 205. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT FISHERIES. (a) Definitions.--In this section: (1) Critically important fishery.--The term ``critically important fishery'' means-- (A) a fishery located in a Reclamation State that is commercially, culturally, or recreationally important; (B) a fishery located in a Reclamation State that contains fish species that are listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) a fishery located in a Reclamation State that is used by 1 or more Indian Tribes in the Reclamation State for ceremonial subsistence or commercial purposes. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Qualified tribal government.--The term ``qualified Tribal Government'' means any government of an Indian Tribe that the Secretary determines-- (A) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (B) has the management and organizational capability to maximize the benefits of assistance provided under subsection (c). (4) Secretary.--The term ``Secretary'' means the Secretary, acting through the Director of the United States Fish and Wildlife Service. (b) Drought Plan for Critically Important Fisheries.-- (1) In general.--Not later than January 1, 2022, and every 3 years thereafter, the Secretary, in consultation with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, and qualified Tribal Governments, shall prepare a plan to sustain the survival of critically important fisheries during future periods of extended drought through-- (A) voluntary, compensated actions by private landowners and water right holders; or (B) other investments in drought preparedness made by the Secretary. (2) Considerations.--In preparing the plan under paragraph (1), the Secretary shall consider-- (A) habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts; (B) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; (C) barging of hatchery release fish to improve survival and reduce straying; (D) coordination with water users, the Commissioner of Reclamation, State fish and wildlife agencies, qualified Tribal Governments, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat; (E) hatchery management modifications, such as expanding hatchery production of fish during periods of extended drought, if appropriate for a particular river basin; (F) hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreak, egg mortality, and other impacts of droughts in high water temperatures; (G) increasing rescue operations of upstream migrating fish; (H) improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models; (I) programs to reduce predation losses at artificially created predation hot spots; (J) habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; and (K) retrofitting existing water facilities to provide improved temperature conditions for fish. (c) Public Comment.--Before finalizing a plan under subsection (b), the Secretary shall provide for a public comment period of not less than 90 days. (d) Authorization of Appropriations for Fish Recovery Efforts.-- There is authorized to be appropriated to the Secretary to carry out fish, stream, and hatchery activities relating to fish recovery efforts, including activities carried out in coordination with the Director of the National Marine Fisheries Service, the Commissioner of Reclamation, the Chief of Engineers, applicable State fish and wildlife agencies, or a qualified Tribal Government, $25,000,000 for fiscal year 2022. (e) Effect.--Nothing in this section affects any obligation under any Federal environmental law. SEC. 206. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2000. (a) Definition of Pacific Drainage Area.--Section 2(1) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended by inserting ``or a terminal lake'' before the period at the end. (b) Authorization of Appropriations.--Section 10(a) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended by striking ``$15 million through 2021'' and inserting ``$25,000,000 for each of fiscal years 2022 through 2028''. <all>

Water for Conservation and Farming Act

A bill to provide for drought preparedness and improved water supply reliability.

Water for Conservation and Farming Act

Sen. Wyden, Ron

D

OR

This bill establishes a funding source for certain water resources development projects in western states. The bill also reauthorizes and expands existing water resources development programs, as well as establishes new programs. Specifically, the bill establishes the Bureau of Reclamation Infrastructure Fund to fund water-related programs, including water reclamation and reuse projects, dam safety projects, and the WaterSMART program (which provides assistance to eligible government entities to increase water supply). Each year from FY2031-FY2061, the Department of the Treasury must deposit $300 million of revenues into this fund that would otherwise be deposited into the Reclamation Fund (which currently funds irrigation works in western states). The bill also expands the allowable uses for grants under the WaterSMART program. Next, the bill revises the Reclamation Climate Change and Water program (which assesses the impact of climate change on water supplies) by requiring Reclamation to develop a strategy to address sustaining native biodiversity during periods of drought. The bill also reauthorizes through FY2028 the Fisheries Restoration and Irrigation Mitigation program (which funds fish passage projects in certain areas that drain into the Pacific Ocean). Finally, the bill establishes new programs directed at western states to

To provide for drought preparedness and improved water supply reliability. SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Bureau of Reclamation Infrastructure Fund. Watersmart extension and expansion. Waterbird and shorebird habitat creation program. Reauthorization of Cooperative Watershed Management Program. Multibenefit projects to improve watershed health. Drought planning and preparedness for critically important fisheries. Sec. 2. 390b note; Public Law 114-322). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 101. Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 102. (B) Retention in accounts.--Any additional amounts referred to in subparagraph (A) shall-- (i) accrue interest in accordance with this section; and (ii) only be expended for the purposes for which expenditures from the Fund are authorized. 103. (a) Water Management Improvement.--Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 201. (2) Limitation on amount of financial assistance.--Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). 202. 10363(b)) is amended-- (1) in paragraph (3)(D), by inserting ``and native biodiversity'' after ``wildlife habitat''; and (2) in paragraph (4)(B), by inserting ``and drought biodiversity plans to address sustaining native biodiversity during periods of drought'' after ``restoration plans''. 203. 204. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means-- (1) any Reclamation State, Indian Tribe, irrigation district, water district, or organization with water or power delivery authority; (2) any Reclamation State, regional authority, or local agency or authority; and (3) any nonprofit conservation organization. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial or recreational fishing. (2) Compliance.--A habitat restoration project awarded a grant under subsection (a) shall comply with all applicable Federal and State laws. (d) Cost-Sharing Requirement.--The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)-- (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2022 through 2025. 205. (3) Qualified tribal government.--The term ``qualified Tribal Government'' means any government of an Indian Tribe that the Secretary determines-- (A) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. 206.

To provide for drought preparedness and improved water supply reliability. SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Bureau of Reclamation Infrastructure Fund. Watersmart extension and expansion. Waterbird and shorebird habitat creation program. Reauthorization of Cooperative Watershed Management Program. Multibenefit projects to improve watershed health. Drought planning and preparedness for critically important fisheries. Sec. 2. 390b note; Public Law 114-322). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 101. Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 102. (B) Retention in accounts.--Any additional amounts referred to in subparagraph (A) shall-- (i) accrue interest in accordance with this section; and (ii) only be expended for the purposes for which expenditures from the Fund are authorized. 103. 201. (2) Limitation on amount of financial assistance.--Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). 202. 10363(b)) is amended-- (1) in paragraph (3)(D), by inserting ``and native biodiversity'' after ``wildlife habitat''; and (2) in paragraph (4)(B), by inserting ``and drought biodiversity plans to address sustaining native biodiversity during periods of drought'' after ``restoration plans''. 203. 204. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means-- (1) any Reclamation State, Indian Tribe, irrigation district, water district, or organization with water or power delivery authority; (2) any Reclamation State, regional authority, or local agency or authority; and (3) any nonprofit conservation organization. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial or recreational fishing. (2) Compliance.--A habitat restoration project awarded a grant under subsection (a) shall comply with all applicable Federal and State laws. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2022 through 2025. 205. (3) Qualified tribal government.--The term ``qualified Tribal Government'' means any government of an Indian Tribe that the Secretary determines-- (A) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. 206.

