jordanfan/processed_us_congress_117_bills_v3

11,209

5,013

S.1011

Energy

Natural Gas Export Expansion Act This bill revises requirements regarding natural gas imports or exports to expand the expedited application and approval process to any nation, even if not a party to a free trade agreement with the United States, that is not specifically excluded by this bill. The bill excludes any nation subject to sanctions or trade restrictions imposed by the United States or excluded by the President or Congress for national security reasons.

To amend the Natural Gas Act to provide for expanded natural gas exports. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Export Expansion Act''. SEC. 2. NATURAL GAS EXPORTS. (a) Finding.--Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development. (b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by inserting ``or any other nation not excluded by this section'' after ``trade in natural gas''; (2) by striking ``(c) For purposes'' and inserting the following: ``(c) Expedited Application and Approval Process.-- ``(1) In general.--For purposes''; and (3) by adding at the end the following: ``(2) Exclusions.-- ``(A) In general.--Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). ``(B) Designation by president or congress.--The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. ``(3) Order not required.--No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.''. <all>

Natural Gas Export Expansion Act

A bill to amend the Natural Gas Act to provide for expanded natural gas exports.

Natural Gas Export Expansion Act

Sen. Cruz, Ted

R

TX

This bill revises requirements regarding natural gas imports or exports to expand the expedited application and approval process to any nation, even if not a party to a free trade agreement with the United States, that is not specifically excluded by this bill. The bill excludes any nation subject to sanctions or trade restrictions imposed by the United States or excluded by the President or Congress for national security reasons.

To amend the Natural Gas Act to provide for expanded natural gas exports. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Export Expansion Act''. SEC. 2. NATURAL GAS EXPORTS. (a) Finding.--Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development. (b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by inserting ``or any other nation not excluded by this section'' after ``trade in natural gas''; (2) by striking ``(c) For purposes'' and inserting the following: ``(c) Expedited Application and Approval Process.-- ``(1) In general.--For purposes''; and (3) by adding at the end the following: ``(2) Exclusions.-- ``(A) In general.--Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). ``(B) Designation by president or congress.--The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. ``(3) Order not required.--No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.''. <all>

To amend the Natural Gas Act to provide for expanded natural gas exports. b) Natural Gas Exports.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by inserting ``or any other nation not excluded by this section'' after ``trade in natural gas''; (2) by striking ``(c) For purposes'' and inserting the following: ``(c) Expedited Application and Approval Process.-- ``(1) In general.--For purposes''; and (3) by adding at the end the following: ``(2) Exclusions.-- ``(A) In general.--Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1).

11,210

12,137

H.R.9325

Crime and Law Enforcement

Ensuring Quality Access to Legal Defense Act of 2022 or the EQUAL Defense Act of 2022 This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2026 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

To incentivize States and localities to improve access to justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to protect the rights of defendants in criminal cases to due process and a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States, including the right to counsel in State criminal trials, as articulated by the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963); (2) to collect data related to public defense in order to facilitate the development of evidence-based workload limits, and for other purposes; and (3) to ensure that public defender compensation reflects the constitutional imperative of the work and adequately incentivizes attorneys at all levels to pursue a career in public defense. SEC. 3. DEFINITIONS. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (3) Basis of compensation.--The term ``basis of compensation'' means the classification of the compensation of an employee into one of the following categories: (A) Hourly. (B) Flat rate. (C) Per case. (D) Salary. (4) Case.-- (A) In general.--The term ``case'' includes all charges involved in a single incident of alleged criminal or delinquent conduct. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. (ii) Misdemeanor. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (B) Multiple charges.--If a case involves multiple charges, the case type shall be determined according to the dominant charge. (6) Chief prosecutor.--The term ``chief prosecutor'', with respect to-- (A) a State, means the attorney general of the State; (B) a unit of local government, means the district attorney of the unit of local government; and (C) a Tribal organization, means the lead prosecutor of the Tribal organization. (7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. (8) Corresponding prosecutor's office.--The term ``corresponding prosecutor's office'', with respect to a public defender's office, means the prosecutorial unit that appears adverse to the public defender's office in criminal proceedings. (9) Covered grant.--The term ``covered grant'' means a grant awarded under section 4. (10) Dominant charge.--The term ``dominant charge'', with respect to a case that involves multiple charges, means the charge that carries the most severe or lengthy maximum penalty. (11) Eligible entity.--The term ``eligible entity'' means a State, unit of local government, Tribal organization, or public defender's office that, as of the date of enactment of this Act and without regard to the deadlines under section 4(b)-- (A) has not developed and implemented a data collection process that meets the requirements under paragraph (1) of that section; (B) has not developed workload limits that meet the requirements under paragraph (2) of that section, or has developed such limits but is not in compliance with the limits; or (C) does not meet the compensation requirements under paragraph (3) of that section. (12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. (14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (15) Prosecutor's office; public defender's office.--The terms ``prosecutor's office'' and ``public defender's office'' mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. (16) Public defender.--The term ``public defender''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes an attorney employed by a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a public defender referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. (18) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (19) Tribal organization.--The term ``Tribal organization'' has the meaning given the term ``tribal organization'' in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)). (20) Unit of local government.--The term ``unit of local government'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 4. PUBLIC DEFENSE GRANT PROGRAM. (a) Grant Authority.-- (1) In general.-- (A) Initial grants.--During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5. (B) Continuing grants.--During the sixth fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, the Attorney General shall award a grant to any eligible entity that-- (i) commits to satisfying the requirements under section 5; (ii) certifies that the eligible entity is in compliance with-- (I) the workload limits developed by the eligible entity under subsection (b)(2) of this section; and (II) the requirements under subsection (b)(3) of this section; and (iii) commits to using the grant funds for public defense. (2) Amount.--In applying for a grant under paragraph (1), an eligible entity shall request a grant amount that takes into account-- (A) any technology and training required to meet the requirements under subsection (b)(1); and (B) the size of the justice system-- (i) that the entity administers or in which the entity participates, as applicable, relative to the size of other justice systems in-- (I) the United States, if the entity is a State or a public defender's office of a State; or (II) the State in which the entity is located, if the entity is a unit of local government or a public defender's office of a unit of local government; or (ii) of the Indian Tribe, if the entity is a Tribal organization or a public defender's office of a Tribal organization. (b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (iii) The mean and median percentage of hours per month spent in court proceedings per attorney. (iv) The mean and median percentage of hours spent per month by an attorney on-- (I) investigation; (II) research; (III) writing; and (IV) preparation. (v) The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. (vi) The number of open cases as of the last day of the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the attorney was appointed to the case; and (IV) the date on which the attorney first met with the client. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (B) Collection and submission requirement.--For the second fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall-- (i) collect the data described in subparagraph (A) with respect to that fiscal year; and (ii) submit the data to the Attorney General. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (B) Periodic updates.--If the eligible entity receives covered grants under subsection (a)(1)(B), the eligible entity shall review and, as necessary, update the limits developed under subparagraph (A) of this paragraph not less frequently than once every 10 fiscal years. (3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. (B) The rate and basis of compensation of an entry- level full-time staff attorney shall be equivalent to the rate and basis of compensation of an entry-level full-time staff attorney employed by the corresponding prosecutor's office. (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. (D) In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. (F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. SEC. 5. PROGRESS REPORTS; CERTIFICATIONS. (a) Progress Reports.--For each of the first 5 fiscal years for which a State or Tribal organization receives a covered grant, the State or Tribal organization shall submit a report to the Attorney General that-- (1) documents the progress of the State or Tribal organization in meeting the requirements under section 4(b)(3); (2) provides a formal accounting of total amounts expended on public defense during the fiscal year by the-- (A) State, including each unit of local government in the State; or (B) Tribal organization; (3) provides a formal accounting of total amounts expended on prosecution during the fiscal year by the-- (A) State, including each unit of local government in the State; or (B) Tribal organization; and (4) documents the progress of the State, including each unit of local government in the State, or Tribal organization in achieving overall resource parity between prosecution and public defense. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). (2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). (B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. (3) Compensation parity.--For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3). SEC. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. (a) Data Collection.-- (1) In general.--For any fiscal year beginning after the date of enactment of this Act, a State that receives funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.) shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. (C) The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (2) Applicable criminal offenses.--A State shall submit data under paragraph (1) with respect to-- (A) criminal offenses for which a term of imprisonment of more than 1 year may be imposed; (B) criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and (C) acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed. (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). SEC. 7. FUNDING TO TRAIN PUBLIC DEFENDERS. (a) Definition.--In this section, the term ``eligible entity'' means an entity that-- (1) is-- (A) an organization-- (i) described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) funded by a State or unit of local government; or (B) a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and (2) has a comprehensive educational program specific to public defenders that offers-- (A) ongoing training and support; and (B) programming that includes-- (i) skills training, including pretrial practice, negotiation skills, and trial skills; (ii) client-centered values; (iii) implicit bias training; (iv) leadership development; and (v) ongoing support to reinforce the training curriculum. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. (a) Reauthorization.--Section 3001(j) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''. <all>

EQUAL Defense Act of 2022

To incentivize States and localities to improve access to justice, and for other purposes.

EQUAL Defense Act of 2022 Ensuring Quality Access to Legal Defense Act of 2022

Rep. Bonamici, Suzanne

D

OR

This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2026 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) 7. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 8. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 4. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

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 ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. 5304(l)). 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) 7. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To incentivize States and localities to improve access to justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (D) Salary. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. 5304(l)). 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (v) The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) (C) The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (2) Applicable criminal offenses.--A State shall submit data under paragraph (1) with respect to-- (A) criminal offenses for which a term of imprisonment of more than 1 year may be imposed; (B) criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and (C) acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed. 7. (a) Definition.--In this section, the term ``eligible entity'' means an entity that-- (1) is-- (A) an organization-- (i) described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) funded by a State or unit of local government; or (B) a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and (2) has a comprehensive educational program specific to public defenders that offers-- (A) ongoing training and support; and (B) programming that includes-- (i) skills training, including pretrial practice, negotiation skills, and trial skills; (ii) client-centered values; (iii) implicit bias training; (iv) leadership development; and (v) ongoing support to reinforce the training curriculum. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To incentivize States and localities to improve access to justice, and for other purposes. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( 5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. ( (6) Chief prosecutor.--The term ``chief prosecutor'', with respect to-- (A) a State, means the attorney general of the State; (B) a unit of local government, means the district attorney of the unit of local government; and (C) a Tribal organization, means the lead prosecutor of the Tribal organization. ( 7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( 13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. ( (15) Prosecutor's office; public defender's office.--The terms ``prosecutor's office'' and ``public defender's office'' mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. ( 16) Public defender.--The term ``public defender''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes an attorney employed by a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a public defender referred to in subparagraph (A). ( (20) Unit of local government.--The term ``unit of local government'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). a) Grant Authority.-- (1) In general.-- (A) Initial grants.--During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5. ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. ( (iv) The mean and median percentage of hours spent per month by an attorney on-- (I) investigation; (II) research; (III) writing; and (IV) preparation. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. ( 3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( D) In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. ( (F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). (2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). FUNDING TO TRAIN PUBLIC DEFENDERS. ( (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. ( (4) Case.-- (A) In general.--The term ``case'' includes all charges involved in a single incident of alleged criminal or delinquent conduct. ( 5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. ( iv) Life without parole. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. ( 20) Unit of local government.--The term ``unit of local government'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. ( (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( 3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( (3) Compensation parity.--For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3). B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. ( (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( ( 7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( ( (20) Unit of local government.--The term ``unit of local government'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( 2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

11,211

6,206

H.R.9048

Commerce

FTC Commissioner Parity Act This bill prohibits commissioners of Federal Trade Commission from continuing to serve after the expiration of their terms. Under current law, commissioners continue to serve until a successor is appointed by the President and confirmed by the Senate.

To prohibit a commissioner of the Federal Trade Commission from continuing in office after the expiration of the term of office of the commissioner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FTC Commissioner Parity Act''. SEC. 2. PROHIBITION. The first section of the Federal Trade Commission Act (15 U.S.C. 41) is amended-- (1) by striking ``: Provided, however,'' and all that follows through ``shall have qualified.''; and (2) by inserting ``and that a commissioner may not continue to serve after the expiration of the term of office for which the commissioner was appointed'' after ``shall succeed''. <all>

FTC Commissioner Parity Act

To prohibit a commissioner of the Federal Trade Commission from continuing in office after the expiration of the term of office of the commissioner, and for other purposes.

FTC Commissioner Parity Act

Rep. Fitzgerald, Scott

R

WI

This bill prohibits commissioners of Federal Trade Commission from continuing to serve after the expiration of their terms. Under current law, commissioners continue to serve until a successor is appointed by the President and confirmed by the Senate.

To prohibit a commissioner of the Federal Trade Commission from continuing in office after the expiration of the term of office of the commissioner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FTC Commissioner Parity Act''. SEC. 2. PROHIBITION. The first section of the Federal Trade Commission Act (15 U.S.C. 41) is amended-- (1) by striking ``: Provided, however,'' and all that follows through ``shall have qualified.''; and (2) by inserting ``and that a commissioner may not continue to serve after the expiration of the term of office for which the commissioner was appointed'' after ``shall succeed''. <all>

To prohibit a commissioner of the Federal Trade Commission from continuing in office after the expiration of the term of office of the commissioner, and for other purposes. The first section of the Federal Trade Commission Act (15 U.S.C. 41) is amended-- (1) by striking ``: Provided, however,'' and all that follows through ``shall have qualified.'';

11,212

2,713

S.4214

Commerce

Price Gouging Prevention Act of 2022 This bill generally makes it unlawful to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock. The bill also provides additional funding to the Federal Trade Commission.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other 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 ``Price Gouging Prevention 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. Definitions. Sec. 3. Prevention of price gouging. Sec. 4. Disclosures in SEC filings. Sec. 5. Funding. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Critical trading partner.--The term ``critical trading partner'' means a person that has the ability to restrict, impede, or foreclose access to its inputs, customers, partners, goods, services, technology, platform, facilities, or tools in a way that harms competition or limits the ability of the customers or suppliers of the person to carry out business effectively. (3) Exceptional market shock.--The term ``exceptional market shock'' means any change or imminently threatened (as determined under guidance issued by the Commission) change in the market for a good or service resulting from a natural disaster, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, public-health emergency, or any other cause of an atypical disruption in such market. (4) Good or service.--The term ``good or service'' means any good or service offered in commerce. (5) State.--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. (6) Ultimate parent entity.--The term ``ultimate parent entity'' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations (or any successor regulation). SEC. 3. PREVENTION OF PRICE GOUGING. (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. (b) Affirmative Defense.-- (1) In general.--Subsection (a) shall not apply to the sale, or offering for sale, of a good or service by a person if-- (A) the person's ultimate parent entity earned less than $100,000,000 in gross United States revenue during the preceding 12-month period; and (B) the person demonstrates by a preponderance of the evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. (c) Presumptive Violations.--A person shall be presumed to be in violation of subsection (a) if, during an exceptional market shock, it is shown by a preponderance of the evidence that the person-- (1)(A) has unfair leverage; or (B) is using the effects or circumstances related to the exceptional market shock as a pretext to increase prices; and (2) regardless of the person's position in a supply chain or distribution network, sells or offers for sale a good or service at an excessive price compared to-- (A) the average price at which the good or service was sold or offered for sale by all competing sellers in the market during the 120-day period preceding such exceptional market shock; or (B) the average price at which the good or service was sold or offered for sale by the person in the market during the 120-day period preceding such exceptional market shock. (d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. (f) Enforcement by FTC.-- (1) Unfair or deceptive acts or practices.--A violation of this section or a regulation promulgated under this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of the commission.--Except as otherwise provided, the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. (4) Civil penalties.--In addition to any other penalties as may be prescribed by law, each violation of this section shall carry a civil penalty not to exceed-- (A) if the person who committed the violation does not have unfair leverage, the lesser of-- (i) $25,000; or (ii) 5 percent of the revenues earned by the person's ultimate parent entity during the preceding 12-month period; or (B) if the person who committed the violation has unfair leverage, 5 percent of the revenues earned by the person's ultimate parent entity during the preceding 12-month period. (5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. (B) Required guidance.--Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations regarding violations of this Act, which shall include guidelines on what constitutes a market, an unconscionably excessive price for a good or service, and an excessive price for a good or service. (6) Effect on other laws.--Nothing in this section shall be construed in any way to limit the authority of the Commission under any other provision of law. (g) Enforcement by State Attorneys General.-- (1) In general.--If the attorney general of a State, or another official or agency designated by a State, has reason to believe that any person has violated or is violating this section, the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its laws, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of residents of the State; or (F) obtain any other appropriate equitable relief. (2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for a violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. (4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (h) Savings Clause.--Nothing in this section shall preempt or otherwise affect any State or local law. SEC. 4. DISCLOSURES IN SEC FILINGS. (a) Definitions.--In this section: (1) Covered issuer.--The term ``covered issuer'' means an issuer that-- (A) has a covered quarter; and (B) in the quarter following the covered quarter described in subparagraph (A), is required to submit Form 10-Q or Form 10-K. (2) Covered quarter.--The term ``covered quarter'' means a quarter during which there is an exceptional market shock. (3) Form 10-k.--The term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. (4) Form 10-q.--The term ``Form 10-Q'' means the form described in section 240.15d-13 of title 17, Code of Federal Regulations, or any successor regulation. (5) Issuer.--The term ``issuer'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Inclusion in Filing.--Each covered issuer, in each Form 10-K or Form 10-Q that the covered issuer is required to file in a quarter following a covered quarter, shall include in the filing the following information with respect to that covered quarter, as compared with the quarter preceding that covered quarter: (1) The percentage change in the volume of goods or services sold, and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (2) The gross margins of the covered issuer, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the covered issuer that is attributable to-- (A) a change in the cost of goods or services sold by the covered issuer; and (B) a change in the volume of goods or services sold by the covered issuer. (4) The percentage change in the costs of the covered issuer, which shall be broken down by category and presented in tabular format. (5) In dollars, the change in the costs of the covered issuer and the revenue of the covered issuer, which shall be presented in tabular format. (6) A detailed narrative disclosure of the pricing strategy of the covered issuer, which shall include-- (A) an explanation for any increase in the gross margins of material product categories, including all material causes for such an increase, an explanation of how each such material cause affected such an increase, and a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the covered issuer with respect to the prices of goods or services sold by the covered issuer; (C) if the covered issuer increased prices at a rate that was greater than the rate at which the costs incurred by the covered issuer increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the covered issuer plans to modify pricing after the date on which the covered issuer submits the filing. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations, or amend existing regulations of the Commission, to carry out this section. (d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable. SEC. 5. FUNDING. In addition to amounts otherwise available, there is appropriated to the Commission for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2032, for carrying out work of the Commission. <all>

Price Gouging Prevention Act of 2022

A bill to make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes.

Price Gouging Prevention Act of 2022

Sen. Warren, Elizabeth

D

MA

This bill generally makes it unlawful to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock. The bill also provides additional funding to the Federal Trade Commission.

SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Prevention of price gouging. Disclosures in SEC filings. Sec. Funding. 2. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (a) Definitions.--In this section: (1) Covered issuer.--The term ``covered issuer'' means an issuer that-- (A) has a covered quarter; and (B) in the quarter following the covered quarter described in subparagraph (A), is required to submit Form 10-Q or Form 10-K. (2) Covered quarter.--The term ``covered quarter'' means a quarter during which there is an exceptional market shock. (3) Form 10-k.--The term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. (3) Presented in tabular format, the share of the increase in revenue of the covered issuer that is attributable to-- (A) a change in the cost of goods or services sold by the covered issuer; and (B) a change in the volume of goods or services sold by the covered issuer. 5.

SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Prevention of price gouging. Disclosures in SEC filings. Sec. 2. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. (4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (3) Form 10-k.--The term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. (3) Presented in tabular format, the share of the increase in revenue of the covered issuer that is attributable to-- (A) a change in the cost of goods or services sold by the covered issuer; and (B) a change in the volume of goods or services sold by the covered issuer. 5.

SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Prevention of price gouging. Disclosures in SEC filings. Sec. Funding. 2. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (6) Ultimate parent entity.--The term ``ultimate parent entity'' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations (or any successor regulation). (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. (d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. (2) Powers of the commission.--Except as otherwise provided, the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (a) Definitions.--In this section: (1) Covered issuer.--The term ``covered issuer'' means an issuer that-- (A) has a covered quarter; and (B) in the quarter following the covered quarter described in subparagraph (A), is required to submit Form 10-Q or Form 10-K. (2) Covered quarter.--The term ``covered quarter'' means a quarter during which there is an exceptional market shock. (3) Form 10-k.--The term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. 78c(a)). (2) The gross margins of the covered issuer, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the covered issuer that is attributable to-- (A) a change in the cost of goods or services sold by the covered issuer; and (B) a change in the volume of goods or services sold by the covered issuer. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations, or amend existing regulations of the Commission, to carry out this section. 5.

SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Prevention of price gouging. Disclosures in SEC filings. Sec. Funding. 2. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Critical trading partner.--The term ``critical trading partner'' means a person that has the ability to restrict, impede, or foreclose access to its inputs, customers, partners, goods, services, technology, platform, facilities, or tools in a way that harms competition or limits the ability of the customers or suppliers of the person to carry out business effectively. (6) Ultimate parent entity.--The term ``ultimate parent entity'' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations (or any successor regulation). (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. (d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. (2) Powers of the commission.--Except as otherwise provided, the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (a) Definitions.--In this section: (1) Covered issuer.--The term ``covered issuer'' means an issuer that-- (A) has a covered quarter; and (B) in the quarter following the covered quarter described in subparagraph (A), is required to submit Form 10-Q or Form 10-K. (2) Covered quarter.--The term ``covered quarter'' means a quarter during which there is an exceptional market shock. (3) Form 10-k.--The term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. 78c(a)). (2) The gross margins of the covered issuer, which shall be broken down by material product categories, when relevant, and presented in a tabular format. (3) Presented in tabular format, the share of the increase in revenue of the covered issuer that is attributable to-- (A) a change in the cost of goods or services sold by the covered issuer; and (B) a change in the volume of goods or services sold by the covered issuer. (6) A detailed narrative disclosure of the pricing strategy of the covered issuer, which shall include-- (A) an explanation for any increase in the gross margins of material product categories, including all material causes for such an increase, an explanation of how each such material cause affected such an increase, and a description of the relative importance of each such material cause with respect to such an increase; (B) an explanation for the decisions made by the covered issuer with respect to the prices of goods or services sold by the covered issuer; (C) if the covered issuer increased prices at a rate that was greater than the rate at which the costs incurred by the covered issuer increased, the rationale and objectives for increasing prices in such a manner; and (D) a description of conditions under which the covered issuer plans to modify pricing after the date on which the covered issuer submits the filing. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations, or amend existing regulations of the Commission, to carry out this section. 5. In addition to amounts otherwise available, there is appropriated to the Commission for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2032, for carrying out work of the Commission.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. ( (3) Exceptional market shock.--The term ``exceptional market shock'' means any change or imminently threatened (as determined under guidance issued by the Commission) change in the market for a good or service resulting from a natural disaster, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, public-health emergency, or any other cause of an atypical disruption in such market. ( 5) State.--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. ( 2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( 2) Powers of the commission.--Except as otherwise provided, the Commission shall enforce this section 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.) Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. ( 3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. ( (5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( B) Required guidance.--Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations regarding violations of this Act, which shall include guidelines on what constitutes a market, an unconscionably excessive price for a good or service, and an excessive price for a good or service. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for a violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. ( 3) Form 10-k.--The term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation. (4) Form 10-q.--The term ``Form 10-Q'' means the form described in section 240.15d-13 of title 17, Code of Federal Regulations, or any successor regulation. ( b) Inclusion in Filing.--Each covered issuer, in each Form 10-K or Form 10-Q that the covered issuer is required to file in a quarter following a covered quarter, shall include in the filing the following information with respect to that covered quarter, as compared with the quarter preceding that covered quarter: (1) The percentage change in the volume of goods or services sold, and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( (4) The percentage change in the costs of the covered issuer, which shall be broken down by category and presented in tabular format. ( 5) In dollars, the change in the costs of the covered issuer and the revenue of the covered issuer, which shall be presented in tabular format. ( (d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable. In addition to amounts otherwise available, there is appropriated to the Commission for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2032, for carrying out work of the Commission.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. ( 6) Ultimate parent entity.--The term ``ultimate parent entity'' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations (or any successor regulation). (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. ( 2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. ( (d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. ( e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. ( 5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. 4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. ( DISCLOSURES IN SEC FILINGS. ( b) Inclusion in Filing.--Each covered issuer, in each Form 10-K or Form 10-Q that the covered issuer is required to file in a quarter following a covered quarter, shall include in the filing the following information with respect to that covered quarter, as compared with the quarter preceding that covered quarter: (1) The percentage change in the volume of goods or services sold, and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations, or amend existing regulations of the Commission, to carry out this section. ( d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. ( ( (5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. (3) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for a violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. ( 4) Form 10-q.--The term ``Form 10-Q'' means the form described in section 240.15d-13 of title 17, Code of Federal Regulations, or any successor regulation. ( ( 5) In dollars, the change in the costs of the covered issuer and the revenue of the covered issuer, which shall be presented in tabular format. ( ( d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. ( 6) Ultimate parent entity.--The term ``ultimate parent entity'' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations (or any successor regulation). (a) In General.--It shall be unlawful for a person to sell or offer for sale a good or service at an unconscionably excessive price during an exceptional market shock, regardless of the person's position in a supply chain or distribution network. ( 2) Inflation adjustment.--Starting in calendar year 2023, the Commission shall annually adjust the amount specified in paragraph (1)(A) to reflect the change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics. ( (d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. ( e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( (3) Independent litigation authority.--If the Commission has reason to believe that a person has violated this section, the Commission may bring a civil action in any appropriate United States district court to-- (A) enjoin any further such violation by such person; (B) enforce compliance with this section; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain civil penalties; (E) obtain damages, restitution, or other compensation on behalf of aggrieved consumers; or (F) obtain any other appropriate equitable relief. ( 5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. 4) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. ( DISCLOSURES IN SEC FILINGS. ( b) Inclusion in Filing.--Each covered issuer, in each Form 10-K or Form 10-Q that the covered issuer is required to file in a quarter following a covered quarter, shall include in the filing the following information with respect to that covered quarter, as compared with the quarter preceding that covered quarter: (1) The percentage change in the volume of goods or services sold, and the percentage change in the average sales price of those goods or services, which shall be broken down by material product categories, when relevant, and presented in a tabular format. ( c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations, or amend existing regulations of the Commission, to carry out this section. ( d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. ( ( (5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. (3) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for a violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. ( 4) Form 10-q.--The term ``Form 10-Q'' means the form described in section 240.15d-13 of title 17, Code of Federal Regulations, or any successor regulation. ( ( 5) In dollars, the change in the costs of the covered issuer and the revenue of the covered issuer, which shall be presented in tabular format. ( ( d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( ( ( 5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. ( ( (5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. (3) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for a violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. ( 4) Form 10-q.--The term ``Form 10-Q'' means the form described in section 240.15d-13 of title 17, Code of Federal Regulations, or any successor regulation. ( ( 5) In dollars, the change in the costs of the covered issuer and the revenue of the covered issuer, which shall be presented in tabular format. ( ( d) Effective Date.--This section shall take effect on the date on which the Securities and Exchange Commission issues final regulations under subsection (c) or completes the amendments required under that subsection, as applicable.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. e) Unfair Leverage.-- (1) In general.--For purposes of subsection (c), a person has unfair leverage if the person-- (A) earned at least $1,000,000,000 in gross United States revenue during the preceding 12-month period; (B) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (C) is a critical trading partner; or (D) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. ( ( ( 5) Rulemaking.-- (A) In general.--The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, including the guidance required under subparagraph (B), guidance regarding an exceptional market shock, or additional characteristics that demonstrate unfair leverage. ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action.

To make price gouging unlawful, to expand the ability of the Federal Trade Commission to seek permanent injunctions and equitable relief, and for other purposes. d) Rebuttal.--A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are not within the control of the person and are incurred by the person in procuring, acquiring, distributing, or providing the good or service. ( ( 2) Notice.--Before filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. ( 4) Form 10-q.--The term ``Form 10-Q'' means the form described in section 240.15d-13 of title 17, Code of Federal Regulations, or any successor regulation. ( (

11,213

295

S.2798

Labor and Employment

Radiation Exposure Compensation Act Amendments of 2021 This bill expands two programs that compensate individuals who were exposed to radiation during certain nuclear testing or uranium mining and subsequently developed medical conditions, including cancers. First, the bill expands and extends a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing or other sources and subsequently developed specified cancers. Under current law, this program compensates individuals who were present in a designated geographic area during a period of nuclear testing and certain individuals employed in uranium mining. The bill Second, the bill makes certain individuals employed in uranium mines or mills eligible for a program that compensates workers, including Department of Energy employees and contractors, for illnesses caused by occupational exposure to radiation and hazardous substances during development and testing of the nation's nuclear weapons stockpile. The bill also establishes a grant program in the National Institute of Environmental Health Sciences for institutions of higher education to study the epidemiological impacts of uranium mining and milling among individuals without occupational exposure.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiation Exposure Compensation Act Amendments of 2021''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note). SEC. 3. EXTENSION OF FUND. Section 3(d) is amended-- (1) by striking the first sentence and inserting ``The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2021.''; and (2) by striking ``22-year'' and inserting ``19-year''. SEC. 4. CLAIMS RELATING TO ATMOSPHERIC TESTING. (a) Leukemia Claims Relating to Trinity Test in New Mexico and Tests at the Nevada Site and in the Pacific.--Section 4(a)(1)(A) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking ``October 31, 1958'' and inserting ``November 6, 1962''; (B) in subclause (II)-- (i) by striking ``in the affected area'' and inserting ``in an affected area''; and (ii) by striking ``or'' after the semicolon; (C) by redesignating subclause (III) as subclause (V); and (D) by inserting after subclause (II) the following: ``(III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; or ``(IV) was physically present in an affected area-- ``(aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or ``(bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or''; and (2) in clause (ii)(I), by striking ``physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III)'' and inserting ``physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V)''. (b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) is amended-- (1) in subparagraph (A), by striking ``an amount'' and inserting ``the amount''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Amount.--If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000.''. (c) Conditions for Claims Related to Leukemia.--Section 4(a)(1)(C) is amended-- (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) Specified Diseases Claims Relating to Trinity Test in New Mexico and Tests at the Nevada Site and in the Pacific.--Section 4(a)(2) is amended-- (1) in subparagraph (A)-- (A) by striking ``in the affected area'' and inserting ``in an affected area''; (B) by striking ``2 years'' and inserting ``1 year''; and (C) by striking ``October 31, 1958'' and inserting ``November 6, 1962''; (2) in subparagraph (B)-- (A) by striking ``in the affected area'' and inserting ``in an affected area''; and (B) by striking ``or'' at the end; (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: ``(C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; or ``(D) was physically present in an affected area-- ``(i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or ``(ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or''. (e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. (f) Medical Benefits.--Section 4(a) is amended by adding at the end the following: ``(5) Medical benefits.--An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).''. (g) Downwind States.--Section 4(b)(1) is amended to read as follows: ``(1) `affected area' means-- ``(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; ``(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and ``(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.''. (h) Chronic Lymphocytic Leukemia as a Specified Disease.--Section 4(b)(2) is amended by striking ``other than chronic lymphocytic leukemia'' and inserting ``including chronic lymphocytic leukemia''. SEC. 5. CLAIMS RELATING TO URANIUM MINING. (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is amended-- (1) by inserting ``(I)'' after ``(i)''; (2) by striking ``December 31, 1971; and'' and inserting ``December 31, 1990; or''; and (3) by adding at the end the following: ``(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and''. (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury'' after ``nonmalignant respiratory disease''. (c) Millers, Core Drillers, and Ore Transporters.--Section 5(a)(1)(A)(ii)(II) is amended-- (1) by inserting ``, core driller,'' after ``was a miller''; (2) by inserting ``, or was involved in remediation efforts at such a uranium mine or uranium mill,'' after ``ore transporter''; (3) by inserting ``(I)'' after ``clause (i)''; and (4) by striking all that follows ``nonmalignant respiratory disease'' and inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or''. (d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is further amended-- (1) by striking ``or'' at the end of subclause (I); and (2) by adding at the end the following: ``(III)(aa) does not meet the conditions of subclause (I) or (II); ``(bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; ``(cc) meets the requirements of paragraph (4) or (5), or both; and ``(dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb);''. (e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. (f) Special Rules Relating to Combined Work Histories.--Section 5(a) is amended by adding at the end the following: ``(4) Special rule relating to combined work histories for individuals with at least one year of experience.--An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). ``(5) Special rule relating to combined work histories for miners.--An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4).''. (g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. SEC. 6. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS; REGULATIONS. (a) Affidavits.--Section 6(b) is amended by adding at the end the following: ``(3) Affidavits.-- ``(A) Employment history.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the employment history of the individual; ``(ii) attests to the employment history of the individual; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim. ``(B) Physical presence in affected area.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual's physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the individual's presence in an affected area during that time period; ``(ii) attests to the individual's presence in an affected area during that period; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim. ``(C) Participation at testing site.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual's participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the individual's participation onsite in a test involving the atmospheric detonation of a nuclear device; ``(ii) attests to the individual's participation onsite in a test involving the atmospheric detonation of a nuclear device; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim.''. (b) Technical and Conforming Amendments.--Section 6 is amended-- (1) in subsection (b)(2)(C), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (ii) in clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and (3) in subsection (e), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''. (c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. (2) Considerations in revisions.--In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization. SEC. 7. LIMITATION ON CLAIMS. (a) Extension of Filing Time.--Section 8(a) is amended-- (1) by striking ``22 years'' and inserting ``19 years''; and (2) by striking ``2000'' and inserting ``2021''. (b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2021 shall not be applied to the limitation under the preceding sentence. ``(2) Previously successful claims.-- ``(A) In general.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain-- ``(i) the claimant's name, social security number, and date of birth; ``(ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021; ``(iii) any additional benefits and compensation sought through such request; and ``(iv) any additional information required by the Attorney General. ``(B) Additional compensation.--If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 and submits a request under subparagraph (A), the Attorney General shall-- ``(i) pay the claimant the amount that is equal to any excess of-- ``(I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2021); minus ``(II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021; and ``(ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5).''. SEC. 8. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF URANIUM MINING AND MILLING. (a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.--The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non- occupationally exposed individuals, including family members of uranium miners and millers. (c) Administration.--The Secretary shall administer the program through the National Institute of Environmental Health Sciences. (d) Eligibility and Application.--Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2024. SEC. 9. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. (a) Covered Employees With Cancer.--Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking subparagraph (A) and inserting the following: ``(A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if-- ``(i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or ``(ii) that individual-- ``(I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and ``(II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990.''. (b) Members of Special Exposure Cohort.--Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees-- ``(A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and ``(B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium- uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.''; and (2) by striking subsection (b) and inserting the following: ``(b) Designation of Additional Members.-- ``(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that-- ``(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and ``(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. ``(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that-- ``(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and ``(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.''. <all>

Radiation Exposure Compensation Act Amendments of 2021

A bill to amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes.

Radiation Exposure Compensation Act Amendments of 2021

Sen. Crapo, Mike

R

ID

This bill expands two programs that compensate individuals who were exposed to radiation during certain nuclear testing or uranium mining and subsequently developed medical conditions, including cancers. First, the bill expands and extends a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing or other sources and subsequently developed specified cancers. Under current law, this program compensates individuals who were present in a designated geographic area during a period of nuclear testing and certain individuals employed in uranium mining. The bill Second, the bill makes certain individuals employed in uranium mines or mills eligible for a program that compensates workers, including Department of Energy employees and contractors, for illnesses caused by occupational exposure to radiation and hazardous substances during development and testing of the nation's nuclear weapons stockpile. The bill also establishes a grant program in the National Institute of Environmental Health Sciences for institutions of higher education to study the epidemiological impacts of uranium mining and milling among individuals without occupational exposure.

This Act may be cited as the ``Radiation Exposure Compensation Act Amendments of 2021''. 2. 2210 note). ''; and (2) by striking ``22-year'' and inserting ``19-year''. 4. 5. CLAIMS RELATING TO URANIUM MINING. (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is amended-- (1) by inserting ``(I)'' after ``(i)''; (2) by striking ``December 31, 1971; and'' and inserting ``December 31, 1990; or''; and (3) by adding at the end the following: ``(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and''. (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury'' after ``nonmalignant respiratory disease''. ``(B) Physical presence in affected area.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual's physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the individual's presence in an affected area during that time period; ``(ii) attests to the individual's presence in an affected area during that period; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim. (b) Technical and Conforming Amendments.--Section 6 is amended-- (1) in subsection (b)(2)(C), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (ii) in clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and (3) in subsection (e), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''. 8. SEC. 9. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

This Act may be cited as the ``Radiation Exposure Compensation Act Amendments of 2021''. 2. 2210 note). 4. 5. CLAIMS RELATING TO URANIUM MINING. ``(B) Physical presence in affected area.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual's physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the individual's presence in an affected area during that time period; ``(ii) attests to the individual's presence in an affected area during that period; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim. (b) Technical and Conforming Amendments.--Section 6 is amended-- (1) in subsection (b)(2)(C), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (ii) in clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and (3) in subsection (e), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''. SEC. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

This Act may be cited as the ``Radiation Exposure Compensation Act Amendments of 2021''. 2. 2210 note). ''; and (2) by striking ``22-year'' and inserting ``19-year''. 4. 5. CLAIMS RELATING TO URANIUM MINING. (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is amended-- (1) by inserting ``(I)'' after ``(i)''; (2) by striking ``December 31, 1971; and'' and inserting ``December 31, 1990; or''; and (3) by adding at the end the following: ``(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and''. (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury'' after ``nonmalignant respiratory disease''. (f) Special Rules Relating to Combined Work Histories.--Section 5(a) is amended by adding at the end the following: ``(4) Special rule relating to combined work histories for individuals with at least one year of experience.--An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). ``(B) Physical presence in affected area.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual's physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the individual's presence in an affected area during that time period; ``(ii) attests to the individual's presence in an affected area during that period; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim. (b) Technical and Conforming Amendments.--Section 6 is amended-- (1) in subsection (b)(2)(C), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (ii) in clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and (3) in subsection (e), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''. 8. (d) Eligibility and Application.--Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. SEC. 9. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. ''; and (2) by striking subsection (b) and inserting the following: ``(b) Designation of Additional Members.-- ``(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that-- ``(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and ``(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.