To provide for drought preparedness and improved water supply reliability. SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Bureau of Reclamation Infrastructure Fund. Watersmart extension and expansion. Waterbird and shorebird habitat creation program. Reauthorization of Cooperative Watershed Management Program. Multibenefit projects to improve watershed health. Drought planning and preparedness for critically important fisheries. Sec. 2. 390b note; Public Law 114-322). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 101. Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 102. 10364); and (C) $100,000,000 shall be expended by the Secretary to perform modifications to preserve the structural safety of Bureau of Reclamation dams and related facilities to ensure that Bureau of Reclamation facilities do not present unreasonable risks to public safety, property, or the environment, if the expenditures-- (i) account for not more than 85 percent of the total costs for any dam safety project; and (ii) are made in accordance with section 3 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. (B) Retention in accounts.--Any additional amounts referred to in subparagraph (A) shall-- (i) accrue interest in accordance with this section; and (ii) only be expended for the purposes for which expenditures from the Fund are authorized. 103. (a) Water Management Improvement.--Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 201. (2) Limitation on amount of financial assistance.--Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). (3) Conditions.--Financial assistance shall be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would-- (A) create new habitat that would not otherwise be created; or (B) maintain existing habitat that would not otherwise be maintained. 202. 10363(b)) is amended-- (1) in paragraph (3)(D), by inserting ``and native biodiversity'' after ``wildlife habitat''; and (2) in paragraph (4)(B), by inserting ``and drought biodiversity plans to address sustaining native biodiversity during periods of drought'' after ``restoration plans''. 203. 204. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means-- (1) any Reclamation State, Indian Tribe, irrigation district, water district, or organization with water or power delivery authority; (2) any Reclamation State, regional authority, or local agency or authority; and (3) any nonprofit conservation organization. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial or recreational fishing. (2) Compliance.--A habitat restoration project awarded a grant under subsection (a) shall comply with all applicable Federal and State laws. (d) Cost-Sharing Requirement.--The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)-- (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2022 through 2025. 205. (3) Qualified tribal government.--The term ``qualified Tribal Government'' means any government of an Indian Tribe that the Secretary determines-- (A) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. 206.

To provide for drought preparedness and improved water supply reliability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Bureau of Reclamation Infrastructure Fund. Watersmart extension and expansion. Waterbird and shorebird habitat creation program. Reauthorization of Cooperative Watershed Management Program. Multibenefit projects to improve watershed health. Drought planning and preparedness for critically important fisheries. Sec. 2. 390b note; Public Law 114-322). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 101. Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 102. 10364); and (C) $100,000,000 shall be expended by the Secretary to perform modifications to preserve the structural safety of Bureau of Reclamation dams and related facilities to ensure that Bureau of Reclamation facilities do not present unreasonable risks to public safety, property, or the environment, if the expenditures-- (i) account for not more than 85 percent of the total costs for any dam safety project; and (ii) are made in accordance with section 3 of the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 507). (B) Retention in accounts.--Any additional amounts referred to in subparagraph (A) shall-- (i) accrue interest in accordance with this section; and (ii) only be expended for the purposes for which expenditures from the Fund are authorized. 103. (a) Water Management Improvement.--Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 201. (2) Limitation on amount of financial assistance.--Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). (3) Conditions.--Financial assistance shall be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would-- (A) create new habitat that would not otherwise be created; or (B) maintain existing habitat that would not otherwise be maintained. (c) Report.--Not later than October 1, 2022, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes the environmental performance of activities that are receiving, or have received, financial assistance under the program established under subsection (a)(1) during the period covered by the report. 202. 10363(b)) is amended-- (1) in paragraph (3)(D), by inserting ``and native biodiversity'' after ``wildlife habitat''; and (2) in paragraph (4)(B), by inserting ``and drought biodiversity plans to address sustaining native biodiversity during periods of drought'' after ``restoration plans''. 203. 204. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means-- (1) any Reclamation State, Indian Tribe, irrigation district, water district, or organization with water or power delivery authority; (2) any Reclamation State, regional authority, or local agency or authority; and (3) any nonprofit conservation organization. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial or recreational fishing. (2) Compliance.--A habitat restoration project awarded a grant under subsection (a) shall comply with all applicable Federal and State laws. (d) Cost-Sharing Requirement.--The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)-- (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2022 through 2025. 205. 5304). (3) Qualified tribal government.--The term ``qualified Tribal Government'' means any government of an Indian Tribe that the Secretary determines-- (A) is involved in fishery management and recovery activities, including activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. (2) Considerations.--In preparing the plan under paragraph (1), the Secretary shall consider-- (A) habitat restoration efforts designed to provide drought refugia and increased fishery resilience during droughts; (B) relocating the release location and timing of hatchery fish to avoid predation and temperature impacts; (C) barging of hatchery release fish to improve survival and reduce straying; (D) coordination with water users, the Commissioner of Reclamation, State fish and wildlife agencies, qualified Tribal Governments, and interested public water agencies regarding voluntary water transfers, including through groundwater substitution activities, to determine if water releases can be collaboratively managed in a way that provides additional benefits for critically important fisheries without negatively impacting wildlife habitat; (E) hatchery management modifications, such as expanding hatchery production of fish during periods of extended drought, if appropriate for a particular river basin; (F) hatchery retrofit projects, such as the installation and operation of filtration equipment and chillers, to reduce disease outbreak, egg mortality, and other impacts of droughts in high water temperatures; (G) increasing rescue operations of upstream migrating fish; (H) improving temperature modeling and related forecasted information to predict water management impacts to the habitat of critically important fisheries with a higher degree of accuracy than current models; (I) programs to reduce predation losses at artificially created predation hot spots; (J) habitat restoration efforts designed to provide drought refugia and increased fisheries resilience during droughts; and (K) retrofitting existing water facilities to provide improved temperature conditions for fish. 206. 777 note; Public Law 106-502) is amended by striking ``$15 million through 2021'' and inserting ``$25,000,000 for each of fiscal years 2022 through 2028''.

H.R.1200

Taxation

Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act or the Stop CHEATERS Act This bill provides additional appropriations through FY2031 for the enforcement activities of the Internal Revenue Service and to increase audits yearly until 2025 to reach specified targets. It also provides additional appropriations for taxpayer services and operations support. The bill establishes new reporting requirements for certain banks or other financial institutions and increases enforcement penalties for accuracy-related underpayments of tax up to a maximum of 40% of the underpayment for taxpayers with a taxable income greater than $5 million.

To provide appropriations for the Internal Revenue Service to overhaul technology and strengthen enforcement, and for other purposes. Be it enacted by the Senate 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 Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act'' or the ``Stop CHEATERS Act''. SEC. 2. POLICY OF CONGRESS. It is the policy of Congress that-- (1) tax compliance, to raise revenue for national needs, restore fairness, and protect the integrity of the tax system, high-income United States citizens and corporations should pay all of the taxes they owe, (2) tax compliance, as indicated by the fraction of taxes due that are reported and paid, should be comparable among groups of taxpayers regardless of the legal entity, (3) the Internal Revenue Service should be given resources to increase audits and enforcement of tax compliance of high- income individuals to reduce the tax gap, with an emphasis on the auditing and enforcement of tax compliance by individuals with gross income of not less than $1,000,000 and of large corporations, and to modernize its technology in order to better serve taxpayers and enforce the tax laws, (4) pursuing non-filers is one of the most efficient enforcement strategies of the Internal Revenue Service because issuing non-filer notices can be a cost-effective tool that requires little more than automated notices, (5) priorities for actions and resources to improve compliance should be guided by the relative revenue loss from non-compliance, (6) it should be the goal of the Internal Revenue Service that, by the tenth tax year after the effective date of this statute, the net tax gap, as measured by the fraction of taxes that are due that are not reported and paid, should be reduced by at least one-third, as compared with the fraction estimated in the most recent Internal Revenue Service study prior to enactment of this statute, and (7) it should be the goal of the Internal Revenue Service to provide quality, timely, and accurate assistance to all taxpayers interacting with the Internal Revenue Service. SEC. 3. ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE. (a) Enforcement.-- (1) There is appropriated each amount listed in paragraph (2) for additional amounts for the ``Department of the Treasury--Internal Revenue Service--Enforcement'' account for the salaries and expenses of additional staff to strengthen the enforcement capacity of the IRS and increase audits yearly until 2025 so that the following minimum targets are reached: (A) 50 percent of individual tax returns with a disclosed total income of not less than $10,000,000. (B) 33 percent of individual tax returns with a disclosed total income of not less than $5,000,000 and less than $10,000,000. (C) 20 percent of individual tax returns with a disclosed total income of not less than $1,000,000 and less than $5,000,000. (D) 95 percent of corporations with more than $20,000,000,000 in assets reported on Schedule L. (E) 40 percent of returns reflecting taxes related to estates larger than $10,000,000. (F) 1.2 percent of returns reflecting taxes related to gifts. (G) 0.22 percent of tax returns filed by an employer with respect to employee compensation. (2) The amounts listed in this paragraph are the following: (A) For fiscal year 2022, $2,000,000,000. (B) For fiscal year 2023, $4,000,000,000. (C) For fiscal year 2024, $5,000,000,000. (D) For fiscal year 2025, $8,000,000,000. (E) For fiscal year 2026, $8,500,000,000. (F) For fiscal year 2027, $8,500,000,000. (G) For fiscal year 2028, $8,500,000,000. (H) For fiscal year 2029, $8,500,000,000. (I) For fiscal year 2030, $8,500,000,000. (J) For fiscal year 2031, $8,500,000,000. (b) Taxpayer Services.--There are appropriated the following additional amounts for the ``Department of the Treasury--Internal Revenue Service--Taxpayer Services'' account to carry out this Act: (1) For fiscal year 2022, $1,000,000,000. (2) For fiscal year 2023, $1,000,000,000. (3) For fiscal year 2024, $1,000,000,000. (4) For fiscal year 2025, $2,500,000,000. (5) For fiscal year 2026, $2,500,000,000. (6) For fiscal year 2027, $2,500,000,000. (7) For fiscal year 2028, $2,500,000,000. (8) For fiscal year 2029, $2,500,000,000. (9) For fiscal year 2030, $2,500,000,000. (10) For fiscal year 2031, $2,500,000,000. (c) Operations Support.--There are appropriated the following additional amounts for the ``Department of the Treasury--Internal Revenue Service--Operations Support'' account to overhaul outdated technology of the IRS and improve the capacity of the IRS to detect fraud related to income from a trade or business: (1) For fiscal year 2022, $1,000,000,000. (2) For fiscal year 2023, $1,000,000,000. (3) For fiscal year 2024, $1,000,000,000. (4) For fiscal year 2025, $1,000,000,000. (5) For fiscal year 2026, $1,000,000,000. (6) For fiscal year 2027, $1,000,000,000. (7) For fiscal year 2028, $1,000,000,000. (8) For fiscal year 2029, $1,000,000,000. (9) For fiscal year 2030, $1,000,000,000. (10) For fiscal year 2031, $1,000,000,000. (d) Availability.--Each additional amount appropriated by this section shall remain available until expended. SEC. 4. RETURNS RELATING TO CERTAIN BUSINESS TRANSACTIONS. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6050Z. RETURNS RELATING TO CERTAIN TRANSACTIONS. ``(a) Requirement of Reporting.--Any bank or other financial institution prescribed by the Secretary by regulation which, in the course of any calendar year, maintains an account for a covered taxpayer shall make the information return described in subsection (b) with respect to each such taxpayer at such time as the Secretary may by regulations prescribe. ``(b) Return.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of the covered taxpayer on behalf of whom such bank or financial institution managed an account, ``(B) a summary report of total deposits received and total withdrawals made in each such account of such covered taxpayer, and ``(C) such other information as the Secretary may require. ``(c) Covered Account.-- ``(1) In general.--For purposes of this section, the term `covered account' means any account belonging to a covered taxpayer the Internal Revenue Service identifies to a bank or financial institution via electronic communication with such bank or financial institution. ``(2) Regulations and guidance.--The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to facilitate-- ``(A) the identification of a covered account by the Internal Revenue Service, ``(B) the exchange of electronic information between the Internal Revenue Service and a bank or financial institution, and ``(C) the reconciliation of covered accounts with the tax return of a covered taxpayer. ``(d) Covered Taxpayer.--For purposes of this section, the term `covered taxpayer' means-- ``(1) an individual who, with respect to the applicable taxable year-- ``(A) has an adjusted gross income of $400,000 or more, and ``(B) has any income that is not otherwise reported on any other return or statement submitted to the Internal Revenue Service by a third party, or ``(2) a pass-thru business entity, including a partnership or S corporation, in which an individual described in paragraph (1) has an ownership interest. ``(e) Statement To Be Furnished to Taxpayers With Respect to Whom Information Is Required.-- ``(1) In general.--Every bank or other financial institution prescribed by the Secretary by regulation that is required to make a return under subsection (a) shall furnish to a covered taxpayer whose identity is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the qualified entity required to make such a return. ``(2) Furnishing of information.--The written statement required under paragraph (1) shall be furnished to the taxpayer on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. ``(f) Applicable Taxable Year.--For purposes of this section, the term `applicable taxable year' means the taxable year ending in the calendar year with respect to which a report is made under subsection (a). ``(g) Regulations and Guidance.--The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section, including guidance that facilitates the following objectives: ``(1) Annually on a date to be determined by the Secretary, banks and financial institutions will provide to the Internal Revenue Service an electronic file containing a complete list of the accounts of covered taxpayers and their corresponding taxpayer ID numbers. ``(2) The Secretary shall compare the files described in paragraph (1) with the tax returns of taxpayers and use such comparison to determine if a taxpayer is a covered taxpayer, and inform the proper bank or financial institution if such taxpayer is a covered taxpayer. ``(3) Banks and financial institutions shall issue a 1099 or other Form, as designated by the Secretary, to accounts identified under paragraph (2).''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050Z. Returns relating to certain transactions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 5. REPORTS TO CONGRESS. Not later than 1 year after the date of the enactment of this Act and every 2 years thereafter, the Commissioner of the Internal Revenue Service, after consultation with the Comptroller General, shall submit to Congress a report containing-- (1) a comprehensive description of-- (A) a plan to-- (i) shift more of the auditing and enforcement assets of the Internal Revenue Service toward high-income tax filers, and (ii) recruit and retain auditors with the skills essential to audit high-income individuals, and (B) the progress made in implementing such plan, (2) an estimate of revenue loss from offshore tax evasion, and (3) information with respect to revenue loss due to such tax evasion, organized by groups of taxpayers arranged by the true income level of such taxpayers, as determined by the Secretary. SEC. 6. IRS ENFORCEMENT PENALTIES INCREASED FOR CERTAIN TAXPAYERS. (a) In General.--Subsection (a) of section 6662 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Imposition of Penalty.-- ``(1) In general.--If this section applies to any portion of an underpayment of tax required to be shown on a return, there shall be added to the tax an amount equal to the applicable percentage of the portion of the underpayment to which this section applies. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of a taxpayer with a taxable income of less than $2 million, 20 percent, ``(B) in the case of a taxpayer with a taxable income greater than $2 million but less than $5 million, 30 percent, and ``(C) in the case of a taxpayer with a taxable income greater than $5 million, 40 percent.''. (b) Effective Date.--The amendment made by this section shall apply to returns on the due date which (determined without regard to extensions) is after December 31, 2022. <all>