This Act may be cited as the ``Radiation Exposure Compensation Act Amendments of 2021''. 2. REFERENCES. 2210 note). EXTENSION OF FUND. ''; and (2) by striking ``22-year'' and inserting ``19-year''. 4. 5. CLAIMS RELATING TO URANIUM MINING. (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is amended-- (1) by inserting ``(I)'' after ``(i)''; (2) by striking ``December 31, 1971; and'' and inserting ``December 31, 1990; or''; and (3) by adding at the end the following: ``(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and''. (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury'' after ``nonmalignant respiratory disease''. (f) Special Rules Relating to Combined Work Histories.--Section 5(a) is amended by adding at the end the following: ``(4) Special rule relating to combined work histories for individuals with at least one year of experience.--An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). ``(B) Physical presence in affected area.--For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual's physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit-- ``(i) is provided in addition to other material that may be used to substantiate the individual's presence in an affected area during that time period; ``(ii) attests to the individual's presence in an affected area during that period; ``(iii) is made subject to penalty for perjury; and ``(iv) is made by a person other than the individual filing the claim. (b) Technical and Conforming Amendments.--Section 6 is amended-- (1) in subsection (b)(2)(C), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (ii) in clause (i), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''; and (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)''; and (3) in subsection (e), by striking ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4''. (2) Considerations in revisions.--In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 7. ``(B) Additional compensation.--If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 and submits a request under subparagraph (A), the Attorney General shall-- ``(i) pay the claimant the amount that is equal to any excess of-- ``(I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2021); minus ``(II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021; and ``(ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5).''. 8. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (d) Eligibility and Application.--Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. SEC. 9. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and ``(II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990.''. ''; and (2) by striking subsection (b) and inserting the following: ``(b) Designation of Additional Members.-- ``(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that-- ``(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and ``(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note). (b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) is amended-- (1) in subparagraph (A), by striking ``an amount'' and inserting ``the amount''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Amount.--If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000.''. ( c) Conditions for Claims Related to Leukemia.--Section 4(a)(1)(C) is amended-- (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. (f) Medical Benefits.--Section 4(a) is amended by adding at the end the following: ``(5) Medical benefits.--An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).''. ( h) Chronic Lymphocytic Leukemia as a Specified Disease.--Section 4(b)(2) is amended by striking ``other than chronic lymphocytic leukemia'' and inserting ``including chronic lymphocytic leukemia''. (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is amended-- (1) by inserting ``(I)'' after ``(i)''; (2) by striking ``December 31, 1971; and'' and inserting ``December 31, 1990; or''; and (3) by adding at the end the following: ``(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and''. ( c) Millers, Core Drillers, and Ore Transporters.--Section 5(a)(1)(A)(ii)(II) is amended-- (1) by inserting ``, core driller,'' after ``was a miller''; (2) by inserting ``, or was involved in remediation efforts at such a uranium mine or uranium mill,'' after ``ore transporter''; (3) by inserting ``(I)'' after ``clause (i)''; and (4) by striking all that follows ``nonmalignant respiratory disease'' and inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or''. e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. ( f) Special Rules Relating to Combined Work Histories.--Section 5(a) is amended by adding at the end the following: ``(4) Special rule relating to combined work histories for individuals with at least one year of experience.--An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS; REGULATIONS. c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. LIMITATION ON CLAIMS. ( b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. ``(2) Previously successful claims.-- ``(A) In general.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain-- ``(i) the claimant's name, social security number, and date of birth; ``(ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021; ``(iii) any additional benefits and compensation sought through such request; and ``(iv) any additional information required by the Attorney General. (a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. ( b) Establishment.--The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. ``(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note). b) Amounts for Claims Related to Leukemia.--Section 4(a)(1) is amended-- (1) in subparagraph (A), by striking ``an amount'' and inserting ``the amount''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Amount.--If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000.''. ( c) Conditions for Claims Related to Leukemia.--Section 4(a)(1)(C) is amended-- (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. ( f) Medical Benefits.--Section 4(a) is amended by adding at the end the following: ``(5) Medical benefits.--An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).''. (g) Downwind States.--Section 4(b)(1) is amended to read as follows: ``(1) `affected area' means-- ``(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; ``(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and ``(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.''. ( c) Millers, Core Drillers, and Ore Transporters.--Section 5(a)(1)(A)(ii)(II) is amended-- (1) by inserting ``, core driller,'' after ``was a miller''; (2) by inserting ``, or was involved in remediation efforts at such a uranium mine or uranium mill,'' after ``ore transporter''; (3) by inserting ``(I)'' after ``clause (i)''; and (4) by striking all that follows ``nonmalignant respiratory disease'' and inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or''. e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. ( f) Special Rules Relating to Combined Work Histories.--Section 5(a) is amended by adding at the end the following: ``(4) Special rule relating to combined work histories for individuals with at least one year of experience.--An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF CLAIMS; REGULATIONS. ( c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. ( 2) Considerations in revisions.--In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization. b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF URANIUM MINING AND MILLING. ( a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. ( ``(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. ( (g) Downwind States.--Section 4(b)(1) is amended to read as follows: ``(1) `affected area' means-- ``(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; ``(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and ``(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. ( c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. ( a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. (f) Medical Benefits.--Section 4(a) is amended by adding at the end the following: ``(5) Medical benefits.--An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).''. ( c) Millers, Core Drillers, and Ore Transporters.--Section 5(a)(1)(A)(ii)(II) is amended-- (1) by inserting ``, core driller,'' after ``was a miller''; (2) by inserting ``, or was involved in remediation efforts at such a uranium mine or uranium mill,'' after ``ore transporter''; (3) by inserting ``(I)'' after ``clause (i)''; and (4) by striking all that follows ``nonmalignant respiratory disease'' and inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or''. e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. LIMITATION ON CLAIMS. ( b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. ``(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. ( (g) Downwind States.--Section 4(b)(1) is amended to read as follows: ``(1) `affected area' means-- ``(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; ``(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and ``(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. ( c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. ( a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. (f) Medical Benefits.--Section 4(a) is amended by adding at the end the following: ``(5) Medical benefits.--An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).''. ( c) Millers, Core Drillers, and Ore Transporters.--Section 5(a)(1)(A)(ii)(II) is amended-- (1) by inserting ``, core driller,'' after ``was a miller''; (2) by inserting ``, or was involved in remediation efforts at such a uranium mine or uranium mill,'' after ``ore transporter''; (3) by inserting ``(I)'' after ``clause (i)''; and (4) by striking all that follows ``nonmalignant respiratory disease'' and inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or''. e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. LIMITATION ON CLAIMS. ( b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. ``(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. ( (g) Downwind States.--Section 4(b)(1) is amended to read as follows: ``(1) `affected area' means-- ``(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; ``(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and ``(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. ( c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. ( a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. (f) Medical Benefits.--Section 4(a) is amended by adding at the end the following: ``(5) Medical benefits.--An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).''. ( c) Millers, Core Drillers, and Ore Transporters.--Section 5(a)(1)(A)(ii)(II) is amended-- (1) by inserting ``, core driller,'' after ``was a miller''; (2) by inserting ``, or was involved in remediation efforts at such a uranium mine or uranium mill,'' after ``ore transporter''; (3) by inserting ``(I)'' after ``clause (i)''; and (4) by striking all that follows ``nonmalignant respiratory disease'' and inserting ``or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or''. e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. LIMITATION ON CLAIMS. ( b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. ``(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C.

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. ( (g) Downwind States.--Section 4(b)(1) is amended to read as follows: ``(1) `affected area' means-- ``(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; ``(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and ``(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.''. ( g) Definition of Core Driller.--Section 5(b) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) the term `core driller' means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.''. ( c) Regulations.-- (1) In general.--Section 6(k) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, the Attorney General shall issue revised regulations to carry out this Act.''. ( a) Definitions.--In this section-- (1) the term ``institution of higher education'' has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ``program'' means the grant program established under subsection (b); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (

To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. e) Amounts for Claims Related to Specified Diseases.--Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking ``$50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)),'' and inserting ``$150,000''. ( e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) is amended by striking ``December 31, 1971'' and inserting ``December 31, 1990''. ( b) Resubmittal of Claims.--Section 8(b) is amended to read as follows: ``(b) Resubmittal of Claims.-- ``(1) Denied claims.--After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times.

11,214

7,069

H.R.8988

Health

Electronic Prescribing for Controlled Substances Act or the EPCS 2.0 Act This bill generally requires health insurance plans to establish policies requiring in-network providers to transmit prescriptions for controlled substances to pharmacies electronically.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Prescribing for Controlled Substances Act'' or the ``EPCS 2.0 Act''. SEC. 2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING FOR CONTROLLED SUBSTANCES UNDER GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (a) Public Health Service Act Amendment.--Section 2799A-7 of the Public Health Service Act (42 U.S.C. 300gg-117) is amended by adding at the end the following new subsection: ``(d) Requirements for Electronic-Prescribing for Controlled Substances.-- ``(1) In general.--Except as provided pursuant to paragraph (2), for plan years beginning on or after January 1, 2024, a group health plan and a health insurance issuer offering group or individual health insurance coverage shall, with respect to health care practitioners that have a contractual relationship with such plan or issuer for furnishing items or services to participants and beneficiaries under such plan or coverage, have in place policies, subject to paragraph (4), that require any prescription for a schedule II, III, IV, or V controlled substance (as defined by section 202 of the Controlled Substances Act) covered under the plan or coverage that is transmitted by such a health care practitioner for such a participant or beneficiary be electronically transmitted in accordance with such standards, consistent with standards established under paragraph (3) of section 1860D-4(e) of the Social Security Act, under an electronic prescription drug program that meets requirements that are substantially similar (as jointly determined by the Secretary, Secretary of the Treasury, and Secretary of Labor) to the requirements of paragraph (2) of such section 1860D-4(e). ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health or group or individual health insurance coverage offered by a health insurance issuer, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan or coverage to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan or health insurance issuer offering group or individual health insurance coverage may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. (b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185k) is amended by adding at the end the following new subsection: ``(d) Requirements for Electronic-Prescribing for Controlled Substances.-- ``(1) In general.--Except as provided pursuant to paragraph (2), for plan years beginning on or after January 1, 2024, a group health plan and a health insurance issuer offering group health insurance coverage shall, with respect to health care practitioners that have a contractual relationship with such plan or issuer for furnishing items or services to participants and beneficiaries under such plan or coverage, have in place policies, subject to paragraph (4), that require any prescription for a schedule II, III, IV, or V controlled substance (as defined by section 202 of the Controlled Substances Act) covered under the plan or coverage that is transmitted by such a health care practitioner for such a participant or beneficiary be electronically transmitted in accordance with such standards, consistent with standards established under paragraph (3) of section 1860D-4(e) of the Social Security Act, under an electronic prescription drug program that meets requirements that are substantially similar (as jointly determined by the Secretary, Secretary of the Treasury, and Secretary of Labor) to the requirements of paragraph (2) of such section 1860D-4(e). ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health or group health insurance coverage offered by a health insurance issuer, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan or coverage to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan or health insurance issuer offering group health insurance coverage may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. (c) Internal Revenue Code of 1986 Amendment.--Section 9822 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Requirements for Electronic-Prescribing for Controlled Substances.-- ``(1) In general.--Except as provided pursuant to paragraph (2), for plan years beginning on or after January 1, 2024, a group health plan shall, with respect to health care practitioners that have a contractual relationship with such plan for furnishing items or services to participants and beneficiaries under such plan, have in place policies, subject to paragraph (4), that require any prescription for a schedule II, III, IV, or V controlled substance (as defined by section 202 of the Controlled Substances Act) covered under the plan that is transmitted by such a health care practitioner for such a participant or beneficiary be electronically transmitted in accordance with such standards, consistent with standards established under paragraph (3) of section 1860D-4(e) of the Social Security Act, under an electronic prescription drug program that meets requirements that are substantially similar (as jointly determined by the Secretary, Secretary of the Treasury, and Secretary of Labor) to the requirements of paragraph (2) of such section 1860D-4(e). ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. <all>

EPCS 2.0 Act

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage.

EPCS 2.0 Act Electronic Prescribing for Controlled Substances Act

Rep. O'Halleran, Tom

D

AZ

This bill generally requires health insurance plans to establish policies requiring in-network providers to transmit prescriptions for controlled substances to pharmacies electronically.

2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING FOR CONTROLLED SUBSTANCES UNDER GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued.

2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING FOR CONTROLLED SUBSTANCES UNDER GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE. ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING FOR CONTROLLED SUBSTANCES UNDER GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185k) is amended by adding at the end the following new subsection: ``(d) Requirements for Electronic-Prescribing for Controlled Substances.-- ``(1) In general.--Except as provided pursuant to paragraph (2), for plan years beginning on or after January 1, 2024, a group health plan and a health insurance issuer offering group health insurance coverage shall, with respect to health care practitioners that have a contractual relationship with such plan or issuer for furnishing items or services to participants and beneficiaries under such plan or coverage, have in place policies, subject to paragraph (4), that require any prescription for a schedule II, III, IV, or V controlled substance (as defined by section 202 of the Controlled Substances Act) covered under the plan or coverage that is transmitted by such a health care practitioner for such a participant or beneficiary be electronically transmitted in accordance with such standards, consistent with standards established under paragraph (3) of section 1860D-4(e) of the Social Security Act, under an electronic prescription drug program that meets requirements that are substantially similar (as jointly determined by the Secretary, Secretary of the Treasury, and Secretary of Labor) to the requirements of paragraph (2) of such section 1860D-4(e). ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Prescribing for Controlled Substances Act'' or the ``EPCS 2.0 Act''. SEC. 2. REQUIREMENTS FOR ELECTRONIC-PRESCRIBING FOR CONTROLLED SUBSTANCES UNDER GROUP HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (a) Public Health Service Act Amendment.--Section 2799A-7 of the Public Health Service Act (42 U.S.C. (b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185k) is amended by adding at the end the following new subsection: ``(d) Requirements for Electronic-Prescribing for Controlled Substances.-- ``(1) In general.--Except as provided pursuant to paragraph (2), for plan years beginning on or after January 1, 2024, a group health plan and a health insurance issuer offering group health insurance coverage shall, with respect to health care practitioners that have a contractual relationship with such plan or issuer for furnishing items or services to participants and beneficiaries under such plan or coverage, have in place policies, subject to paragraph (4), that require any prescription for a schedule II, III, IV, or V controlled substance (as defined by section 202 of the Controlled Substances Act) covered under the plan or coverage that is transmitted by such a health care practitioner for such a participant or beneficiary be electronically transmitted in accordance with such standards, consistent with standards established under paragraph (3) of section 1860D-4(e) of the Social Security Act, under an electronic prescription drug program that meets requirements that are substantially similar (as jointly determined by the Secretary, Secretary of the Treasury, and Secretary of Labor) to the requirements of paragraph (2) of such section 1860D-4(e). ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(2) Exception for certain circumstances.--The Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly, through rulemaking, specify circumstances and processes by which the requirement under paragraph (1) may be waived, with respect to a schedule II, III, IV, or V controlled substance that is a prescription drug covered by a group health, including in the case of-- ``(A) a prescription described in any of clauses (i) through (vi) of section 1860D-4(e)(7)(B) of the Social Security Act; ``(B) a prescription issued under circumstances in which electronic prescribing is not available due to temporary technological or electrical failure, as specified jointly by the Secretary, Secretary of the Treasury, and Secretary of Labor through rulemaking; and ``(C) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or other circumstances under which the practitioner may issue a non-patient specific prescription. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(4) Prohibitions.--The policies established pursuant to paragraph (1) by a group health plan may not-- ``(A) require dispensers of a schedule II, III, IV, or V controlled substance to confirm that the prescription for the controlled substance was electronically issued by a health care practitioner in accordance with such policies, as described in paragraph (1); ``(B) require dispensers of such controlled substances to submit information or data beyond what is otherwise required to process a prescription drug claim in order to confirm a practitioner's compliance with such policies; or ``(C) reject, deny, or recoup reimbursement for a prescription drug claim based on the format in which the prescription was issued. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. a) Public Health Service Act Amendment.--Section 2799A-7 of the Public Health Service Act (42 U.S.C. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ( b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. This Act may be cited as the ``Electronic Prescribing for Controlled Substances Act'' or the ``EPCS 2.0 Act''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan or coverage to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ( ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan or coverage to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. a) Public Health Service Act Amendment.--Section 2799A-7 of the Public Health Service Act (42 U.S.C. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ( b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ( ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners. ''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. a) Public Health Service Act Amendment.--Section 2799A-7 of the Public Health Service Act (42 U.S.C. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ( b) Employee Retirement Income Security Act of 1974 Amendment.-- Section 722 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ( ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners. ''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ( ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan or group or individual health insurance coverage offered by a health insurance issuer, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners. ''.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to provide for requirements for electronic-prescribing for controlled substances under group health plans and group and individual health insurance coverage. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group or individual health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(B) Authority to dispense.--Nothing in this subsection shall be construed as affecting the ability of a group health plan or group health insurance coverage offered by a health insurance issuer to cover, or the ability of a pharmacist to continue to dispense, a prescription drug if the prescription for such drug is an otherwise valid written, oral, or fax prescription that is consistence with applicable laws and regulations. ``(5) Consultation requirement for rulemaking.--In promulgating regulations to carry out this subsection, the Secretary, Secretary of the Treasury, and Secretary of Labor shall jointly consult with dispensers of controlled substances, State insurance regulators, and health care practitioners.''. ``(3) Rules of construction.-- ``(A) Verification.--Nothing in this subsection shall be construed as requiring a dispenser to verify that a health care practitioner, with respect to a prescription for a schedule II, III, IV, or V controlled substance that is a prescription drug covered under a group health plan, has a waiver (or is otherwise exempt) under paragraph (2) from the requirement under paragraph (1). ``(C) Patient choice.--Nothing in this subsection shall be construed as affecting the ability of an individual who is a participant or beneficiary of a group health plan and who is being prescribed a schedule II, III, IV, or V controlled substance that is a prescription drug covered under the plan to designate a particular pharmacy to dispense such controlled substance to the extent consistent with the requirements under this subsection.

11,215

4,569

S.3447

Arts, Culture, Religion

National Service Animals Memorial Act This bill authorizes the National Service Animals Monument Corporation to establish a commemorative work on federal land in the District of Columbia to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. The corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work. The establishment of the commemorative work shall be in accordance with the Commemorative Works Act. Federal funds may not be used to pay any expenses for the establishment of the commemorative work.

To authorize the National Service Animals Monument Corporation 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. SHORT TITLE. This Act may be cited as the ``National Service Animals Memorial Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the mission of the National Service Animals Monument Corporation is to honor and recognize the broad scope of service animals, including working animals, through the establishment of a memorial to educate the public about the contributions made by service animals and the human-animal bond between service animals and the handlers of the service animals, regardless of whether the handler is an individual with a disability, a law enforcement officer, military personnel, or any other individual; (2) in 1929, formalized service animal work began when the Eustice School in New Jersey established the first guide-dog school; (3) the purple poppy is the international symbol for the service and sacrifice of service animals; (4) on February 24 of each year, National Service Animals Day is celebrated in the United States and throughout the world; (5) service and working animals, such as dogs, horses, homing pigeons, donkeys, mules, dolphins, sea lions, and other animals, have worked alongside and supported humans throughout history and have created strong human-animal bonds, including when-- (A) during the Revolutionary War, horses served in combat carrying soldiers and transporting the wounded and critical supplies; (B) during World War I and World War II-- (i) homing pigeons served as critical messengers with tiny message capsules attached to the legs of the pigeons that were used to send communications that saved the lives of countless soldiers, resulting in many pigeons becoming the target of enemy fire; and (ii) donkeys and mules transported food, supplies, and wounded servicemembers; and (C) during the war in Afghanistan-- (i) military working dogs safeguarded the lives of thousands of servicemembers by clearing areas of improvised explosive devices; and (ii) as 1 example, Lucca, a German Shepherd-Belgian Malinois service dog-- (I) was employed by the United States Marine Corps for 6 years; (II) was trained to detect explosives; (III) deployed twice to Iraq and once to Afghanistan; (IV) supported over 400 missions without a single human fatality; and (V) sustained an injury and amputation in 2012 due to an improvised explosive device while on patrol in Afghanistan; (6) the bonds formed between law enforcement and military personnel and working dogs are so strong that the personnel and dogs have willingly risked their lives to save each other; (7) the tasks that service dogs perform for individuals with disabilities are essential activities of daily living, such as-- (A) guiding individuals with visual impairments; (B) signaling sounds for individuals who are deaf; (C) retrieving items for individuals with mobility issues; (D) alerting the individuals about impending cardiac episodes or seizures; (E) turning on lights for the individuals; (F) providing stability for the individuals while the individuals are standing; and (G) pressing elevator and accessibility buttons for the individuals; (8) in addition to the help of service animals with functional tasks and missions, the human-animal bond provides handlers the ability to-- (A) live independently; (B) work confidently; and (C) socialize freely; (9) shelter dogs can be trained as service animals; (10) service animals, such as horses and dogs, support-- (A) a variety of health and therapy services, including for individuals with autism, schizophrenia, depression, anxiety, and bipolar disorder; and (B) servicemembers and veterans who experience traumatic brain injury and post-traumatic stress disorder; (11) search and rescue dogs working with civilian or law enforcement handlers make communities in the United States and the United States overall safer when assisting with the rescue of lost children, seniors, and other at-risk individuals, including in the event of natural or manmade disasters, such as the support by service animals of-- (A) search and rescue missions after terrorist attacks, including the Oklahoma City bombing on April 19, 1995, and the terrorist attack on September 11, 2001; and (B) local search and rescue missions involving lost children, such as-- (i) the service dog Mercy, a bloodhound with the Lee County, Florida, Sheriff's department, who tracked a 12-year-old girl for more than half a mile through thick woods after the girl went missing during Tropical Storm Elsa in July 2021; and (ii) the service dog Gandalf, trained by the South Carolina Search and Rescue Dog Association, who found a 12-year-old boy who had vanished from a campsite in the Blue Ridge Mountains in North Carolina in March 2019; (12) the extraordinary abilities of service animals, including smell, sensing, hearing, eyesight, and empathy, make the service animals uniquely capable of helping humans, including by-- (A) assisting with the identification of illegal drugs; (B) detecting an impending seizure; (C) hearing an individual buried beneath rubble; or (D) seeing an expensive or vital tool dropped by a naval diver; (13) service animals provide well-documented value to human health, safety, and security; and (14) the National Service Animals Memorial will represent a place of pride, introspection, and education to pay tribute to the contributions and sacrifices made by all service animals and the handlers of service animals throughout history. SEC. 3. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Service Animals Monument Corporation (referred to in this section as the ``Corporation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (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 service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the 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 Corporation 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 title 40, United States Code. (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 Corporation 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 section 8906(b)(4) of title 40, United States Code, for accounts established under paragraph (2) or (3) of section 8906(b) of that title. SEC. 4. EFFECTIVE DATE. This Act shall take effect 1 day after the date of enactment of this Act. <all>

National Service Animals Memorial Act

A bill to authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

National Service Animals Memorial Act

Sen. Blumenthal, Richard

D

CT

This bill authorizes the National Service Animals Monument Corporation to establish a commemorative work on federal land in the District of Columbia to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. The corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work. The establishment of the commemorative work shall be in accordance with the Commemorative Works Act. Federal funds may not be used to pay any expenses for the establishment of the commemorative work.

This Act may be cited as the ``National Service Animals Memorial Act''. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (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 Corporation 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 title 40, United States Code. SEC. 4.

To authorize the National Service Animals Monument Corporation 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. SHORT TITLE. This Act may be cited as the ``National Service Animals Memorial Act''. 2. FINDINGS. Congress finds that-- (1) the mission of the National Service Animals Monument Corporation is to honor and recognize the broad scope of service animals, including working animals, through the establishment of a memorial to educate the public about the contributions made by service animals and the human-animal bond between service animals and the handlers of the service animals, regardless of whether the handler is an individual with a disability, a law enforcement officer, military personnel, or any other individual; (2) in 1929, formalized service animal work began when the Eustice School in New Jersey established the first guide-dog school; (3) the purple poppy is the international symbol for the service and sacrifice of service animals; (4) on February 24 of each year, National Service Animals Day is celebrated in the United States and throughout the world; (5) service and working animals, such as dogs, horses, homing pigeons, donkeys, mules, dolphins, sea lions, and other animals, have worked alongside and supported humans throughout history and have created strong human-animal bonds, including when-- (A) during the Revolutionary War, horses served in combat carrying soldiers and transporting the wounded and critical supplies; (B) during World War I and World War II-- (i) homing pigeons served as critical messengers with tiny message capsules attached to the legs of the pigeons that were used to send communications that saved the lives of countless soldiers, resulting in many pigeons becoming the target of enemy fire; and (ii) donkeys and mules transported food, supplies, and wounded servicemembers; and (C) during the war in Afghanistan-- (i) military working dogs safeguarded the lives of thousands of servicemembers by clearing areas of improvised explosive devices; and (ii) as 1 example, Lucca, a German Shepherd-Belgian Malinois service dog-- (I) was employed by the United States Marine Corps for 6 years; (II) was trained to detect explosives; (III) deployed twice to Iraq and once to Afghanistan; (IV) supported over 400 missions without a single human fatality; and (V) sustained an injury and amputation in 2012 due to an improvised explosive device while on patrol in Afghanistan; (6) the bonds formed between law enforcement and military personnel and working dogs are so strong that the personnel and dogs have willingly risked their lives to save each other; (7) the tasks that service dogs perform for individuals with disabilities are essential activities of daily living, such as-- (A) guiding individuals with visual impairments; (B) signaling sounds for individuals who are deaf; (C) retrieving items for individuals with mobility issues; (D) alerting the individuals about impending cardiac episodes or seizures; (E) turning on lights for the individuals; (F) providing stability for the individuals while the individuals are standing; and (G) pressing elevator and accessibility buttons for the individuals; (8) in addition to the help of service animals with functional tasks and missions, the human-animal bond provides handlers the ability to-- (A) live independently; (B) work confidently; and (C) socialize freely; (9) shelter dogs can be trained as service animals; (10) service animals, such as horses and dogs, support-- (A) a variety of health and therapy services, including for individuals with autism, schizophrenia, depression, anxiety, and bipolar disorder; and (B) servicemembers and veterans who experience traumatic brain injury and post-traumatic stress disorder; (11) search and rescue dogs working with civilian or law enforcement handlers make communities in the United States and the United States overall safer when assisting with the rescue of lost children, seniors, and other at-risk individuals, including in the event of natural or manmade disasters, such as the support by service animals of-- (A) search and rescue missions after terrorist attacks, including the Oklahoma City bombing on April 19, 1995, and the terrorist attack on September 11, 2001; and (B) local search and rescue missions involving lost children, such as-- (i) the service dog Mercy, a bloodhound with the Lee County, Florida, Sheriff's department, who tracked a 12-year-old girl for more than half a mile through thick woods after the girl went missing during Tropical Storm Elsa in July 2021; and (ii) the service dog Gandalf, trained by the South Carolina Search and Rescue Dog Association, who found a 12-year-old boy who had vanished from a campsite in the Blue Ridge Mountains in North Carolina in March 2019; (12) the extraordinary abilities of service animals, including smell, sensing, hearing, eyesight, and empathy, make the service animals uniquely capable of helping humans, including by-- (A) assisting with the identification of illegal drugs; (B) detecting an impending seizure; (C) hearing an individual buried beneath rubble; or (D) seeing an expensive or vital tool dropped by a naval diver; (13) service animals provide well-documented value to human health, safety, and security; and (14) the National Service Animals Memorial will represent a place of pride, introspection, and education to pay tribute to the contributions and sacrifices made by all service animals and the handlers of service animals throughout history. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (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 Corporation 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 title 40, United States Code. SEC. 4. EFFECTIVE DATE.

To authorize the National Service Animals Monument Corporation 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. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

To authorize the National Service Animals Monument Corporation 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. ( 2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the 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 Corporation 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 title 40, United States Code. ( This Act shall take effect 1 day after the date of enactment of this Act.

11,216

13,403

H.R.3996

Crime and Law Enforcement

Empowering Law Enforcement To Fight Sex Trafficking Demand Act of 2021 This bill allows grants under the Edward Byrne Memorial Justice Assistance Grant program to be used for programs to combat human trafficking.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to include an additional permissible use of amounts provided as grants under the Byrne JAG 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 ``Empowering Law Enforcement To Fight Sex Trafficking Demand Act of 2021''. SEC. 2. ADDITIONAL AUTHORIZED USE OF BYRNE JAG FUNDS. 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: ``(I) Programs to combat human trafficking (including programs to reduce the demand for trafficked persons).''. <all>

Empowering Law Enforcement To Fight Sex Trafficking Demand Act of 2021

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to include an additional permissible use of amounts provided as grants under the Byrne JAG program, and for other purposes.

Empowering Law Enforcement To Fight Sex Trafficking Demand Act of 2021

Rep. Hartzler, Vicky

R

MO

This bill allows grants under the Edward Byrne Memorial Justice Assistance Grant program to be used for programs to combat human trafficking.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to include an additional permissible use of amounts provided as grants under the Byrne JAG 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 ``Empowering Law Enforcement To Fight Sex Trafficking Demand Act of 2021''. SEC. 2. ADDITIONAL AUTHORIZED USE OF BYRNE JAG FUNDS. 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: ``(I) Programs to combat human trafficking (including programs to reduce the demand for trafficked persons).''. <all>

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to include an additional permissible use of amounts provided as grants under the Byrne JAG program, and for other purposes. 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: ``(I) Programs to combat human trafficking (including programs to reduce the demand for trafficked persons).''.

11,217

14,255

H.R.8676

Water Resources Development

Salton Sea Public Health and Environmental Protection Act of 2022 This bill provides support for restoring the Salton Sea in California. Specifically, the Bureau of Reclamation must establish a program to provide for water quality improvements, dust mitigation, and environmental restoration at the Salton Sea. The Department of the Interior must, in coordination with efforts by California, engage in activities to improve dust control and habitat conservation. Interior must also establish a Salton Sea Council to coordinate and expedite various Salton Sea projects.

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Salton Sea Public Health and Environmental Protection Act of 2022''. SEC. 2. FEDERAL SALTON SEA MANAGEMENT ACRES. Title XI of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575) is amended by adding at the end the following: ``SEC. 1102. RESTORATION PROGRAM. ``(a) Restoration Program.--The Secretary of the Interior, acting through the Bureau of Reclamation, shall provide for a program within the Bureau's Salton Sea Program Office to improve water quality, provide for dust mitigation, protect the public's health, and provide for environmental and habitat restoration at the Salton Sea in California. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such Secretary shall, to the maximum extent possible when carrying out this requirement, provide such measures for an equivalent number of acres of dust control and of habitat conservation. ``(2) Calculation.--The Secretary of the Interior may calculate the satisfaction of the Federal Salton Sea Management Acres obligation described in paragraph (1) in three-year increments to account for variability in acres available and appropriate for management. ``(3) Coordination with the state of california.-- ``(A) Memorandum of understanding.--Not later than 180 days after the date of enactment of this section, the Secretary of the Interior shall seek to conclude a memorandum of understanding with the State of California and the Salton Sea Authority to coordinate Federal and State activities relating to the construction, operation, and maintenance of Federal Salton Sea Management Acres and Salton Sea Management Program activities. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(B) Access.--The Secretary of the Interior shall make Federal lands within the Salton Sea available to the State of California for activities under the Salton Sea Management Program and the State Water Board Order and shall give priority to such activities. ``(4) State responsibilities.--Nothing in this section shall modify the State of California's responsibilities or associated timelines under the State Water Board Order. ``(5) Support from the secretary of agriculture.--The Secretary of Agriculture shall, in issuing funding or other types of support under such authority as is available to such Secretary, prioritize support and funding to assist the Secretary of the Interior in fulfilling the responsibilities described in this subsection. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. Such Secretary may award grants to the State for completion of this responsibility. ``(B) Agreement pending funding not restricted.-- Subparagraph (A) shall not be construed to prohibit the Secretary of the Interior from entering such an agreement prior to the provision of such adequate Federal funding. ``(7) Not a special aquatic site.--For the purposes of the construction, operation, and maintenance of Federal Salton Sea Management Acres and Salton Sea Management Program activities, lakebed exposed as the Salton Sea recedes shall not be considered a Special Aquatic Site for the purposes of determining jurisdiction under section 404 of the Clean Water Act (33 U.S.C. 1344). ``(8) Report to congress.--The Secretary of the Interior shall report to Congress annually identifying-- ``(A) the total number of acres under management by such Secretary or funding provided to the State of California under paragraph (6); ``(B) the type of management applied to Federal Salton Sea Management Acres, and whether such management is dust suppression or habitat restoration; ``(C) if such Secretary has not met such Secretary's responsibility under paragraph (1) over the current three-year period under paragraph (2), a plan for coming into compliance; and ``(D) additional funding needed to meet such obligation. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(2) `Salton Sea Authority'. ``(3) `Salton Sea Management Program'. ``(4) `State Water Board Order'.''. SEC. 3. SALTON SEA MANAGEMENT COUNCIL. (a) Establishment of Federal Salton Sea Council.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall establish a Salton Sea Council with the goal of coordinating interagency Salton Sea projects, expediting permits, coordinating environmental review, streamlining funding of projects associated with the Salton Sea Management Program and Federal Salton Sea Management Acres, and coordinating such goals with the State of California and the Salton Sea Authority. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. (2) The Secretary of the Army or a representative of such Secretary. (3) The Administrator of the Environmental Protection Agency or a representative of such Administrator. (4) The Commissioner of the Bureau of Reclamation or a representative of such Commissioner. (5) The Director of the United States Fish and Wildlife Service or a representative of such Director. (6) The Director of the United States Geological Survey or a representative of such Director. (c) Duties.--The Council shall-- (1) convene and establish a process for collaboration among the members of the Council, the State of California, the Salton Sea Authority, local communities, Tribal governments, the South Coast Air Quality Management District, the Imperial County Air Pollution Control District, and other persons, including holding at least one annual public meeting at the Salton Sea to receive feedback from local stakeholders; (2) develop a Federal funding plan across Federal agencies with jurisdiction at the Salton Sea to assist the Secretary in meeting the Salton Sea Management Acres obligation and associated operations and maintenance costs; and (3) identify and implement measures to expedite and streamline Federal permitting of Salton Sea management undertaken by the State of California's Salton Sea Management Program. (d) Production of Report.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Committee on Natural Resources of the House of Representatives a report that-- (1) identifies Federal and State funding sources and previous funding for projects and studies related to potentially benefitting or impacting the Salton Sea; (2) analyzes how Federal and State funding sources can be matched or paired to reach acreage goals; and (3) identifies additional Federal resources including resources for technical assistance and project permitting assistance that could be applied to the management of the Salton Sea. SEC. 4. PUBLIC HEALTH REPORTING REQUIREMENT. (a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. Such report shall include-- (1) the change in number of acres of Federal land that is exposed lakebed and land with respect to which such Secretary has taken corrective action, either through habitat restoration or dust suppression; and (2) any associated health risks with particulate matter pollution and any chemicals present. (b) Population Health Study.--The Secretary of the Interior may partner with a university or research institution to conduct a long- term population health study on individuals with extended exposure to the Salton Sea. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. SEC. 5. DEFINITIONS. In this Act: (1) Federal salton sea management acres.--The term ``Federal Salton Sea Management Acres'' means the Salton Sea exposed lakebed acres required to be managed by the Secretary of the Interior for dust control or habitat in consultation with the State of California and Salton Sea Authority. (2) Salton sea authority.--The term ``Salton Sea Authority'' means a Joint Powers Authority composed of member agencies including the Torres Martinez Desert Cahuilla Tribe, County of Imperial, the County of Riverside, the Coachella Valley Water District, and the Imperial Irrigation District, established to work in coordination with the State of California to oversee the comprehensive restoration of the Salton Sea. (3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. (4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year Plan'' means the State of California's Salton Sea Management Program Phase 1: 10-year plan to provide for the construction of 30,000 acres of air quality and habitat projects at the Salton Sea. (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California. <all>

Salton Sea Public Health and Environmental Protection Act of 2022

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes.

Salton Sea Public Health and Environmental Protection Act of 2022

Rep. Ruiz, Raul

D

CA

This bill provides support for restoring the Salton Sea in California. Specifically, the Bureau of Reclamation must establish a program to provide for water quality improvements, dust mitigation, and environmental restoration at the Salton Sea. The Department of the Interior must, in coordination with efforts by California, engage in activities to improve dust control and habitat conservation. Interior must also establish a Salton Sea Council to coordinate and expedite various Salton Sea projects.

SHORT TITLE. This Act may be cited as the ``Salton Sea Public Health and Environmental Protection Act of 2022''. FEDERAL SALTON SEA MANAGEMENT ACRES. 1102. RESTORATION PROGRAM. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. 1344). ``(2) `Salton Sea Authority'. ``(4) `State Water Board Order'.''. 3. SALTON SEA MANAGEMENT COUNCIL. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. (2) The Secretary of the Army or a representative of such Secretary. (3) The Administrator of the Environmental Protection Agency or a representative of such Administrator. (4) The Commissioner of the Bureau of Reclamation or a representative of such Commissioner. (6) The Director of the United States Geological Survey or a representative of such Director. (d) Production of Report.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Committee on Natural Resources of the House of Representatives a report that-- (1) identifies Federal and State funding sources and previous funding for projects and studies related to potentially benefitting or impacting the Salton Sea; (2) analyzes how Federal and State funding sources can be matched or paired to reach acreage goals; and (3) identifies additional Federal resources including resources for technical assistance and project permitting assistance that could be applied to the management of the Salton Sea. PUBLIC HEALTH REPORTING REQUIREMENT. Such report shall include-- (1) the change in number of acres of Federal land that is exposed lakebed and land with respect to which such Secretary has taken corrective action, either through habitat restoration or dust suppression; and (2) any associated health risks with particulate matter pollution and any chemicals present. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. SEC. 5. DEFINITIONS. (4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year Plan'' means the State of California's Salton Sea Management Program Phase 1: 10-year plan to provide for the construction of 30,000 acres of air quality and habitat projects at the Salton Sea.