Stop CHEATERS Act

To provide appropriations for the Internal Revenue Service to overhaul technology and strengthen enforcement, and for other purposes.

Stop CHEATERS Act Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act

Rep. Khanna, Ro

D

CA

This bill provides additional appropriations through FY2031 for the enforcement activities of the Internal Revenue Service and to increase audits yearly until 2025 to reach specified targets. It also provides additional appropriations for taxpayer services and operations support. The bill establishes new reporting requirements for certain banks or other financial institutions and increases enforcement penalties for accuracy-related underpayments of tax up to a maximum of 40% of the underpayment for taxpayers with a taxable income greater than $5 million.

This Act may be cited as the ``Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act'' or the ``Stop CHEATERS Act''. 2. POLICY OF CONGRESS. 3. ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE. (B) 33 percent of individual tax returns with a disclosed total income of not less than $5,000,000 and less than $10,000,000. (D) For fiscal year 2025, $8,000,000,000. (E) For fiscal year 2026, $8,500,000,000. (c) Operations Support.--There are appropriated the following additional amounts for the ``Department of the Treasury--Internal Revenue Service--Operations Support'' account to overhaul outdated technology of the IRS and improve the capacity of the IRS to detect fraud related to income from a trade or business: (1) For fiscal year 2022, $1,000,000,000. 4. RETURNS RELATING TO CERTAIN TRANSACTIONS. ``(e) Statement To Be Furnished to Taxpayers With Respect to Whom Information Is Required.-- ``(1) In general.--Every bank or other financial institution prescribed by the Secretary by regulation that is required to make a return under subsection (a) shall furnish to a covered taxpayer whose identity is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the qualified entity required to make such a return. ``(f) Applicable Taxable Year.--For purposes of this section, the term `applicable taxable year' means the taxable year ending in the calendar year with respect to which a report is made under subsection (a). ``(2) The Secretary shall compare the files described in paragraph (1) with the tax returns of taxpayers and use such comparison to determine if a taxpayer is a covered taxpayer, and inform the proper bank or financial institution if such taxpayer is a covered taxpayer. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050Z. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. SEC. 6. IRS ENFORCEMENT PENALTIES INCREASED FOR CERTAIN TAXPAYERS.

This Act may be cited as the ``Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act'' or the ``Stop CHEATERS Act''. 2. POLICY OF CONGRESS. 3. ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE. (B) 33 percent of individual tax returns with a disclosed total income of not less than $5,000,000 and less than $10,000,000. (D) For fiscal year 2025, $8,000,000,000. (E) For fiscal year 2026, $8,500,000,000. (c) Operations Support.--There are appropriated the following additional amounts for the ``Department of the Treasury--Internal Revenue Service--Operations Support'' account to overhaul outdated technology of the IRS and improve the capacity of the IRS to detect fraud related to income from a trade or business: (1) For fiscal year 2022, $1,000,000,000. 4. RETURNS RELATING TO CERTAIN TRANSACTIONS. ``(e) Statement To Be Furnished to Taxpayers With Respect to Whom Information Is Required.-- ``(1) In general.--Every bank or other financial institution prescribed by the Secretary by regulation that is required to make a return under subsection (a) shall furnish to a covered taxpayer whose identity is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the qualified entity required to make such a return. ``(f) Applicable Taxable Year.--For purposes of this section, the term `applicable taxable year' means the taxable year ending in the calendar year with respect to which a report is made under subsection (a). ``(2) The Secretary shall compare the files described in paragraph (1) with the tax returns of taxpayers and use such comparison to determine if a taxpayer is a covered taxpayer, and inform the proper bank or financial institution if such taxpayer is a covered taxpayer. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050Z. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. SEC. 6. IRS ENFORCEMENT PENALTIES INCREASED FOR CERTAIN TAXPAYERS.