SHORT TITLE. This Act may be cited as the ``Salton Sea Public Health and Environmental Protection Act of 2022''. FEDERAL SALTON SEA MANAGEMENT ACRES. 1102. RESTORATION PROGRAM. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. 1344). ``(2) `Salton Sea Authority'. ``(4) `State Water Board Order'.''. 3. SALTON SEA MANAGEMENT COUNCIL. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. (2) The Secretary of the Army or a representative of such Secretary. (3) The Administrator of the Environmental Protection Agency or a representative of such Administrator. (4) The Commissioner of the Bureau of Reclamation or a representative of such Commissioner. (6) The Director of the United States Geological Survey or a representative of such Director. PUBLIC HEALTH REPORTING REQUIREMENT. Such report shall include-- (1) the change in number of acres of Federal land that is exposed lakebed and land with respect to which such Secretary has taken corrective action, either through habitat restoration or dust suppression; and (2) any associated health risks with particulate matter pollution and any chemicals present. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. SEC. 5. DEFINITIONS. (4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year Plan'' means the State of California's Salton Sea Management Program Phase 1: 10-year plan to provide for the construction of 30,000 acres of air quality and habitat projects at the Salton Sea.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Salton Sea Public Health and Environmental Protection Act of 2022''. FEDERAL SALTON SEA MANAGEMENT ACRES. 1102. RESTORATION PROGRAM. Such Secretary shall, to the maximum extent possible when carrying out this requirement, provide such measures for an equivalent number of acres of dust control and of habitat conservation. ``(2) Calculation.--The Secretary of the Interior may calculate the satisfaction of the Federal Salton Sea Management Acres obligation described in paragraph (1) in three-year increments to account for variability in acres available and appropriate for management. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(5) Support from the secretary of agriculture.--The Secretary of Agriculture shall, in issuing funding or other types of support under such authority as is available to such Secretary, prioritize support and funding to assist the Secretary of the Interior in fulfilling the responsibilities described in this subsection. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. ``(7) Not a special aquatic site.--For the purposes of the construction, operation, and maintenance of Federal Salton Sea Management Acres and Salton Sea Management Program activities, lakebed exposed as the Salton Sea recedes shall not be considered a Special Aquatic Site for the purposes of determining jurisdiction under section 404 of the Clean Water Act (33 U.S.C. 1344). ``(2) `Salton Sea Authority'. ``(4) `State Water Board Order'.''. 3. SALTON SEA MANAGEMENT COUNCIL. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. (2) The Secretary of the Army or a representative of such Secretary. (3) The Administrator of the Environmental Protection Agency or a representative of such Administrator. (4) The Commissioner of the Bureau of Reclamation or a representative of such Commissioner. (6) The Director of the United States Geological Survey or a representative of such Director. (d) Production of Report.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Committee on Natural Resources of the House of Representatives a report that-- (1) identifies Federal and State funding sources and previous funding for projects and studies related to potentially benefitting or impacting the Salton Sea; (2) analyzes how Federal and State funding sources can be matched or paired to reach acreage goals; and (3) identifies additional Federal resources including resources for technical assistance and project permitting assistance that could be applied to the management of the Salton Sea. PUBLIC HEALTH REPORTING REQUIREMENT. Such report shall include-- (1) the change in number of acres of Federal land that is exposed lakebed and land with respect to which such Secretary has taken corrective action, either through habitat restoration or dust suppression; and (2) any associated health risks with particulate matter pollution and any chemicals present. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. SEC. 5. DEFINITIONS. (2) Salton sea authority.--The term ``Salton Sea Authority'' means a Joint Powers Authority composed of member agencies including the Torres Martinez Desert Cahuilla Tribe, County of Imperial, the County of Riverside, the Coachella Valley Water District, and the Imperial Irrigation District, established to work in coordination with the State of California to oversee the comprehensive restoration of the Salton Sea. (4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year Plan'' means the State of California's Salton Sea Management Program Phase 1: 10-year plan to provide for the construction of 30,000 acres of air quality and habitat projects at the Salton Sea.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Salton Sea Public Health and Environmental Protection Act of 2022''. FEDERAL SALTON SEA MANAGEMENT ACRES. Title XI of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575) is amended by adding at the end the following: ``SEC. 1102. RESTORATION PROGRAM. Such Secretary shall, to the maximum extent possible when carrying out this requirement, provide such measures for an equivalent number of acres of dust control and of habitat conservation. ``(2) Calculation.--The Secretary of the Interior may calculate the satisfaction of the Federal Salton Sea Management Acres obligation described in paragraph (1) in three-year increments to account for variability in acres available and appropriate for management. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(5) Support from the secretary of agriculture.--The Secretary of Agriculture shall, in issuing funding or other types of support under such authority as is available to such Secretary, prioritize support and funding to assist the Secretary of the Interior in fulfilling the responsibilities described in this subsection. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. Such Secretary may award grants to the State for completion of this responsibility. ``(7) Not a special aquatic site.--For the purposes of the construction, operation, and maintenance of Federal Salton Sea Management Acres and Salton Sea Management Program activities, lakebed exposed as the Salton Sea recedes shall not be considered a Special Aquatic Site for the purposes of determining jurisdiction under section 404 of the Clean Water Act (33 U.S.C. 1344). ``(2) `Salton Sea Authority'. ``(4) `State Water Board Order'.''. 3. SALTON SEA MANAGEMENT COUNCIL. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. (2) The Secretary of the Army or a representative of such Secretary. (3) The Administrator of the Environmental Protection Agency or a representative of such Administrator. (4) The Commissioner of the Bureau of Reclamation or a representative of such Commissioner. (6) The Director of the United States Geological Survey or a representative of such Director. (c) Duties.--The Council shall-- (1) convene and establish a process for collaboration among the members of the Council, the State of California, the Salton Sea Authority, local communities, Tribal governments, the South Coast Air Quality Management District, the Imperial County Air Pollution Control District, and other persons, including holding at least one annual public meeting at the Salton Sea to receive feedback from local stakeholders; (2) develop a Federal funding plan across Federal agencies with jurisdiction at the Salton Sea to assist the Secretary in meeting the Salton Sea Management Acres obligation and associated operations and maintenance costs; and (3) identify and implement measures to expedite and streamline Federal permitting of Salton Sea management undertaken by the State of California's Salton Sea Management Program. (d) Production of Report.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Committee on Natural Resources of the House of Representatives a report that-- (1) identifies Federal and State funding sources and previous funding for projects and studies related to potentially benefitting or impacting the Salton Sea; (2) analyzes how Federal and State funding sources can be matched or paired to reach acreage goals; and (3) identifies additional Federal resources including resources for technical assistance and project permitting assistance that could be applied to the management of the Salton Sea. PUBLIC HEALTH REPORTING REQUIREMENT. Such report shall include-- (1) the change in number of acres of Federal land that is exposed lakebed and land with respect to which such Secretary has taken corrective action, either through habitat restoration or dust suppression; and (2) any associated health risks with particulate matter pollution and any chemicals present. (b) Population Health Study.--The Secretary of the Interior may partner with a university or research institution to conduct a long- term population health study on individuals with extended exposure to the Salton Sea. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. SEC. 5. DEFINITIONS. (2) Salton sea authority.--The term ``Salton Sea Authority'' means a Joint Powers Authority composed of member agencies including the Torres Martinez Desert Cahuilla Tribe, County of Imperial, the County of Riverside, the Coachella Valley Water District, and the Imperial Irrigation District, established to work in coordination with the State of California to oversee the comprehensive restoration of the Salton Sea. (4) Salton sea 10-year plan.--The term ``Salton Sea 10-Year Plan'' means the State of California's Salton Sea Management Program Phase 1: 10-year plan to provide for the construction of 30,000 acres of air quality and habitat projects at the Salton Sea. (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California.

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such Secretary shall, to the maximum extent possible when carrying out this requirement, provide such measures for an equivalent number of acres of dust control and of habitat conservation. ``(B) Access.--The Secretary of the Interior shall make Federal lands within the Salton Sea available to the State of California for activities under the Salton Sea Management Program and the State Water Board Order and shall give priority to such activities. ``(5) Support from the secretary of agriculture.--The Secretary of Agriculture shall, in issuing funding or other types of support under such authority as is available to such Secretary, prioritize support and funding to assist the Secretary of the Interior in fulfilling the responsibilities described in this subsection. ``(B) Agreement pending funding not restricted.-- Subparagraph (A) shall not be construed to prohibit the Secretary of the Interior from entering such an agreement prior to the provision of such adequate Federal funding. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(3) `Salton Sea Management Program'. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. ( 6) The Director of the United States Geological Survey or a representative of such Director. ( PUBLIC HEALTH REPORTING REQUIREMENT. ( a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. ( (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California.

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(3) `Salton Sea Management Program'. 5) The Director of the United States Fish and Wildlife Service or a representative of such Director. ( PUBLIC HEALTH REPORTING REQUIREMENT. ( a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. (

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such Secretary shall, to the maximum extent possible when carrying out this requirement, provide such measures for an equivalent number of acres of dust control and of habitat conservation. ``(B) Access.--The Secretary of the Interior shall make Federal lands within the Salton Sea available to the State of California for activities under the Salton Sea Management Program and the State Water Board Order and shall give priority to such activities. ``(5) Support from the secretary of agriculture.--The Secretary of Agriculture shall, in issuing funding or other types of support under such authority as is available to such Secretary, prioritize support and funding to assist the Secretary of the Interior in fulfilling the responsibilities described in this subsection. ``(B) Agreement pending funding not restricted.-- Subparagraph (A) shall not be construed to prohibit the Secretary of the Interior from entering such an agreement prior to the provision of such adequate Federal funding. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(3) `Salton Sea Management Program'. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. ( 6) The Director of the United States Geological Survey or a representative of such Director. ( PUBLIC HEALTH REPORTING REQUIREMENT. ( a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. ( (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California.

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(3) `Salton Sea Management Program'. 5) The Director of the United States Fish and Wildlife Service or a representative of such Director. ( PUBLIC HEALTH REPORTING REQUIREMENT. ( a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. (

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such Secretary shall, to the maximum extent possible when carrying out this requirement, provide such measures for an equivalent number of acres of dust control and of habitat conservation. ``(B) Access.--The Secretary of the Interior shall make Federal lands within the Salton Sea available to the State of California for activities under the Salton Sea Management Program and the State Water Board Order and shall give priority to such activities. ``(5) Support from the secretary of agriculture.--The Secretary of Agriculture shall, in issuing funding or other types of support under such authority as is available to such Secretary, prioritize support and funding to assist the Secretary of the Interior in fulfilling the responsibilities described in this subsection. ``(B) Agreement pending funding not restricted.-- Subparagraph (A) shall not be construed to prohibit the Secretary of the Interior from entering such an agreement prior to the provision of such adequate Federal funding. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(3) `Salton Sea Management Program'. (b) Membership.--Council shall consist of the following and shall be chaired by the Secretary of the Interior: (1) The Secretary of Agriculture, or a representative of such Secretary. ( 6) The Director of the United States Geological Survey or a representative of such Director. ( PUBLIC HEALTH REPORTING REQUIREMENT. ( a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. ( (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California.

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. Such memorandum of understanding shall include a schedule delineating the timeframe for the accomplishment of the establishment of Salton Sea Management Acres and consideration of the effects of such memorandum of understanding on affected disadvantaged communities. ``(6) Delegation to the state of california.-- ``(A) In general.--The Secretary of the Interior may delegate such Secretary's responsibilities under this subsection to the State of California through a cooperative agreement or other contractual agreement only upon the provision by such Secretary to the State of adequate Federal funding to assure the requirements of this section are met, including funding for operations and maintenance of Federal Salton Sea Management Acres. ``(c) Definitions.--In this section, the following terms have the meaning given to such terms in section 5 of the Salton Sea Public Health and Environmental Protection Act of 2022: ``(1) `Federal Salton Sea Management Acres'. ``(3) `Salton Sea Management Program'. 5) The Director of the United States Fish and Wildlife Service or a representative of such Director. ( PUBLIC HEALTH REPORTING REQUIREMENT. ( a) In General.--The Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, shall publish an annual report on air quality surrounding the Salton Sea, including an analysis of the presence of pollutants, salinity levels, and agricultural chemicals present in the exposed lakebed on Federal lands. (c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. (

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. ``(B) Agreement pending funding not restricted.-- Subparagraph (A) shall not be construed to prohibit the Secretary of the Interior from entering such an agreement prior to the provision of such adequate Federal funding. c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. ( (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California.

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. 3) Salton sea management program.--The term ``Salton Sea Management Program'' means the program created by the State of California to address air quality and ecological threats at the Salton Sea. (

To require the Secretary of the Interior to take certain measures with respect to protecting the Salton Sea, and for other purposes. ``(b) Federal Salton Sea Management Acres.-- ``(1) In general.--The Secretary of the Interior shall provide for such measures as such Secretary determines appropriate for dust control and habitat conservation, consistent with State and local requirements, with respect to an acreage within the Salton Sea of the same size as the acreage for which the State of California provides for dust control and habitat conservation under the Salton Sea Management Program and the State Water Board Order. ``(B) Agreement pending funding not restricted.-- Subparagraph (A) shall not be construed to prohibit the Secretary of the Interior from entering such an agreement prior to the provision of such adequate Federal funding. c) Additional Air Monitors.--The Administrator of the Environmental Protection Agency shall take such measures as the Administrator determines necessary to monitor the air quality in population centers near the Salton Sea. ( (5) State water board order.--The term ``State Water Board Order'' means California State Water Board Order 2017-0134 entitled ``ORDER ACCEPTING AND REVISING STATE WATER BOARD REVISED ORDER WRO 2002-0013'' issued on November 7, 2017, establishing Salton Sea management acre milestones for the State of California.

11,218

1,682

S.4580

Armed Forces and National Security

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

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

Lactation Spaces for Veteran Moms Act

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

Lactation Spaces for Veteran Moms Act

Sen. Rosen, Jacky

D

NV

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

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

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. ( c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. ( c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. ( c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. ( c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. ( c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act.

11,219

11,150

H.R.3877

Water Resources Development

Salton Sea Projects Improvements Act This bill provides the Bureau of Reclamation with additional project authorities for the Salton Sea research project in Southern California. Specifically, the bill authorizes Reclamation to provide grants and enter into contracts and cooperative agreements to carry out projects (e.g., construction activities and dust suppression projects) to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality in the area of the Salton Sea. To carry out these projects, Reclamation may enter into partnerships with state, tribal, and local governments; water districts; joint powers authorities, including the Salton Sea Authority; nonprofit organizations; and institutions of higher education.

To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize additional projects related to the Salton Sea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Salton Sea Projects Improvements Act''. SEC. 2. RESEARCH PROJECT. Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4661) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (2) by inserting after subsection (a) the following new subsection: ``(b) Additional Project Authorities.-- ``(1) In general.--The Secretary, acting through the Bureau of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in Southern California to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality, in partnership with-- ``(A) State, Tribal, and local governments; ``(B) water districts; ``(C) joint powers authorities, including the Salton Sea Authority; ``(D) nonprofit organizations; and ``(E) institutions of higher education. ``(2) Included activities.--The projects described in paragraph (1) may include-- ``(A) construction, operation, maintenance, permitting, and design activities required for such projects; and ``(B) dust suppression projects.''; and (3) in subsection (e), as so redesignated, by striking ``$10,000,000'' and inserting ``$250,000,000''. <all>

Salton Sea Projects Improvements Act

To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize additional projects related to the Salton Sea, and for other purposes.

Salton Sea Projects Improvements Act

Rep. Ruiz, Raul

D

CA

This bill provides the Bureau of Reclamation with additional project authorities for the Salton Sea research project in Southern California. Specifically, the bill authorizes Reclamation to provide grants and enter into contracts and cooperative agreements to carry out projects (e.g., construction activities and dust suppression projects) to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality in the area of the Salton Sea. To carry out these projects, Reclamation may enter into partnerships with state, tribal, and local governments; water districts; joint powers authorities, including the Salton Sea Authority; nonprofit organizations; and institutions of higher education.

To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize additional projects related to the Salton Sea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Salton Sea Projects Improvements Act''. SEC. 2. RESEARCH PROJECT. Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4661) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (2) by inserting after subsection (a) the following new subsection: ``(b) Additional Project Authorities.-- ``(1) In general.--The Secretary, acting through the Bureau of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in Southern California to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality, in partnership with-- ``(A) State, Tribal, and local governments; ``(B) water districts; ``(C) joint powers authorities, including the Salton Sea Authority; ``(D) nonprofit organizations; and ``(E) institutions of higher education. ``(2) Included activities.--The projects described in paragraph (1) may include-- ``(A) construction, operation, maintenance, permitting, and design activities required for such projects; and ``(B) dust suppression projects.''; and (3) in subsection (e), as so redesignated, by striking ``$10,000,000'' and inserting ``$250,000,000''. <all>

To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize additional projects related to the Salton Sea, and for other purposes. ``(2) Included activities.--The projects described in paragraph (1) may include-- ``(A) construction, operation, maintenance, permitting, and design activities required for such projects; and ``(B) dust suppression projects.'';

11,220

4,376

S.3216

Agriculture and Food

WIC Healthy Beginnings Act of 2021 This bill requires the Department of Agriculture (USDA) to maintain a publicly available, searchable database that contains solicitations for infant formula bids under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Under current law, state agencies must control infant formula costs in the WIC program through competitive bidding for infant formula rebate contracts. The bill requires state WIC agencies to provide USDA with open solicitations for these competitive bids to populate the database.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Healthy Beginnings Act of 2021''. SEC. 2. DATABASE OF BID SOLICITATIONS FOR INFANT FORMULA UNDER THE WIC PROGRAM. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(II) State agencies.--In soliciting bids for infant formula under the program, a State agency shall submit to the Secretary, not later than 5 business days after the date of the bid solicitation, a description of the bid solicitation, including-- ``(aa) the title of the bid solicitation and the State agency administering the bid solicitation; ``(bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; ``(cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and ``(dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''. <all>

WIC Healthy Beginnings Act of 2021

A bill to amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children.

WIC Healthy Beginnings Act of 2021

Sen. Marshall, Roger

R

KS

This bill requires the Department of Agriculture (USDA) to maintain a publicly available, searchable database that contains solicitations for infant formula bids under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Under current law, state agencies must control infant formula costs in the WIC program through competitive bidding for infant formula rebate contracts. The bill requires state WIC agencies to provide USDA with open solicitations for these competitive bids to populate the database.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Healthy Beginnings Act of 2021''. SEC. 2. DATABASE OF BID SOLICITATIONS FOR INFANT FORMULA UNDER THE WIC PROGRAM. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(II) State agencies.--In soliciting bids for infant formula under the program, a State agency shall submit to the Secretary, not later than 5 business days after the date of the bid solicitation, a description of the bid solicitation, including-- ``(aa) the title of the bid solicitation and the State agency administering the bid solicitation; ``(bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; ``(cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and ``(dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''. <all>

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Healthy Beginnings Act of 2021''. SEC. 2. DATABASE OF BID SOLICITATIONS FOR INFANT FORMULA UNDER THE WIC PROGRAM. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. ``(II) State agencies.--In soliciting bids for infant formula under the program, a State agency shall submit to the Secretary, not later than 5 business days after the date of the bid solicitation, a description of the bid solicitation, including-- ``(aa) the title of the bid solicitation and the State agency administering the bid solicitation; ``(bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; ``(cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and ``(dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``WIC Healthy Beginnings Act of 2021''. SEC. 2. DATABASE OF BID SOLICITATIONS FOR INFANT FORMULA UNDER THE WIC PROGRAM. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(II) State agencies.--In soliciting bids for infant formula under the program, a State agency shall submit to the Secretary, not later than 5 business days after the date of the bid solicitation, a description of the bid solicitation, including-- ``(aa) the title of the bid solicitation and the State agency administering the bid solicitation; ``(bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; ``(cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and ``(dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''. <all>

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(V) Liability limitation.--A State, State agency, or the Federal Government shall not be liable in a civil suit or claim in a State or Federal court based on the performance or failure to perform a duty, function, or activity required by this clause.''.