SHORT TITLE. This Act may be cited as the ``Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act'' or the ``Stop CHEATERS Act''. 2. POLICY OF CONGRESS. It is the policy of Congress that-- (1) tax compliance, to raise revenue for national needs, restore fairness, and protect the integrity of the tax system, high-income United States citizens and corporations should pay all of the taxes they owe, (2) tax compliance, as indicated by the fraction of taxes due that are reported and paid, should be comparable among groups of taxpayers regardless of the legal entity, (3) the Internal Revenue Service should be given resources to increase audits and enforcement of tax compliance of high- income individuals to reduce the tax gap, with an emphasis on the auditing and enforcement of tax compliance by individuals with gross income of not less than $1,000,000 and of large corporations, and to modernize its technology in order to better serve taxpayers and enforce the tax laws, (4) pursuing non-filers is one of the most efficient enforcement strategies of the Internal Revenue Service because issuing non-filer notices can be a cost-effective tool that requires little more than automated notices, (5) priorities for actions and resources to improve compliance should be guided by the relative revenue loss from non-compliance, (6) it should be the goal of the Internal Revenue Service that, by the tenth tax year after the effective date of this statute, the net tax gap, as measured by the fraction of taxes that are due that are not reported and paid, should be reduced by at least one-third, as compared with the fraction estimated in the most recent Internal Revenue Service study prior to enactment of this statute, and (7) it should be the goal of the Internal Revenue Service to provide quality, timely, and accurate assistance to all taxpayers interacting with the Internal Revenue Service. 3. ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE. (B) 33 percent of individual tax returns with a disclosed total income of not less than $5,000,000 and less than $10,000,000. (D) For fiscal year 2025, $8,000,000,000. (E) For fiscal year 2026, $8,500,000,000. (c) Operations Support.--There are appropriated the following additional amounts for the ``Department of the Treasury--Internal Revenue Service--Operations Support'' account to overhaul outdated technology of the IRS and improve the capacity of the IRS to detect fraud related to income from a trade or business: (1) For fiscal year 2022, $1,000,000,000. 4. RETURNS RELATING TO CERTAIN TRANSACTIONS. ``(e) Statement To Be Furnished to Taxpayers With Respect to Whom Information Is Required.-- ``(1) In general.--Every bank or other financial institution prescribed by the Secretary by regulation that is required to make a return under subsection (a) shall furnish to a covered taxpayer whose identity is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the qualified entity required to make such a return. ``(f) Applicable Taxable Year.--For purposes of this section, the term `applicable taxable year' means the taxable year ending in the calendar year with respect to which a report is made under subsection (a). ``(g) Regulations and Guidance.--The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section, including guidance that facilitates the following objectives: ``(1) Annually on a date to be determined by the Secretary, banks and financial institutions will provide to the Internal Revenue Service an electronic file containing a complete list of the accounts of covered taxpayers and their corresponding taxpayer ID numbers. ``(2) The Secretary shall compare the files described in paragraph (1) with the tax returns of taxpayers and use such comparison to determine if a taxpayer is a covered taxpayer, and inform the proper bank or financial institution if such taxpayer is a covered taxpayer. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050Z. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. SEC. 6. IRS ENFORCEMENT PENALTIES INCREASED FOR CERTAIN TAXPAYERS.

Be it enacted by the Senate 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 Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act'' or the ``Stop CHEATERS Act''. 2. POLICY OF CONGRESS. It is the policy of Congress that-- (1) tax compliance, to raise revenue for national needs, restore fairness, and protect the integrity of the tax system, high-income United States citizens and corporations should pay all of the taxes they owe, (2) tax compliance, as indicated by the fraction of taxes due that are reported and paid, should be comparable among groups of taxpayers regardless of the legal entity, (3) the Internal Revenue Service should be given resources to increase audits and enforcement of tax compliance of high- income individuals to reduce the tax gap, with an emphasis on the auditing and enforcement of tax compliance by individuals with gross income of not less than $1,000,000 and of large corporations, and to modernize its technology in order to better serve taxpayers and enforce the tax laws, (4) pursuing non-filers is one of the most efficient enforcement strategies of the Internal Revenue Service because issuing non-filer notices can be a cost-effective tool that requires little more than automated notices, (5) priorities for actions and resources to improve compliance should be guided by the relative revenue loss from non-compliance, (6) it should be the goal of the Internal Revenue Service that, by the tenth tax year after the effective date of this statute, the net tax gap, as measured by the fraction of taxes that are due that are not reported and paid, should be reduced by at least one-third, as compared with the fraction estimated in the most recent Internal Revenue Service study prior to enactment of this statute, and (7) it should be the goal of the Internal Revenue Service to provide quality, timely, and accurate assistance to all taxpayers interacting with the Internal Revenue Service. 3. ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE. (B) 33 percent of individual tax returns with a disclosed total income of not less than $5,000,000 and less than $10,000,000. (G) 0.22 percent of tax returns filed by an employer with respect to employee compensation. (D) For fiscal year 2025, $8,000,000,000. (E) For fiscal year 2026, $8,500,000,000. (H) For fiscal year 2029, $8,500,000,000. (J) For fiscal year 2031, $8,500,000,000. (9) For fiscal year 2030, $2,500,000,000. (c) Operations Support.--There are appropriated the following additional amounts for the ``Department of the Treasury--Internal Revenue Service--Operations Support'' account to overhaul outdated technology of the IRS and improve the capacity of the IRS to detect fraud related to income from a trade or business: (1) For fiscal year 2022, $1,000,000,000. (d) Availability.--Each additional amount appropriated by this section shall remain available until expended. 4. RETURNS RELATING TO CERTAIN TRANSACTIONS. ``(e) Statement To Be Furnished to Taxpayers With Respect to Whom Information Is Required.-- ``(1) In general.--Every bank or other financial institution prescribed by the Secretary by regulation that is required to make a return under subsection (a) shall furnish to a covered taxpayer whose identity is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the qualified entity required to make such a return. ``(f) Applicable Taxable Year.--For purposes of this section, the term `applicable taxable year' means the taxable year ending in the calendar year with respect to which a report is made under subsection (a). ``(g) Regulations and Guidance.--The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section, including guidance that facilitates the following objectives: ``(1) Annually on a date to be determined by the Secretary, banks and financial institutions will provide to the Internal Revenue Service an electronic file containing a complete list of the accounts of covered taxpayers and their corresponding taxpayer ID numbers. ``(2) The Secretary shall compare the files described in paragraph (1) with the tax returns of taxpayers and use such comparison to determine if a taxpayer is a covered taxpayer, and inform the proper bank or financial institution if such taxpayer is a covered taxpayer. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050Z. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. SEC. 6. IRS ENFORCEMENT PENALTIES INCREASED FOR CERTAIN TAXPAYERS. (a) In General.--Subsection (a) of section 6662 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Imposition of Penalty.-- ``(1) In general.--If this section applies to any portion of an underpayment of tax required to be shown on a return, there shall be added to the tax an amount equal to the applicable percentage of the portion of the underpayment to which this section applies. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of a taxpayer with a taxable income of less than $2 million, 20 percent, ``(B) in the case of a taxpayer with a taxable income greater than $2 million but less than $5 million, 30 percent, and ``(C) in the case of a taxpayer with a taxable income greater than $5 million, 40 percent.''.

H.R.5368

Energy

Investing in Energy Regions Act This bill requires the Department of Energy (DOE) to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. Under the program, DOE must select no more than five projects that will be carried out in geographically diverse regions. At least two of the projects must be solar projects.

To direct the Secretary of Energy to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine 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. SHORT TITLE. This Act may be cited as the ``Investing in Energy Regions Act''. SEC. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE LAND. (a) Definitions.--In this section: (1) Clean energy project.--The term ``clean energy project'' means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (C) Geothermal. (D) Direct air capture. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (H) Wind energy. (2) Economically distressed area.--The term ``economically distressed area'' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). (3) Mine land.--The term ``mine land'' means-- (A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.). (4) Program.--The term ``program'' means the demonstration program established under subsection (b). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. (c) Selection of Demonstration Projects.-- (1) In general.--In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least two of which shall be solar projects. (2) Eligibility.--To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability. (3) Priority.--In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will-- (A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project; (B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions; (C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project; (D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly-- (i) in economically distressed areas; and (ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (E) have the greatest potential for technological innovation and commercial deployment; (F) have the lowest levelized cost of generated or stored energy; (G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and (H) have the shortest project time from permitting to completion. (4) Project selection.--The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor. (5) Compatibility with existing operations.--Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm-- (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. (d) Prevailing Wages.--To be eligible to be selected for participation in the program under subsection (c)(1), a project applicant for a clean energy project shall submit to the Secretary a written assurance that all laborers and mechanics employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). With respect to the labor standards in this subsection, 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. (e) Consultation.--The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites. (f) Technical Assistance.--The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. <all>

Investing in Energy Regions Act

To direct the Secretary of Energy to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land, and for other purposes.