To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish a publicly available database of bid solicitations for infant formula under the special supplemental nutrition program for women, infants, and children. Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ``(xi) Database of bid solicitations.-- ``(I) In general.--Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public on a website of the Department of Agriculture a fully searchable database that shall contain the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. ``(III) Publication.--Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall publish the information on the database established under subclause (I). ``(IV) Guidance.--The Secretary shall issue guidance to implement this clause.

11,221

13,296

H.R.2000

Science, Technology, Communications

Stop Shielding Culpable Platforms Act This bill modifies provisions relating to the liability of a provider or user of an interactive computer service (e.g., a social media company) for material placed on its platform by another information content provider. Under current law, a provider or user of an interactive computer service is not considered the publisher or speaker of any information provided by another information content provider. The bill specifies that a provider or user of an interactive computer service may still be treated as a distributor of such information.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. Be it enacted by the Senate 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 Shielding Culpable Platforms Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Section 230 of the Communications Act of 1934 (47 U.S.C. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 133), was enacted to ensure that third parties would not be held liable as the publisher of another entity's speech, not to allow online platforms to knowingly distribute unlawful materials. (2) Since enacted, section 230 has been misinterpreted to apply distributor immunity as well as publisher immunity to online platforms. As recently explained by Associate Justice Clarence Thomas in a statement respecting the denial of certiorari in Malwarebytes, Inc. v. Enigma Software Group USA, LLC, No. 19-1284 (October 13, 2020), ``Although the text of Sec. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. (3) This assertion contradicts a plain reading of the Communications Decency Act of 1996, which includes distributor liability for exposing children to obscene material. This ill- conceived precedent, first established in Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), has resulted in online platforms having little to no responsibility to act as a ``good Samaritan'', even when moderating illicit material. (4) It has recently been reported by the New York Times that Pornhub executives believe that section 230 protects them from liability for their platform allegedly hosting videos of rape, child abuse, and other criminal activity. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. (6) Every American is entitled to equal justice under the law. (b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. SEC. 3. CLARIFICATION OF DISTRIBUTOR LIABILITY. Section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''. <all>

Stop Shielding Culpable Platforms Act

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes.

Stop Shielding Culpable Platforms Act

Rep. Banks, Jim

R

IN

This bill modifies provisions relating to the liability of a provider or user of an interactive computer service (e.g., a social media company) for material placed on its platform by another information content provider. Under current law, a provider or user of an interactive computer service is not considered the publisher or speaker of any information provided by another information content provider. The bill specifies that a provider or user of an interactive computer service may still be treated as a distributor of such information.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. Be it enacted by the Senate 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 Shielding Culpable Platforms Act''. 2. FINDINGS; SENSE OF CONGRESS. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 133), was enacted to ensure that third parties would not be held liable as the publisher of another entity's speech, not to allow online platforms to knowingly distribute unlawful materials. (2) Since enacted, section 230 has been misinterpreted to apply distributor immunity as well as publisher immunity to online platforms. As recently explained by Associate Justice Clarence Thomas in a statement respecting the denial of certiorari in Malwarebytes, Inc. v. Enigma Software Group USA, LLC, No. 19-1284 (October 13, 2020), ``Although the text of Sec. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. (3) This assertion contradicts a plain reading of the Communications Decency Act of 1996, which includes distributor liability for exposing children to obscene material. This ill- conceived precedent, first established in Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), has resulted in online platforms having little to no responsibility to act as a ``good Samaritan'', even when moderating illicit material. (4) It has recently been reported by the New York Times that Pornhub executives believe that section 230 protects them from liability for their platform allegedly hosting videos of rape, child abuse, and other criminal activity. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. (6) Every American is entitled to equal justice under the law. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. SEC. 3. CLARIFICATION OF DISTRIBUTOR LIABILITY. Section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. SHORT TITLE. This Act may be cited as the ``Stop Shielding Culpable Platforms Act''. 2. FINDINGS; SENSE OF CONGRESS. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 133), was enacted to ensure that third parties would not be held liable as the publisher of another entity's speech, not to allow online platforms to knowingly distribute unlawful materials. (2) Since enacted, section 230 has been misinterpreted to apply distributor immunity as well as publisher immunity to online platforms. As recently explained by Associate Justice Clarence Thomas in a statement respecting the denial of certiorari in Malwarebytes, Inc. v. Enigma Software Group USA, LLC, No. 19-1284 (October 13, 2020), ``Although the text of Sec. This ill- conceived precedent, first established in Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), has resulted in online platforms having little to no responsibility to act as a ``good Samaritan'', even when moderating illicit material. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. (6) Every American is entitled to equal justice under the law. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. SEC. 3. CLARIFICATION OF DISTRIBUTOR LIABILITY. Section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. Be it enacted by the Senate 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 Shielding Culpable Platforms Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Section 230 of the Communications Act of 1934 (47 U.S.C. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 133), was enacted to ensure that third parties would not be held liable as the publisher of another entity's speech, not to allow online platforms to knowingly distribute unlawful materials. (2) Since enacted, section 230 has been misinterpreted to apply distributor immunity as well as publisher immunity to online platforms. As recently explained by Associate Justice Clarence Thomas in a statement respecting the denial of certiorari in Malwarebytes, Inc. v. Enigma Software Group USA, LLC, No. 19-1284 (October 13, 2020), ``Although the text of Sec. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. (3) This assertion contradicts a plain reading of the Communications Decency Act of 1996, which includes distributor liability for exposing children to obscene material. This ill- conceived precedent, first established in Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), has resulted in online platforms having little to no responsibility to act as a ``good Samaritan'', even when moderating illicit material. (4) It has recently been reported by the New York Times that Pornhub executives believe that section 230 protects them from liability for their platform allegedly hosting videos of rape, child abuse, and other criminal activity. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. (6) Every American is entitled to equal justice under the law. (b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. SEC. 3. CLARIFICATION OF DISTRIBUTOR LIABILITY. Section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''. <all>

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. a) Findings.--Congress finds the following: (1) Section 230 of the Communications Act of 1934 (47 U.S.C. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. a) Findings.--Congress finds the following: (1) Section 230 of the Communications Act of 1934 (47 U.S.C. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. a) Findings.--Congress finds the following: (1) Section 230 of the Communications Act of 1934 (47 U.S.C. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. a) Findings.--Congress finds the following: (1) Section 230 of the Communications Act of 1934 (47 U.S.C. 230), as added by the Communications Decency Act of 1996 (Public Law 104-104; 110 Stat. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. (5) As reported in the New York Post, a recent lawsuit has alleged that Twitter left up a child pornography video despite being notified by the victim, and only took it down after Federal officials intervened. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material.

To amend section 230 of the Communications Act of 1934 to clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider, and for other purposes. 230(c)(1) grants immunity only from `publisher' or `speaker' liability, the first appellate court to consider the statute held that it eliminates distributor liability too--that is, Sec. 230 confers immunity even when a company distributes content that it knows is illegal.''. ( b) Sense of Congress.--It is the sense of Congress that section 230 of the Communications Act of 1934 (47 U.S.C. 230) does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material. 230(c)(1)) is amended-- (1) by striking ``No'' and inserting the following: ``(A) In general.--No''; and (2) by adding at the end the following: ``(B) No effect on treatment as distributor.-- Nothing in subparagraph (A) shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider.''.

11,222

9,471

H.R.8081

Armed Forces and National Security

Wounded Warrior Bill of Rights Act This bill requires the Department of Defense to establish a policy (containing specified elements) to ensure accountability for actions taken under the authorities of the Defense Health Agency and the military departments concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. The bill also specifies that each military department must maintain personnel authority over, and responsibility for, its members during medical evaluation board consideration.

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Bill of Rights Act.''. SEC. 2. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY EVALUATION. (a) In General.--Not later than April 1, 2023, the Secretary of Defense shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and military departments, respectively, concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. (2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. (b) Clarification of Responsibilities Regarding Medical Evaluation Boards.--Section 1073c of title 10, United States Code, is amended by redesignating subsection (h) as subsection (i); and by inserting after subsection (g) the following new subsection (h): ``(h) Authorities Reserved to the Secretaries of the Military Departments Concerning the Disability Evaluation System.-- Notwithstanding the responsibilities and authorities of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary of each military department shall maintain personnel authority over and responsibility for any member of the armed forces under the jurisdiction of the military department concerned while the member is being considered by a medical evaluation board. Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (c) Briefing.--Not later than February 1, 2023, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the status of implementation as mentioned of subsections (a) and (b). <all>

Wounded Warrior Bill of Rights Act

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes.

Wounded Warrior Bill of Rights Act

Rep. Mast, Brian J.

R

FL

This bill requires the Department of Defense to establish a policy (containing specified elements) to ensure accountability for actions taken under the authorities of the Defense Health Agency and the military departments concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. The bill also specifies that each military department must maintain personnel authority over, and responsibility for, its members during medical evaluation board consideration.

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Bill of Rights Act.''. SEC. 2. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY EVALUATION. (a) In General.--Not later than April 1, 2023, the Secretary of Defense shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and military departments, respectively, concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. (2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. (b) Clarification of Responsibilities Regarding Medical Evaluation Boards.--Section 1073c of title 10, United States Code, is amended by redesignating subsection (h) as subsection (i); and by inserting after subsection (g) the following new subsection (h): ``(h) Authorities Reserved to the Secretaries of the Military Departments Concerning the Disability Evaluation System.-- Notwithstanding the responsibilities and authorities of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary of each military department shall maintain personnel authority over and responsibility for any member of the armed forces under the jurisdiction of the military department concerned while the member is being considered by a medical evaluation board. Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (c) Briefing.--Not later than February 1, 2023, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the status of implementation as mentioned of subsections (a) and (b). <all>

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Bill of Rights Act.''. SEC. 2. (a) In General.--Not later than April 1, 2023, the Secretary of Defense shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and military departments, respectively, concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. (2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. (b) Clarification of Responsibilities Regarding Medical Evaluation Boards.--Section 1073c of title 10, United States Code, is amended by redesignating subsection (h) as subsection (i); and by inserting after subsection (g) the following new subsection (h): ``(h) Authorities Reserved to the Secretaries of the Military Departments Concerning the Disability Evaluation System.-- Notwithstanding the responsibilities and authorities of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary of each military department shall maintain personnel authority over and responsibility for any member of the armed forces under the jurisdiction of the military department concerned while the member is being considered by a medical evaluation board. Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (c) Briefing.--Not later than February 1, 2023, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the status of implementation as mentioned of subsections (a) and (b).

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Bill of Rights Act.''. SEC. 2. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY EVALUATION. (a) In General.--Not later than April 1, 2023, the Secretary of Defense shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and military departments, respectively, concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. (2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. (b) Clarification of Responsibilities Regarding Medical Evaluation Boards.--Section 1073c of title 10, United States Code, is amended by redesignating subsection (h) as subsection (i); and by inserting after subsection (g) the following new subsection (h): ``(h) Authorities Reserved to the Secretaries of the Military Departments Concerning the Disability Evaluation System.-- Notwithstanding the responsibilities and authorities of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary of each military department shall maintain personnel authority over and responsibility for any member of the armed forces under the jurisdiction of the military department concerned while the member is being considered by a medical evaluation board. Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (c) Briefing.--Not later than February 1, 2023, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the status of implementation as mentioned of subsections (a) and (b). <all>

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. ( (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member.

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. 2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. ( (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member.

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. 2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. ( (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member.

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. 2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. ( (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member.

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. 2) A medical evaluation provided under the authority of the Defense Health Agency under section 1073c of such title shall comply with applicable law and Department of Defense regulations and shall be considered by the military department concerned in determining fitness for duty under such chapter. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member. ``(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.''. (

To amend title 10, United States Code, to preserve the authority of the Secretary of the military department concerned over a member of the Armed Forces undergoing medical treatment or evaluation for medical disability, and for other purposes. Such policy shall include that: (1) A determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of a military department concerned. ( (3) Wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. ( Such responsibility shall include the following: ``(1) Responsibility for administering the morale and welfare of the member.

11,223

4,239

S.4398

Crime and Law Enforcement

Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022 This bill modifies provisions under the Juvenile Justice and Delinquency Prevention Program in order to more specifically address racial and ethnic disparities with respect to arrests, secure detentions, and other decision points.

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Black, Indigenous, Hispanic, and other youth of color are overrepresented in the juvenile justice system and receive harsher consequences than White youth. (2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). (3) Addressing racial and ethnic disparities in the juvenile justice system requires accurate data regarding youth of color who come into contact with the juvenile justice system, including data that can be disaggregated by race, and ethnicity. (4) Youth of color and their families with lived experience interacting with the juvenile justice system can provide important insight, analysis, and solutions regarding how to recognize and address racial disparities in the juvenile justice system. SEC. 3. DEFINITION OF RACIAL AND ETHNIC DISPARITY. (a) In General.--Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended by striking paragraph (41) and inserting the following: ``(41) the term `racial and ethnic disparity' means-- ``(A) that Black, Indigenous, Hispanic, and other youth of color are involved at a decision point in the juvenile justice system at disproportionately higher rates than White youth at that decision point; ``(B) that the percentage of Black, Indigenous, Hispanic, and other youth of color at any decision point is higher than the percentage of youth of color in the general population; ``(C) that Black, Indigenous, Hispanic, and other youth of color experience more severe outcomes at any decision point than similarly situated White youth; or ``(D) that Black, Indigenous, Hispanic, and other youth of color are detained and removed from their homes when less restrictive alternatives would be more effective;''. (b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. SEC. 4. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (a) In General.--Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133(a)) is amended-- (1) in paragraph (3)(A)(v), by striking ``of someone'' and inserting ``of a youth representative of the population in detention and secure confinement''; (2) in paragraph (7)(B)-- (A) in clause (viii), by striking ``and'' at the end; (B) by redesignating clause (ix) as clause (x); and (C) by inserting after clause (viii) the following: ``(ix) a plan to implement systems for identifying and recording youth data disaggregated by race and ethnicity; and''; (3) in paragraph (9)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), by adding ``and'' at the end; and (C) by inserting after subparagraph (W) the following: ``(X) programs seeking to reduce racial and ethnic disparities at any decision point, such as at the point of arrest, referral to court, diversion, secure detention, judicial waiver to adult criminal court, case petitioning, delinquency finding or adjudication, probation, or residential placement, including secure confinement, including prevention, diversion, and community supervision, and other programs that provide linguistically and culturally responsive support and services to youth;''; (4) in paragraph (15)-- (A) in subparagraph (A), by inserting ``and youth representative of the population in detention and secure confinement who have been or are currently under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, parents or guardians of a Black, Indigenous, Hispanic, or other youth of color who has been or is currently under the jurisdiction of the juvenile justice system'' after ``educational system''; (B) in subparagraph (B) by striking ``and'' at the end; (C) in subparagraph (C), by adding ``and'' at the end; and (D) by adding at the end the following: ``(D) reporting on measurable progress on the work plan described in subparagraph (C) for the prior year;''; and (5) in paragraph (22)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), adding ``and'' at the end; and (C) by adding at the end the following: ``(D) promote opportunity for community-based providers serving youth in communities with higher than average racial and ethnic disparities at any decision point in the juvenile justice system in the State, compared with other communities in the same State;''. (b) Guidance for Collection of Data.--Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is amended by adding at the end the following: ``(h) Guidance for Collection of Data.--Not later than 1 year after the date of enactment of the Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022, the Administrator shall, in consultation with the United States Commission on Civil Rights and the Director of the Census Bureau, develop guidance for States with respect to a uniform standard for the collection and reporting of disaggregated and cross-referenced data on race and ethnicity under this section to assist States in implementing subsection (a)(15).''. <all>

Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022

A bill to allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes.

Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022

Sen. Whitehouse, Sheldon

D

RI

This bill modifies provisions under the Juvenile Justice and Delinquency Prevention Program in order to more specifically address racial and ethnic disparities with respect to arrests, secure detentions, and other decision points.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 11101 et seq.). 3. DEFINITION OF RACIAL AND ETHNIC DISPARITY. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. SEC. 4. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (a) In General.--Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133(a)) is amended-- (1) in paragraph (3)(A)(v), by striking ``of someone'' and inserting ``of a youth representative of the population in detention and secure confinement''; (2) in paragraph (7)(B)-- (A) in clause (viii), by striking ``and'' at the end; (B) by redesignating clause (ix) as clause (x); and (C) by inserting after clause (viii) the following: ``(ix) a plan to implement systems for identifying and recording youth data disaggregated by race and ethnicity; and''; (3) in paragraph (9)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), by adding ``and'' at the end; and (C) by inserting after subparagraph (W) the following: ``(X) programs seeking to reduce racial and ethnic disparities at any decision point, such as at the point of arrest, referral to court, diversion, secure detention, judicial waiver to adult criminal court, case petitioning, delinquency finding or adjudication, probation, or residential placement, including secure confinement, including prevention, diversion, and community supervision, and other programs that provide linguistically and culturally responsive support and services to youth;''; (4) in paragraph (15)-- (A) in subparagraph (A), by inserting ``and youth representative of the population in detention and secure confinement who have been or are currently under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, parents or guardians of a Black, Indigenous, Hispanic, or other youth of color who has been or is currently under the jurisdiction of the juvenile justice system'' after ``educational system''; (B) in subparagraph (B) by striking ``and'' at the end; (C) in subparagraph (C), by adding ``and'' at the end; and (D) by adding at the end the following: ``(D) reporting on measurable progress on the work plan described in subparagraph (C) for the prior year;''; and (5) in paragraph (22)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), adding ``and'' at the end; and (C) by adding at the end the following: ``(D) promote opportunity for community-based providers serving youth in communities with higher than average racial and ethnic disparities at any decision point in the juvenile justice system in the State, compared with other communities in the same State;''.

2. 3. DEFINITION OF RACIAL AND ETHNIC DISPARITY. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. SEC. 4. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (a) In General.--Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. Congress finds the following: (1) Black, Indigenous, Hispanic, and other youth of color are overrepresented in the juvenile justice system and receive harsher consequences than White youth. (2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). (4) Youth of color and their families with lived experience interacting with the juvenile justice system can provide important insight, analysis, and solutions regarding how to recognize and address racial disparities in the juvenile justice system. 3. DEFINITION OF RACIAL AND ETHNIC DISPARITY. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. SEC. 4. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (a) In General.--Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133(a)) is amended-- (1) in paragraph (3)(A)(v), by striking ``of someone'' and inserting ``of a youth representative of the population in detention and secure confinement''; (2) in paragraph (7)(B)-- (A) in clause (viii), by striking ``and'' at the end; (B) by redesignating clause (ix) as clause (x); and (C) by inserting after clause (viii) the following: ``(ix) a plan to implement systems for identifying and recording youth data disaggregated by race and ethnicity; and''; (3) in paragraph (9)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), by adding ``and'' at the end; and (C) by inserting after subparagraph (W) the following: ``(X) programs seeking to reduce racial and ethnic disparities at any decision point, such as at the point of arrest, referral to court, diversion, secure detention, judicial waiver to adult criminal court, case petitioning, delinquency finding or adjudication, probation, or residential placement, including secure confinement, including prevention, diversion, and community supervision, and other programs that provide linguistically and culturally responsive support and services to youth;''; (4) in paragraph (15)-- (A) in subparagraph (A), by inserting ``and youth representative of the population in detention and secure confinement who have been or are currently under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, parents or guardians of a Black, Indigenous, Hispanic, or other youth of color who has been or is currently under the jurisdiction of the juvenile justice system'' after ``educational system''; (B) in subparagraph (B) by striking ``and'' at the end; (C) in subparagraph (C), by adding ``and'' at the end; and (D) by adding at the end the following: ``(D) reporting on measurable progress on the work plan described in subparagraph (C) for the prior year;''; and (5) in paragraph (22)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), adding ``and'' at the end; and (C) by adding at the end the following: ``(D) promote opportunity for community-based providers serving youth in communities with higher than average racial and ethnic disparities at any decision point in the juvenile justice system in the State, compared with other communities in the same State;''. 11133) is amended by adding at the end the following: ``(h) Guidance for Collection of Data.--Not later than 1 year after the date of enactment of the Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022, the Administrator shall, in consultation with the United States Commission on Civil Rights and the Director of the Census Bureau, develop guidance for States with respect to a uniform standard for the collection and reporting of disaggregated and cross-referenced data on race and ethnicity under this section to assist States in implementing subsection (a)(15).''.