Investing in Energy Regions Act

Rep. Lamb, Conor

D

PA

This bill requires the Department of Energy (DOE) to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. Under the program, DOE must select no more than five projects that will be carried out in geographically diverse regions. At least two of the projects must be solar projects.

To direct the Secretary of Energy to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land, and for other purposes. SHORT TITLE. This Act may be cited as the ``Investing in Energy Regions Act''. SEC. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE LAND. (a) Definitions.--In this section: (1) Clean energy project.--The term ``clean energy project'' means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (2) Economically distressed area.--The term ``economically distressed area'' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). 1231 et seq. ; 30 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Priority.--In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will-- (A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project; (B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions; (C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project; (D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly-- (i) in economically distressed areas; and (ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (E) have the greatest potential for technological innovation and commercial deployment; (F) have the lowest levelized cost of generated or stored energy; (G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and (H) have the shortest project time from permitting to completion. (5) Compatibility with existing operations.--Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm-- (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. App.) and section 3145 of title 40, United States Code. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.

SHORT TITLE. This Act may be cited as the ``Investing in Energy Regions Act''. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE LAND. (a) Definitions.--In this section: (1) Clean energy project.--The term ``clean energy project'' means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (2) Economically distressed area.--The term ``economically distressed area'' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 1231 et seq. ; 30 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Compatibility with existing operations.--Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm-- (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. and section 3145 of title 40, United States Code.

To direct the Secretary of Energy to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine 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. SHORT TITLE. This Act may be cited as the ``Investing in Energy Regions Act''. SEC. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE LAND. (a) Definitions.--In this section: (1) Clean energy project.--The term ``clean energy project'' means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (C) Geothermal. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (2) Economically distressed area.--The term ``economically distressed area'' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). 1231 et seq. ; 30 U.S.C. ); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Priority.--In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will-- (A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project; (B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions; (C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project; (D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly-- (i) in economically distressed areas; and (ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (E) have the greatest potential for technological innovation and commercial deployment; (F) have the lowest levelized cost of generated or stored energy; (G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and (H) have the shortest project time from permitting to completion. (4) Project selection.--The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor. (5) Compatibility with existing operations.--Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm-- (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. (d) Prevailing Wages.--To be eligible to be selected for participation in the program under subsection (c)(1), a project applicant for a clean energy project shall submit to the Secretary a written assurance that all laborers and mechanics employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. App.) and section 3145 of title 40, United States Code. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.

To direct the Secretary of Energy to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine 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. SHORT TITLE. This Act may be cited as the ``Investing in Energy Regions Act''. SEC. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE LAND. (a) Definitions.--In this section: (1) Clean energy project.--The term ``clean energy project'' means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (C) Geothermal. (D) Direct air capture. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (H) Wind energy. (2) Economically distressed area.--The term ``economically distressed area'' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). (3) Mine land.--The term ``mine land'' means-- (A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.). (4) Program.--The term ``program'' means the demonstration program established under subsection (b). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. (c) Selection of Demonstration Projects.-- (1) In general.--In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least two of which shall be solar projects. (2) Eligibility.--To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability. (3) Priority.--In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will-- (A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project; (B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions; (C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project; (D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly-- (i) in economically distressed areas; and (ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (E) have the greatest potential for technological innovation and commercial deployment; (F) have the lowest levelized cost of generated or stored energy; (G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and (H) have the shortest project time from permitting to completion. (4) Project selection.--The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor. (5) Compatibility with existing operations.--Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm-- (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. (d) Prevailing Wages.--To be eligible to be selected for participation in the program under subsection (c)(1), a project applicant for a clean energy project shall submit to the Secretary a written assurance that all laborers and mechanics employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). With respect to the labor standards in this subsection, 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. (e) Consultation.--The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites. (f) Technical Assistance.--The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. <all>

H.R.3173

Health

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

To amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Seniors' Timely Access to Care Act of 2022''. SEC. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(o) Prior Authorization Requirements.-- ``(1) In general.--In the case of a Medicare Advantage plan that imposes any prior authorization requirement with respect to any applicable item or service (as defined in paragraph (5)) during a plan year, such plan shall-- ``(A) beginning with the third plan year beginning after the date of the enactment of this subsection-- ``(i) establish the electronic prior authorization program described in paragraph (2); and ``(ii) meet the enrollee protection standards specified pursuant to paragraph (4); and ``(B) beginning with the fourth plan year beginning after the date of the enactment of this subsection, meet the transparency requirements specified in paragraph (3). ``(2) Electronic prior authorization program.-- ``(A) In general.--For purposes of paragraph (1)(A), the electronic prior authorization program described in this paragraph is a program that provides for the secure electronic transmission of-- ``(i) a prior authorization request from a provider of services or supplier to a Medicare Advantage plan with respect to an applicable item or service to be furnished to an individual and a response, in accordance with this paragraph, from such plan to such provider or supplier; and ``(ii) any attachment relating to such request or response. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(ii) Standards.--An electronic transmission described in subparagraph (A) shall comply with-- ``(I) applicable technical standards adopted by the Secretary pursuant to section 1173; and ``(II) other requirements to promote the standardization and streamlining of electronic transactions under this part specified by the Secretary. ``(iii) Deadline for specification of additional requirements.--Not later than July 1, 2023, the Secretary shall finalize requirements described in clause (ii)(II). ``(C) Real-time decisions.-- ``(i) In general.--Subject to clause (iv), the program described in subparagraph (A) shall provide for real-time decisions (as defined by the Secretary in accordance with clause (v)) by a Medicare Advantage plan with respect to prior authorization requests for applicable items and services identified by the Secretary pursuant to clause (ii) if such requests are submitted with all medical or other documentation required by such plan. ``(ii) Identification of items and services.-- ``(I) In general.--For purposes of clause (i), the Secretary shall identify, not later than the date on which the initial announcement described in section 1853(b)(1)(B)(i) for the third plan year beginning after the date of the enactment of this subsection is required to be announced, applicable items and services for which prior authorization requests are routinely approved. ``(II) Updates.--The Secretary shall consider updating the applicable items and services identified under subclause (I) based on the information described in paragraph (3)(A)(i) (if available and determined practicable to utilize by the Secretary) and any other information determined appropriate by the Secretary not less frequently than biennially. The Secretary shall announce any such update that is to apply with respect to a plan year not later than the date on which the initial announcement described in section 1853(b)(1)(B)(i) for such plan year is required to be announced. ``(iii) Request for information.--The Secretary shall issue a request for information for purposes of initially identifying applicable items and services under clause (ii)(I). ``(iv) Exception for extenuating circumstances.--In the case of a prior authorization request submitted to a Medicare Advantage plan for an individual enrolled in such plan during a plan year with respect to an item or service identified by the Secretary pursuant to clause (ii) for such plan year, such plan may, in lieu of providing a real-time decision with respect to such request in accordance with clause (i), delay such decision under extenuating circumstances (as specified by the Secretary), provided that such decision is provided no later than 72 hours after receipt of such request (or, in the case that the provider of services or supplier submitting such request has indicated that such delay may seriously jeopardize such individual's life, health, or ability to regain maximum function, no later than 24 hours after receipt of such request). ``(v) Definition of real-time decision.--In establishing the definition of a real-time decision for purposes of clause (i), the Secretary shall take into account current medical practice, technology, health care industry standards, and other relevant information relating to how quickly a Medicare Advantage plan may provide responses with respect to prior authorization requests. ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(II) Updating such definition. ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(IV) Updating applicable items and services so identified as described in clause (ii)(II). ``(3) Transparency requirements.-- ``(A) In general.--For purposes of paragraph (1)(B), the transparency requirements specified in this paragraph are, with respect to a Medicare Advantage plan, the following: ``(i) The plan, annually and in a manner specified by the Secretary, shall submit to the Secretary the following information: ``(I) A list of all applicable items and services that were subject to a prior authorization requirement under the plan during the previous plan year. ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(III) The percentage and number of specified requests submitted during the previous plan year that were made with respect to an item or service identified by the Secretary pursuant to paragraph (2)(C)(ii) for such plan year, and the percentage and number of such requests that were subject to an exception under paragraph (2)(C)(iv) (categorized by each item and service). ``(IV) The percentage and number of specified requests submitted during the previous plan year that were made with respect to an item or service identified by the Secretary pursuant to paragraph (2)(C)(ii) for such plan year that were approved (categorized by each item and service). ``(V) The percentage and number of specified requests that were denied during the previous plan year by the plan in an initial determination and that were subsequently appealed. ``(VI) The number of appeals of specified requests resolved during the preceding plan year, and the percentage and number of such resolved appeals that resulted in approval of the furnishing of the item or service that was the subject of such request, categorized by each applicable item and service and categorized by each level of appeal (including judicial review). ``(VII) The percentage and number of specified requests that were denied, and the percentage and number of specified requests that were approved, by the plan during the previous plan year through the utilization of decision support technology, artificial intelligence technology, machine- learning technology, clinical decision- making technology, or any other technology specified by the Secretary. ``(VIII) The average and the median amount of time (in hours) that elapsed during the previous plan year between the submission of a specified request to the plan and a determination by the plan with respect to such request for each such item and service, excluding any such requests that were not submitted with the medical or other documentation required to be submitted by the plan. ``(IX) The percentage and number of specified requests that were excluded from the calculation described in subclause (VIII) based on the plan's determination that such requests were not submitted with the medical or other documentation required to be submitted by the plan. ``(X) Information on each occurrence during the previous plan year in which, during a surgical or medical procedure involving the furnishing of an applicable item or service with respect to which such plan had approved a prior authorization request, the provider of services or supplier furnishing such item or service determined that a different or additional item or service was medically necessary, including a specification of whether such plan subsequently approved the furnishing of such different or additional item or service. ``(XI) A disclosure and description of any technology described in subclause (VII) that the plan utilized during the previous plan year in making determinations with respect to specified requests. ``(XII) The number of grievances (as described in subsection (f)) received by such plan during the previous plan year that were related to a prior authorization requirement. ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan, upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. ``(B) Option for plan to provide certain additional information.--As part of the information described in subparagraph (A)(i) provided to the Secretary during a plan year, a Medicare Advantage plan may elect to include information regarding the percentage and number of specified requests made with respect to an individual and an item or service that were denied by the plan during the preceding plan year in an initial determination based on such requests failing to demonstrate that such individuals met the clinical criteria established by such plan to receive such items or services. ``(C) Regulations.--The Secretary shall, through notice and comment rulemaking, establish requirements for Medicare Advantage plans regarding the provision of-- ``(i) access to criteria described in subparagraph (A)(ii)(II) to providers of services and suppliers in accordance with such subparagraph; and ``(ii) access to such criteria to enrollees in accordance with subparagraph (A)(ii)(III). ``(D) Publication of information.--The Secretary shall publish information described in subparagraph (A)(i) and subparagraph (B) on a public website of the Centers for Medicare & Medicaid Services. Such information shall be so published on an individual plan level and may in addition be aggregated in such manner as determined appropriate by the Secretary. ``(E) Medpac report.--Not later than 3 years after the date information is first submitted under subparagraph (A)(i), the Medicare Payment Advisory Commission shall submit to Congress a report on such information that includes a descriptive analysis of the use of prior authorization. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. The Commission shall provide recommendations, as appropriate, on any improvement that should be made to the electronic prior authorization programs of Medicare Advantage plans. ``(F) Specified request defined.--For purposes of this paragraph, the term `specified request' means a prior authorization request made with respect to an applicable item or service. ``(4) Enrollee protection standards.--For purposes of paragraph (1)(A)(ii), the Secretary shall, through notice and comment rulemaking, specify the following enrollee protection standards with respect to the use of prior authorization by Medicare Advantage plans for applicable items and services: ``(A) Adoption of transparent prior authorization programs developed in consultation with enrollees and with providers and suppliers with contracts in effect with such plans for furnishing such items and services under such plans; ``(B) Allowing for the waiver or modification of prior authorization requirements based on the performance of such providers and suppliers in demonstrating compliance with such requirements, such as adherence to evidence-based medical guidelines and other quality criteria; and ``(C) Conducting annual reviews of such items and services for which prior authorization requirements are imposed under such plans through a process that takes into account input from enrollees and from providers and suppliers with such contracts in effect and is based on consideration of prior authorization data from previous plan years and analyses of current coverage criteria. ``(5) Applicable item or service.--For purposes of this subsection, the term `applicable item or service' means, with respect to a Medicare Advantage plan, any item or service for which benefits are available under such plan, other than a covered part D drug. ``(6) Reports to congress.-- ``(A) GAO.--Not later than the end of the fourth plan year beginning on or after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the implementation of the requirements of this subsection and an analysis of issues in implementing such requirements faced by Medicare Advantage plans. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. (b) Ensuring Timely Responses for All Prior Authorization Requests Submitted Under Part C.--Section 1852(g) of the Social Security Act (42 U.S.C. 1395w-22(g)) is amended-- (1) in paragraph (1)(A), by inserting ``and in accordance with paragraph (6)'' after ``paragraph (3)''; (2) in paragraph (3)(B)(iii), by inserting ``(or, subject to subsection (o), with respect to prior authorization requests submitted on or after the first day of the third plan year beginning after the date of the enactment of the Improving Seniors' Timely Access to Care Act of 2022, not later than 24 hours)'' after ``72 hours''. (3) by adding at the end the following new paragraph: ``(6) Timeframe for response to prior authorization requests.--Subject to paragraph (3) and subsection (o), in the case of an organization determination made with respect to a prior authorization request for an item or service to be furnished to an individual submitted on or after the first day of the third plan year beginning after the date of the enactment of this paragraph, the organization shall notify the enrollee (and the physician involved, as appropriate) of such determination no later than 7 days (or such shorter timeframe as the Secretary may specify through notice and comment rulemaking, taking into account enrollee and stakeholder feedback) after receipt of such request.''. SEC. 3. FUNDING. The Secretary of Health and Human Services shall provide for the transfer, from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $25,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. Passed the House of Representatives September 14, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Improving Seniors’ Timely Access to Care Act of 2021

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

Improving Seniors’ Timely Access to Care Act of 2022 Improving Seniors’ Timely Access to Care Act of 2021

Rep. DelBene, Suzan K.