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Black, Indigenous, Hispanic, and other youth of color are overrepresented in the juvenile justice system and receive harsher consequences than White youth. (2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). (3) Addressing racial and ethnic disparities in the juvenile justice system requires accurate data regarding youth of color who come into contact with the juvenile justice system, including data that can be disaggregated by race, and ethnicity. (4) Youth of color and their families with lived experience interacting with the juvenile justice system can provide important insight, analysis, and solutions regarding how to recognize and address racial disparities in the juvenile justice system. SEC. 3. DEFINITION OF RACIAL AND ETHNIC DISPARITY. (a) In General.--Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended by striking paragraph (41) and inserting the following: ``(41) the term `racial and ethnic disparity' means-- ``(A) that Black, Indigenous, Hispanic, and other youth of color are involved at a decision point in the juvenile justice system at disproportionately higher rates than White youth at that decision point; ``(B) that the percentage of Black, Indigenous, Hispanic, and other youth of color at any decision point is higher than the percentage of youth of color in the general population; ``(C) that Black, Indigenous, Hispanic, and other youth of color experience more severe outcomes at any decision point than similarly situated White youth; or ``(D) that Black, Indigenous, Hispanic, and other youth of color are detained and removed from their homes when less restrictive alternatives would be more effective;''. (b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. SEC. 4. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (a) In General.--Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133(a)) is amended-- (1) in paragraph (3)(A)(v), by striking ``of someone'' and inserting ``of a youth representative of the population in detention and secure confinement''; (2) in paragraph (7)(B)-- (A) in clause (viii), by striking ``and'' at the end; (B) by redesignating clause (ix) as clause (x); and (C) by inserting after clause (viii) the following: ``(ix) a plan to implement systems for identifying and recording youth data disaggregated by race and ethnicity; and''; (3) in paragraph (9)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), by adding ``and'' at the end; and (C) by inserting after subparagraph (W) the following: ``(X) programs seeking to reduce racial and ethnic disparities at any decision point, such as at the point of arrest, referral to court, diversion, secure detention, judicial waiver to adult criminal court, case petitioning, delinquency finding or adjudication, probation, or residential placement, including secure confinement, including prevention, diversion, and community supervision, and other programs that provide linguistically and culturally responsive support and services to youth;''; (4) in paragraph (15)-- (A) in subparagraph (A), by inserting ``and youth representative of the population in detention and secure confinement who have been or are currently under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, parents or guardians of a Black, Indigenous, Hispanic, or other youth of color who has been or is currently under the jurisdiction of the juvenile justice system'' after ``educational system''; (B) in subparagraph (B) by striking ``and'' at the end; (C) in subparagraph (C), by adding ``and'' at the end; and (D) by adding at the end the following: ``(D) reporting on measurable progress on the work plan described in subparagraph (C) for the prior year;''; and (5) in paragraph (22)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), adding ``and'' at the end; and (C) by adding at the end the following: ``(D) promote opportunity for community-based providers serving youth in communities with higher than average racial and ethnic disparities at any decision point in the juvenile justice system in the State, compared with other communities in the same State;''. (b) Guidance for Collection of Data.--Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is amended by adding at the end the following: ``(h) Guidance for Collection of Data.--Not later than 1 year after the date of enactment of the Reducing Racial and Ethnic Disparities in the Juvenile Justice System Act of 2022, the Administrator shall, in consultation with the United States Commission on Civil Rights and the Director of the Census Bureau, develop guidance for States with respect to a uniform standard for the collection and reporting of disaggregated and cross-referenced data on race and ethnicity under this section to assist States in implementing subsection (a)(15).''. <all>

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). ( b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 3) Addressing racial and ethnic disparities in the juvenile justice system requires accurate data regarding youth of color who come into contact with the juvenile justice system, including data that can be disaggregated by race, and ethnicity. ( (b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). ( b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 3) Addressing racial and ethnic disparities in the juvenile justice system requires accurate data regarding youth of color who come into contact with the juvenile justice system, including data that can be disaggregated by race, and ethnicity. ( (b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). ( b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 3) Addressing racial and ethnic disparities in the juvenile justice system requires accurate data regarding youth of color who come into contact with the juvenile justice system, including data that can be disaggregated by race, and ethnicity. ( (b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). ( b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 3) Addressing racial and ethnic disparities in the juvenile justice system requires accurate data regarding youth of color who come into contact with the juvenile justice system, including data that can be disaggregated by race, and ethnicity. ( (b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

To allow Juvenile Justice and Delinquency Prevention Program assistance be used to reduce racial and ethnic disparities, and for other purposes. 2) Reducing reliance on incarceration and providing evidence-based, trauma-informed, and linguistically and culturally responsive support and services to youth who come in contact with the juvenile justice system is a key goal of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). ( b) Technical and Conforming Amendment.--Section 251(a)(1)(B)(viii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161(a)(1)(B)(viii)) is amended by striking ``members of minority groups'' and inserting ``Black, Indigenous, Hispanic, and other youth of color''. JUVENILE JUSTICE AND DELINQUENCY PREVENTION PROGRAM STATE PLANS. (

11,224

469

S.1356

Agriculture and Food

Healthy Soils Healthy Climate Act of 2021 This bill modifies the Environmental Quality Incentives Program of the Department of Agriculture (USDA) to provide permanent incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil. USDA must

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Soils Healthy Climate Act of 2021''. SEC. 2. AMENDMENTS TO THE FOOD SECURITY ACT OF 1985. (a) Increased Payments for High-Priority Practices.--Section 1240B(d)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 2(d)(7)(A)) is amended-- (1) in clause (iii), by striking ``or'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) increases soil organic carbon levels.''. (b) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- (1) In general.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(k) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- ``(1) In general.--The Secretary shall provide incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil (referred to in this section as `soil organic carbon levels'). ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(3) Priority.--In providing incentive payments under paragraph (1), the Secretary shall give priority to providing the payments to-- ``(A) small producers, as determined by the Secretary; ``(B) producers in rural areas, as determined by the Secretary; or ``(C) socially disadvantaged farmers, as determined by the Secretary. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(B) Report to congress.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall submit to Congress a report describing and analyzing the results of the study conducted under subparagraph (A). ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. (2) Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. (3) Conforming amendments.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). (c) Priority for Soil Health and Carbon Sequestration.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. (d) Streamlining and Coordination.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture. <all>

Healthy Soils Healthy Climate Act of 2021

A bill to amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes.

Healthy Soils Healthy Climate Act of 2021

Sen. Wyden, Ron

D

OR

This bill modifies the Environmental Quality Incentives Program of the Department of Agriculture (USDA) to provide permanent incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil. USDA must

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Soils Healthy Climate Act of 2021''. SEC. 2. ``(3) Priority.--In providing incentive payments under paragraph (1), the Secretary shall give priority to providing the payments to-- ``(A) small producers, as determined by the Secretary; ``(B) producers in rural areas, as determined by the Secretary; or ``(C) socially disadvantaged farmers, as determined by the Secretary. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). (c) Priority for Soil Health and Carbon Sequestration.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

SHORT TITLE. SEC. 2. ``(3) Priority.--In providing incentive payments under paragraph (1), the Secretary shall give priority to providing the payments to-- ``(A) small producers, as determined by the Secretary; ``(B) producers in rural areas, as determined by the Secretary; or ``(C) socially disadvantaged farmers, as determined by the Secretary. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). (c) Priority for Soil Health and Carbon Sequestration.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Soils Healthy Climate Act of 2021''. SEC. 2. AMENDMENTS TO THE FOOD SECURITY ACT OF 1985. ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(3) Priority.--In providing incentive payments under paragraph (1), the Secretary shall give priority to providing the payments to-- ``(A) small producers, as determined by the Secretary; ``(B) producers in rural areas, as determined by the Secretary; or ``(C) socially disadvantaged farmers, as determined by the Secretary. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. (3) Conforming amendments.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). (c) Priority for Soil Health and Carbon Sequestration.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Soils Healthy Climate Act of 2021''. SEC. 2. AMENDMENTS TO THE FOOD SECURITY ACT OF 1985. (a) Increased Payments for High-Priority Practices.--Section 1240B(d)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 2(d)(7)(A)) is amended-- (1) in clause (iii), by striking ``or'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) increases soil organic carbon levels.''. (b) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- (1) In general.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(k) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- ``(1) In general.--The Secretary shall provide incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil (referred to in this section as `soil organic carbon levels'). ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(3) Priority.--In providing incentive payments under paragraph (1), the Secretary shall give priority to providing the payments to-- ``(A) small producers, as determined by the Secretary; ``(B) producers in rural areas, as determined by the Secretary; or ``(C) socially disadvantaged farmers, as determined by the Secretary. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(B) Report to congress.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall submit to Congress a report describing and analyzing the results of the study conducted under subparagraph (A). ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. (2) Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. (3) Conforming amendments.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). (c) Priority for Soil Health and Carbon Sequestration.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. (d) Streamlining and Coordination.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture. <all>

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. b) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- (1) In general.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(k) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- ``(1) In general.--The Secretary shall provide incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil (referred to in this section as `soil organic carbon levels'). ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. ( 3) Conforming amendments.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. ( (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. 2) Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. d) Streamlining and Coordination.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. b) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- (1) In general.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(k) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- ``(1) In general.--The Secretary shall provide incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil (referred to in this section as `soil organic carbon levels'). ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. ( 3) Conforming amendments.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. ( (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. 2) Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. d) Streamlining and Coordination.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. b) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- (1) In general.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following: ``(k) Incentive Payments for Soil Health Practices and Carbon Sequestration Monitoring.-- ``(1) In general.--The Secretary shall provide incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil (referred to in this section as `soil organic carbon levels'). ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. ( 3) Conforming amendments.--Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended-- (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) in subparagraph (C), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (D). ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. ( (e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. 2) Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. d) Streamlining and Coordination.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. ( ( e) Soil Health and Carbon Science Research Program at Agriculture Research Stations.--The Secretary of Agriculture shall establish a program-- (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. ``(2) Requirements.--In providing the incentive payments under paragraph (1), the Secretary shall-- ``(A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that-- ``(i) improve soil health; ``(ii) sequester carbon in the soil; or ``(iii) meet the goals described in clauses (i) and (ii); and ``(B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. ``(4) Study; report to congress.-- ``(A) Study.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. 2) Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following: ``(3) Incentive payments for soil health practices and carbon sequestration monitoring.--For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k).''. ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. d) Streamlining and Coordination.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by subsection (c)) is amended by adding at the end the following: ``(m) Streamlining and Coordination.--To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.''. (

To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes. ``(C) Inclusion.--The report under subparagraph (B) shall include an analysis of-- ``(i) the effect of various practices on soil organic carbon levels; ``(ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; ``(iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; ``(iv) the effect of multiple practices on soil organic carbon levels; and ``(v) potential barriers to data collection across a variety of geographic regions.''. ( 3839aa-2) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(l) Priority for Soil Health and Carbon Sequestration.-- ``(1) In general.--To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. ``(2) Soil health and carbon sequestration on eligible land.--The Secretary shall-- ``(A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and ``(B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management.''. ( (

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6,392

H.R.2917

Taxation

Retirement Parity for Student Loans Act of 2021 This bill allows certain employer-sponsored retirement plans to make matching contributions for an employee's student loan payments as if the loan payments were salary reduction contributions to the retirement plan.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act of 2021''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. (a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. (b) Qualified Student Loan Payment.--Section 401(m)(4) of such Code is amended by adding at the end the following new subparagraph: ``(D) Qualified student loan payment.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only-- ``(i) to the extent such payments in the aggregate for the year do not exceed an amount equal to-- ``(I) the limitation applicable under section 402(g) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) the elective deferrals made by the employee for such year, and ``(ii) if the employee certifies to the employer making the matching contribution under this paragraph that such payment has been made on such loan. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. (c) Matching Contributions for Qualified Student Loan Payments.-- Section 401(m) of such Code is amended by redesignating paragraph (13) as paragraph (14), and by inserting after paragraph (12) the following new paragraph: ``(13) Matching contributions for qualified student loan payments.-- ``(A) In general.--For purposes of paragraph (4)(A)(iii), an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if-- ``(i) the plan provides matching contributions on account of elective deferrals at the same rate as contributions on account of qualified student loan payments, ``(ii) the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals, ``(iii) under the plan, all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments, and ``(iv) the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Section 408(p)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. (e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. (f) 457(b) Plans.--Section 457(b) of such Code is amended by adding at the end the following: ``A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).''. (g) Regulatory Authority.--The Secretary shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations-- (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021. <all>

Retirement Parity for Student Loans Act of 2021

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees.

Retirement Parity for Student Loans Act of 2021

Rep. Davis, Danny K.

D

IL

This bill allows certain employer-sponsored retirement plans to make matching contributions for an employee's student loan payments as if the loan payments were salary reduction contributions to the retirement plan.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act of 2021''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. (d) Simple Retirement Accounts.--Section 408(p)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act of 2021''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. (d) Simple Retirement Accounts.--Section 408(p)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D).

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act of 2021''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Section 408(p)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. (g) Regulatory Authority.--The Secretary shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations-- (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Parity for Student Loans Act of 2021''. SEC. 2. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS. (a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iii) Matching contribution rules.-- Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(C) Employer may rely on employee certification.--The employer may rely on an employee certification of payment under paragraph (4)(D)(ii).''. (d) Simple Retirement Accounts.--Section 408(p)(2) of such Code is amended by adding at the end the following new subparagraph: ``(F) Matching contributions for qualified student loan payments.-- ``(i) In general.--Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed-- ``(I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by ``(II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. (f) 457(b) Plans.--Section 457(b) of such Code is amended by adding at the end the following: ``A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).''. (g) Regulatory Authority.--The Secretary shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations-- (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. For purposes of this subparagraph, the term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)).''. ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( ``(B) Treatment for purposes of nondiscrimination rules, etc.-- ``(i) Nondiscrimination rules.--For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). ``(ii) Student loan payments not treated as plan contribution.--Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(II) Qualified higher education expenses.--The term `qualified higher education expenses' has the same meaning as when used in section 401(m)(4)(D). ``(iii) Applicable rules.--Clause (i) shall apply to an arrangement only if, under the arrangement-- ``(I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ``(II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments.''. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ( ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to provide for retirement matching contributions by employers on account of student loan payments made by employees. a) In General.--Section 401(m)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment.''. ``(iv) Actual deferral percentage testing.--In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. ``(ii) Qualified student loan payment.--For purposes of this subparagraph-- ``(I) In general.--The term `qualified student loan payment' means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. ( e) 403(b) Plans.--Section 403(b)(12)(A) of such Code is amended by adding at the end the following: ``The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder).''. ( h) Effective Date.--The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021.

11,226

6,885

H.R.7493

Finance and Financial Sector

Protecting Gun Owners in Bankruptcy Act of 2022 This bill modifies federal bankruptcy law to allow an individual debtor to exempt from their bankruptcy estate one or more firearms up to a total maximum value of $3,000. The bill also specifies that such firearms are household goods that are not subject to liens in bankruptcy.

To amend title 11 of the United States Code to include firearms in the types of property allowable under the alternative provision for exempting property from the estate. Be it enacted by the Senate 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 Gun Owners in Bankruptcy Act of 2022''. SEC. 2. EXEMPTIONS. Section 522 of title 11, United States Code, is amended-- (1) in subsection (d) by adding at the end the following: ``(13) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms.''; and (2) in subsection (f)(4)(A)-- (A) in clause (xiv) by striking ``and'' at the end; (B) in clause (xv) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xvi) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act. <all>

Protecting Gun Owners in Bankruptcy Act of 2022

To amend title 11 of the United States Code to include firearms in the types of property allowable under the alternative provision for exempting property from the estate.

Protecting Gun Owners in Bankruptcy Act of 2022

Rep. Jacobs, Chris

R

NY

This bill modifies federal bankruptcy law to allow an individual debtor to exempt from their bankruptcy estate one or more firearms up to a total maximum value of $3,000. The bill also specifies that such firearms are household goods that are not subject to liens in bankruptcy.

To amend title 11 of the United States Code to include firearms in the types of property allowable under the alternative provision for exempting property from the estate. Be it enacted by the Senate 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 Gun Owners in Bankruptcy Act of 2022''. SEC. 2. EXEMPTIONS. Section 522 of title 11, United States Code, is amended-- (1) in subsection (d) by adding at the end the following: ``(13) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms.''; and (2) in subsection (f)(4)(A)-- (A) in clause (xiv) by striking ``and'' at the end; (B) in clause (xv) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xvi) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act. <all>

To amend title 11 of the United States Code to include firearms in the types of property allowable under the alternative provision for exempting property from the estate. and (2) in subsection (f)(4)(A)-- (A) in clause (xiv) by striking ``and'' at the end; (B) in clause (xv) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xvi) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms.''.