D

WA

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

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 ``Improving Seniors' Timely Access to Care Act of 2022''. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan, upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. SEC. 3. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $25,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act.

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Seniors' Timely Access to Care Act of 2022''. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(IV) Updating applicable items and services so identified as described in clause (ii)(II). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(VII) The percentage and number of specified requests that were denied, and the percentage and number of specified requests that were approved, by the plan during the previous plan year through the utilization of decision support technology, artificial intelligence technology, machine- learning technology, clinical decision- making technology, or any other technology specified by the Secretary. ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan, upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. Such information shall be so published on an individual plan level and may in addition be aggregated in such manner as determined appropriate by the Secretary. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. 1395w-22(g)) is amended-- (1) in paragraph (1)(A), by inserting ``and in accordance with paragraph (6)'' after ``paragraph (3)''; (2) in paragraph (3)(B)(iii), by inserting ``(or, subject to subsection (o), with respect to prior authorization requests submitted on or after the first day of the third plan year beginning after the date of the enactment of the Improving Seniors' Timely Access to Care Act of 2022, not later than 24 hours)'' after ``72 hours''. SEC. 3. FUNDING. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $25,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. Attest: CHERYL L. JOHNSON, Clerk.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Seniors' Timely Access to Care Act of 2022''. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(v) Definition of real-time decision.--In establishing the definition of a real-time decision for purposes of clause (i), the Secretary shall take into account current medical practice, technology, health care industry standards, and other relevant information relating to how quickly a Medicare Advantage plan may provide responses with respect to prior authorization requests. ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(IV) Updating applicable items and services so identified as described in clause (ii)(II). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(VII) The percentage and number of specified requests that were denied, and the percentage and number of specified requests that were approved, by the plan during the previous plan year through the utilization of decision support technology, artificial intelligence technology, machine- learning technology, clinical decision- making technology, or any other technology specified by the Secretary. ``(IX) The percentage and number of specified requests that were excluded from the calculation described in subclause (VIII) based on the plan's determination that such requests were not submitted with the medical or other documentation required to be submitted by the plan. ``(X) Information on each occurrence during the previous plan year in which, during a surgical or medical procedure involving the furnishing of an applicable item or service with respect to which such plan had approved a prior authorization request, the provider of services or supplier furnishing such item or service determined that a different or additional item or service was medically necessary, including a specification of whether such plan subsequently approved the furnishing of such different or additional item or service. ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan, upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. Such information shall be so published on an individual plan level and may in addition be aggregated in such manner as determined appropriate by the Secretary. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. ``(5) Applicable item or service.--For purposes of this subsection, the term `applicable item or service' means, with respect to a Medicare Advantage plan, any item or service for which benefits are available under such plan, other than a covered part D drug. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. 1395w-22(g)) is amended-- (1) in paragraph (1)(A), by inserting ``and in accordance with paragraph (6)'' after ``paragraph (3)''; (2) in paragraph (3)(B)(iii), by inserting ``(or, subject to subsection (o), with respect to prior authorization requests submitted on or after the first day of the third plan year beginning after the date of the enactment of the Improving Seniors' Timely Access to Care Act of 2022, not later than 24 hours)'' after ``72 hours''. SEC. 3. FUNDING. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $25,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. Attest: CHERYL L. JOHNSON, Clerk.

H.R.1006

Crime and Law Enforcement

Gun Show Loophole Closing Act of 2021 This bill establishes new requirements regarding firearm transfers at gun shows. Specifically, the bill requires the following:

To require criminal background checks on all firearms transactions occurring at gun shows. Be it enacted by the Senate 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 Show Loophole Closing Act of 2021''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--The Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(37) Gun Show Vendor.--The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of such title is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Operators.-- ``(1) In general.--It shall be unlawful for a person to operate a gun show, unless the person-- ``(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; ``(B) before commencement of the gun show-- ``(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and ``(ii) requires each such individual to sign-- ``(I) a ledger, and enter into the ledger identifying information concerning the individual; and ``(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and ``(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. ``(2) Recordkeeping.--A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. ``(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons.--It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer-- ``(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and ``(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. ``(d) Recordkeeping Requirements.-- ``(1) In general.--A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall-- ``(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and ``(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (d) Inspection Authority.--Section 923(g)(1) of such title is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (g) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a)(5) of such title is amended-- (A) by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(t)''; and (B) by striking ``1'' and inserting ``5''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (h) Authority To Hire Personnel To Inspect Gun Shows.--The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act. <all>

Gun Show Loophole Closing Act of 2021

To require criminal background checks on all firearms transactions occurring at gun shows.

Gun Show Loophole Closing Act of 2021

Rep. Maloney, Carolyn B.

D

NY

This bill establishes new requirements regarding firearm transfers at gun shows. Specifically, the bill requires the following:

To require criminal background checks on all firearms transactions occurring at gun shows. 2. GUN SHOW BACKGROUND CHECK. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

2. GUN SHOW BACKGROUND CHECK. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''.

To require criminal background checks on all firearms transactions occurring at gun shows. 2. GUN SHOW BACKGROUND CHECK. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

To require criminal background checks on all firearms transactions occurring at gun shows. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. GUN SHOW BACKGROUND CHECK. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun Show.--The term `gun show'-- ``(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; ``(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and ``(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events-- ``(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; ``(ii) that are conducted by private, not-for- profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and ``(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues- paying members. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Operators.--It shall be unlawful for a person to operate a gun show, unless-- ``(1) the person has attained 21 years of age; ``(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; ``(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; ``(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration-- ``(A) has provided the Attorney General with a photograph and the fingerprints of the person; and ``(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); ``(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and ``(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. ``(2) Limitation.--The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.''. (3) Clerical amendment.--The table of contents for such chapter is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.''. (e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.-- Section 923(g)(3)(A) of such title is amended by inserting ``or provides pursuant to section 932(c)(2) notice with respect to,'' after ``sells or otherwise disposes of,''. (f) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of such title is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of such title is amended by striking ``and, at the time'' and all that follows through ``State law''. (i) Report to the Congress.--The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.