11,227

2,727

S.2401

Social Welfare

21st Century Assistive Technology Act This bill reauthorizes through FY2026, modifies the funding allocations for, and makes administrative and other changes to programs that increase access to assistive technology devices and assistive technology services for individuals with disabilities. An assistive technology device includes any item, piece of equipment, or system that is used to maintain or improve the functional capabilities of individuals with disabilities (e.g., wheelchairs, hearing aids, or screen readers and computer software), and an assistive technology service is a service that directly assists an individual with a disability with selecting or using such devices, including by evaluating the individual's needs or expanding access to such devices and technology. Specific changes include expanding the scope of certain technical assistance to support grant recipients with data collection, increasing collaboration between agencies that are implementing certain assistive technology grants and state agencies that receive other sources of federal funding for this technology, and adding a more specific focus on older adults in these programs.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``21st Century Assistive Technology Act''.</DELETED> <DELETED>SEC. 2. REAUTHORIZATION.</DELETED> <DELETED> The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended to read as follows:</DELETED> <DELETED>``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED> <DELETED> ``(a) Short Title.--This Act may be cited as the `Assistive Technology Act of 1998'.</DELETED> <DELETED> ``(b) Table of Contents.--The table of contents of this Act is as follows:</DELETED> <DELETED>``Sec. 1. Short title; table of contents. <DELETED>``Sec. 2. Findings and purposes. <DELETED>``Sec. 3. Definitions. <DELETED>``Sec. 4. Grants for State assistive technology programs. <DELETED>``Sec. 5. State grants for protection and advocacy services related to assistive technology. <DELETED>``Sec. 6. Technical assistance and data collection support. <DELETED>``Sec. 7. Projects of national significance. <DELETED>``Sec. 8. Administrative provisions. <DELETED>``Sec. 9. Authorization of appropriations; reservations and distribution of funds. <DELETED>``SEC. 2. FINDINGS AND PURPOSES.</DELETED> <DELETED> ``(a) Findings.--Congress finds the following:</DELETED> <DELETED> ``(1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions.</DELETED> <DELETED> ``(2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to--</DELETED> <DELETED> ``(A) live independently;</DELETED> <DELETED> ``(B) enjoy self-determination and make choices;</DELETED> <DELETED> ``(C) benefit from an education;</DELETED> <DELETED> ``(D) pursue competitive, integrated employment; and</DELETED> <DELETED> ``(E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States.</DELETED> <DELETED> ``(3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States.</DELETED> <DELETED> ``(4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States.</DELETED> <DELETED> ``(5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living.</DELETED> <DELETED> ``(6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs.</DELETED> <DELETED> ``(7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society.</DELETED> <DELETED> ``(8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)), accessibility provisions of the Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.), and the amendments made to the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by the No Child Left Behind Act of 2001 (Public Law 107-110; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities.</DELETED> <DELETED> ``(b) Purposes.--The purposes of this Act are--</DELETED> <DELETED> ``(1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to--</DELETED> <DELETED> ``(A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work);</DELETED> <DELETED> ``(C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages;</DELETED> <DELETED> ``(D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act;</DELETED> <DELETED> ``(F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and</DELETED> <DELETED> ``(G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and</DELETED> <DELETED> ``(2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.</DELETED> <DELETED>``SEC. 3. DEFINITIONS.</DELETED> <DELETED> ``In this Act:</DELETED> <DELETED> ``(1) Adult service program.--The term `adult service program' means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes--</DELETED> <DELETED> ``(A) a program providing residential, supportive, or employment services, or employment- related services, to individuals with disabilities;</DELETED> <DELETED> ``(B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);</DELETED> <DELETED> ``(C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and</DELETED> <DELETED> ``(D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705).</DELETED> <DELETED> ``(2) American indian consortium.--The term `American Indian consortium' means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).</DELETED> <DELETED> ``(3) Assistive technology.--The term `assistive technology' means technology designed to be utilized in an assistive technology device or assistive technology service.</DELETED> <DELETED> ``(4) Assistive technology device.--The term `assistive technology device' means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.</DELETED> <DELETED> ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes--</DELETED> <DELETED> ``(A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual;</DELETED> <DELETED> ``(B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;</DELETED> <DELETED> ``(C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices;</DELETED> <DELETED> ``(D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs;</DELETED> <DELETED> ``(E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual;</DELETED> <DELETED> ``(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and</DELETED> <DELETED> ``(G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities.</DELETED> <DELETED> ``(6) Capacity building and advocacy activities.-- The term `capacity building and advocacy activities' means efforts that--</DELETED> <DELETED> ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and</DELETED> <DELETED> ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce.</DELETED> <DELETED> ``(7) Comprehensive statewide program of technology-related assistance.--The term `comprehensive statewide program of technology-related assistance' means a consumer-responsive program of technology-related assistance for individuals with disabilities--</DELETED> <DELETED> ``(A) implemented by a State;</DELETED> <DELETED> ``(B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and</DELETED> <DELETED> ``(C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)).</DELETED> <DELETED> ``(8) Consumer-responsive.--The term `consumer- responsive'--</DELETED> <DELETED> ``(A) with regard to policies, means that the policies are consistent with the principles of-- </DELETED> <DELETED> ``(i) respect for individual dignity, personal responsibility, self- determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities;</DELETED> <DELETED> ``(ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals;</DELETED> <DELETED> ``(iii) inclusion, integration, and full participation of such individuals in society;</DELETED> <DELETED> ``(iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and</DELETED> <DELETED> ``(v) support for individual and systems advocacy and community involvement; and</DELETED> <DELETED> ``(B) with respect to an entity, program, or activity, means that the entity, program, or activity--</DELETED> <DELETED> ``(i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives;</DELETED> <DELETED> ``(ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and</DELETED> <DELETED> ``(iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in--</DELETED> <DELETED> ``(I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and</DELETED> <DELETED> ``(II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities.</DELETED> <DELETED> ``(9) Disability.--The term `disability' has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).</DELETED> <DELETED> ``(10) Individual with a disability; individuals with disabilities.--</DELETED> <DELETED> ``(A) Individual with a disability.--The term `individual with a disability' means any individual of any age, race, or ethnicity--</DELETED> <DELETED> ``(i) who has a disability; and</DELETED> <DELETED> ``(ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity.</DELETED> <DELETED> ``(B) Individuals with disabilities.--The term `individuals with disabilities' means more than 1 individual with a disability.</DELETED> <DELETED> ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.).</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and</DELETED> <DELETED> ``(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services.</DELETED> <DELETED> ``(13) Secretary.--The term `Secretary' means the Secretary of Health and Human Services, acting through the Administrator for Community Living.</DELETED> <DELETED> ``(14) State.--</DELETED> <DELETED> ``(A) In general.--Except as provided in subparagraph (B), the term `State' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.</DELETED> <DELETED> ``(B) Outlying areas.--In section 4(b):</DELETED> <DELETED> ``(i) Outlying area.--The term `outlying area' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.</DELETED> <DELETED> ``(ii) State.--The term `State' does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.</DELETED> <DELETED> ``(15) State assistive technology program.--The term `State assistive technology program' means a program authorized under section 4.</DELETED> <DELETED> ``(16) Targeted individuals and entities.--The term `targeted individuals and entities' means--</DELETED> <DELETED> ``(A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives;</DELETED> <DELETED> ``(B) underrepresented populations, including the aging workforce;</DELETED> <DELETED> ``(C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities;</DELETED> <DELETED> ``(D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel;</DELETED> <DELETED> ``(E) technology experts (including web designers and procurement officials);</DELETED> <DELETED> ``(F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners);</DELETED> <DELETED> ``(G) employers, especially small business employers, and providers of employment and training services;</DELETED> <DELETED> ``(H) entities that manufacture or sell assistive technology devices;</DELETED> <DELETED> ``(I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and</DELETED> <DELETED> ``(J) other appropriate individuals and entities, as determined for a State by the State.</DELETED> <DELETED> ``(17) Underrepresented population.--The term `underrepresented population' means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), individuals with limited English proficiency, older individuals, or individuals from rural areas.</DELETED> <DELETED> ``(18) Universal design.--The term `universal design' means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.</DELETED> <DELETED>``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.</DELETED> <DELETED> ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to--</DELETED> <DELETED> ``(1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and</DELETED> <DELETED> ``(2) to increase access to assistive technology.</DELETED> <DELETED> ``(b) Amount of Financial Assistance.--</DELETED> <DELETED> ``(1) In general.--From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2).</DELETED> <DELETED> ``(2) Calculation of state grants.--</DELETED> <DELETED> ``(A) Base year.--Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act) for fiscal year 2021.</DELETED> <DELETED> ``(B) Ratable reduction.--</DELETED> <DELETED> ``(i) In general.--If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year.</DELETED> <DELETED> ``(ii) Additional funds.--If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph.</DELETED> <DELETED> ``(C) Higher appropriation years.--For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall--</DELETED> <DELETED> ``(i) make the allotments described in subparagraph (A);</DELETED> <DELETED> ``(ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and</DELETED> <DELETED> ``(iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)--</DELETED> <DELETED> ``(I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and</DELETED> <DELETED> ``(II) from 50 percent of the remainder, allot to each State an equal amount.</DELETED> <DELETED> ``(3) Availability of funds.--Amounts made available for an award year under this section shall be available for the award year and the year following the award year.</DELETED> <DELETED> ``(c) Lead Agency, Implementing Entity, and Advisory Council.--</DELETED> <DELETED> ``(1) Lead agency and implementing entity.-- </DELETED> <DELETED> ``(A) Lead agency.--</DELETED> <DELETED> ``(i) In general.--The Governor of a State shall designate a public agency as a lead agency--</DELETED> <DELETED> ``(I) to control and administer the funds made available through the grant awarded to the State under this section; and</DELETED> <DELETED> ``(II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements.</DELETED> <DELETED> ``(ii) Duties.--The duties of the lead agency shall include--</DELETED> <DELETED> ``(I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance;</DELETED> <DELETED> ``(II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and</DELETED> <DELETED> ``(III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant.</DELETED> <DELETED> ``(B) Implementing entity.--The Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency.</DELETED> <DELETED> ``(C) Change in agency or entity.-- </DELETED> <DELETED> ``(i) In general.--On obtaining the approval of the Secretary--</DELETED> <DELETED> ``(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and</DELETED> <DELETED> ``(II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity.</DELETED> <DELETED> ``(ii) Construction.--Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 (Public Law 108-364; 118 Stat. 1707).</DELETED> <DELETED> ``(2) Advisory council.--</DELETED> <DELETED> ``(A) In general.--There shall be established an advisory council to provide consumer- responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C).</DELETED> <DELETED> ``(B) Composition and representation.-- </DELETED> <DELETED> ``(i) Composition.--The advisory council shall be composed of--</DELETED> <DELETED> ``(I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals;</DELETED> <DELETED> ``(II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) and the State agency for individuals who are blind (within the meaning of section 101 of that Act (29 U.S.C. 721)), if such agency is separate;</DELETED> <DELETED> ``(III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) or the Statewide Independent Living Council established under section 705 of such Act (29 U.S.C. 796d);</DELETED> <DELETED> ``(IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111);</DELETED> <DELETED> ``(V) a representative of 1 or more of the following:</DELETED> <DELETED> ``(aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);</DELETED> <DELETED> ``(bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15024);</DELETED> <DELETED> ``(cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or an organization that receives assistant under such Act (42 U.S.C. 3001 et seq.);</DELETED> <DELETED> ``(dd) an organization representing injured veterans;</DELETED> <DELETED> ``(ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061(a));</DELETED> <DELETED> ``(ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043); or</DELETED> <DELETED> ``(gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025);</DELETED> <DELETED> ``(VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);</DELETED> <DELETED> ``(VII) a representative of an alternative financing program for assistive technology, if--</DELETED> <DELETED> ``(aa) there is an alternative financing program for assistive technology in the State;</DELETED> <DELETED> ``(bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and</DELETED> <DELETED> ``(cc) the program described in item (aa) is operated by a nonprofit entity; and</DELETED> <DELETED> ``(VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State.</DELETED> <DELETED> ``(ii) Majority.--</DELETED> <DELETED> ``(I) In general.--Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures--</DELETED> <DELETED> ``(aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and</DELETED> <DELETED> ``(bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause.</DELETED> <DELETED> ``(II) Representatives of agencies.--Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I).</DELETED> <DELETED> ``(iii) Representation.--The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive.</DELETED> <DELETED> ``(C) Expenses.--The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council.</DELETED> <DELETED> ``(D) Impact on existing statutes, rules, or policies.--Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs.</DELETED> <DELETED> ``(d) Application.--</DELETED> <DELETED> ``(1) In general.--Any State that desires to receive 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.</DELETED> <DELETED> ``(2) Lead agency and implementing entity.-- </DELETED> <DELETED> ``(A) In general.--The application shall contain--</DELETED> <DELETED> ``(i) information identifying and describing the lead agency referred to in subsection (c)(1)(A);</DELETED> <DELETED> ``(ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity;</DELETED> <DELETED> ``(iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and</DELETED> <DELETED> ``(iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council.</DELETED> <DELETED> ``(B) Change in lead agency or implementing agency.--In any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity.</DELETED> <DELETED> ``(3) State plan.--The application under this subsection shall include a State plan for assistive technology, consisting of--</DELETED> <DELETED> ``(A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6));</DELETED> <DELETED> ``(B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities;</DELETED> <DELETED> ``(C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to-- </DELETED> <DELETED> ``(i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);</DELETED> <DELETED> ``(ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);</DELETED> <DELETED> ``(iii) access to tele-assistive technology to aid in the access of health care services;</DELETED> <DELETED> ``(iv) accessible information and communication technology training; and</DELETED> <DELETED> ``(v) community living;</DELETED> <DELETED> ``(D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and</DELETED> <DELETED> ``(E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds.</DELETED> <DELETED> ``(4) Involvement of public and private entities.--The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including-- </DELETED> <DELETED> ``(A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and</DELETED> <DELETED> ``(B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State.</DELETED> <DELETED> ``(5) Assurances.--The application shall include assurances that--</DELETED> <DELETED> ``(A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non- Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f);</DELETED> <DELETED> ``(B) funds received through the grant-- </DELETED> <DELETED> ``(i) will be expended in accordance with this section; and</DELETED> <DELETED> ``(ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(C) the lead agency will control and administer the funds received through the grant;</DELETED> <DELETED> ``(D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant;</DELETED> <DELETED> ``(E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding accessibility for individuals with disabilities;</DELETED> <DELETED> ``(F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property;</DELETED> <DELETED> ``(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d); and</DELETED> <DELETED> ``(H) the State will--</DELETED> <DELETED> ``(i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and</DELETED> <DELETED> ``(ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph.</DELETED> <DELETED> ``(e) Use of Funds.--</DELETED> <DELETED> ``(1) Required activities.--</DELETED> <DELETED> ``(A) In general.--Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall--</DELETED> <DELETED> ``(i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and</DELETED> <DELETED> ``(ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2).</DELETED> <DELETED> ``(B) State or non-federal financial support.--A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State--</DELETED> <DELETED> ``(i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and</DELETED> <DELETED> ``(ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph.</DELETED> <DELETED> ``(2) State-level activities.--</DELETED> <DELETED> ``(A) State financing activities.--The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including--</DELETED> <DELETED> ``(i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(ii) another mechanism that is approved by the Secretary; or</DELETED> <DELETED> ``(iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as--</DELETED> <DELETED> ``(I) a low-interest loan fund;</DELETED> <DELETED> ``(II) an interest buy- down program;</DELETED> <DELETED> ``(III) a revolving loan fund; or</DELETED> <DELETED> ``(IV) a loan guarantee or insurance program.</DELETED> <DELETED> ``(B) Device reutilization programs.--The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations.</DELETED> <DELETED> ``(C) Device loan programs.--The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).</DELETED> <DELETED> ``(D) Device demonstrations.--</DELETED> <DELETED> ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications.</DELETED> <DELETED> ``(ii) Comprehensive information.--The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services.</DELETED> <DELETED> ``(3) State leadership activities.--</DELETED> <DELETED> ``(A) Training and technical assistance.-- </DELETED> <DELETED> ``(i) In general.--The State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses.</DELETED> <DELETED> ``(ii) Authorized activities.--In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include--</DELETED> <DELETED> ``(I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology;</DELETED> <DELETED> ``(II) skills-development training in assessing the need for assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions;</DELETED> <DELETED> ``(IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and</DELETED> <DELETED> ``(V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law.</DELETED> <DELETED> ``(iii) Transition assistance to individuals with disabilities.--The State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist-- </DELETED> <DELETED> ``(I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), that receive transition services; or</DELETED> <DELETED> ``(II) adults who are individuals with disabilities maintaining or transitioning to community living.</DELETED> <DELETED> ``(B) Public-awareness activities.-- </DELETED> <DELETED> ``(i) In general.--The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including--</DELETED> <DELETED> ``(I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools;</DELETED> <DELETED> ``(II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and</DELETED> <DELETED> ``(III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities.</DELETED> <DELETED> ``(ii) Statewide information and referral system.--</DELETED> <DELETED> ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities.</DELETED> <DELETED> ``(II) Content.--The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living.</DELETED> <DELETED> ``(C) Coordination and collaboration.--The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State.</DELETED> <DELETED> ``(4) Indirect costs.--Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs.</DELETED> <DELETED> ``(5) Funding rules.--</DELETED> <DELETED> ``(A) Prohibition.--Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability.</DELETED> <DELETED> ``(B) Federal partner collaboration.--In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including--</DELETED> <DELETED> ``(i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);</DELETED> <DELETED> ``(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);</DELETED> <DELETED> ``(iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);</DELETED> <DELETED> ``(iv) the State agency receiving assistance under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and</DELETED> <DELETED> ``(v) any other agency in a State that funds assistive technology.</DELETED> <DELETED> ``(6) State flexibility.--</DELETED> <DELETED> ``(A) In general.--Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2).</DELETED> <DELETED> ``(B) Special rule.--Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)--</DELETED> <DELETED> ``(i) shall carry out each of the required activities described in paragraph (3); and</DELETED> <DELETED> ``(ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities.</DELETED> <DELETED> ``(7) Assistive technology device disposition.-- Notwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device.</DELETED> <DELETED> ``(f) Annual Progress Reports.--</DELETED> <DELETED> ``(1) Data collection.--Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2).</DELETED> <DELETED> ``(2) Reports.--</DELETED> <DELETED> ``(A) In general.--Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require.</DELETED> <DELETED> ``(B) Contents.--The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State--</DELETED> <DELETED> ``(i) the type of State financing activities described in subsection (e)(2)(A) used by the State;</DELETED> <DELETED> ``(ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including-- </DELETED> <DELETED> ``(I) the number of applications for assistance received;</DELETED> <DELETED> ``(II) the numbers of applications--</DELETED> <DELETED> ``(aa) approved;</DELETED> <DELETED> ``(bb) denied; or</DELETED> <DELETED> ``(cc) withdrawn;</DELETED> <DELETED> ``(III) the number, and dollar amount, of defaults for the financing activities;</DELETED> <DELETED> ``(IV) the range and average interest rate for the financing activities;</DELETED> <DELETED> ``(V) the range and average income of approved applicants for the financing activities; and</DELETED> <DELETED> ``(VI) the types and dollar amounts of assistive technology financed;</DELETED> <DELETED> ``(iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program;</DELETED> <DELETED> ``(iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program;</DELETED> <DELETED> ``(v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals;</DELETED> <DELETED> ``(vi)(I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and</DELETED> <DELETED> ``(II) to the extent practicable, the geographic distribution of individuals who participated in the training;</DELETED> <DELETED> ``(vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities;</DELETED> <DELETED> ``(viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public- awareness activities under subsection (e)(3)(B) with a high impact;</DELETED> <DELETED> ``(ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e- government;</DELETED> <DELETED> ``(x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource- sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and</DELETED> <DELETED> ``(xi) the level of customer satisfaction with the services provided.</DELETED> <DELETED>``SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE TECHNOLOGY.</DELETED> <DELETED> ``(a) Grants.--</DELETED> <DELETED> ``(1) In general.--From amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities.</DELETED> <DELETED> ``(2) General authorities.--In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined by the Secretary.</DELETED> <DELETED> ``(b) Reservation; Distribution.--</DELETED> <DELETED> ``(1) Reservation.--For each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4).</DELETED> <DELETED> ``(2) Population basis.--From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States.</DELETED> <DELETED> ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall--</DELETED> <DELETED> ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and</DELETED> <DELETED> ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000.</DELETED> <DELETED> ``(4) Payment to the system serving the american indian consortium.--</DELETED> <DELETED> ``(A) In general.--The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section.</DELETED> <DELETED> ``(B) Amount of grants.--The amount of such grants shall be the same as the amount provided under paragraph (3)(A).</DELETED> <DELETED> ``(5) Adjustment.--For each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made.</DELETED> <DELETED> ``(c) Direct Payment.--Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount.</DELETED> <DELETED> ``(d) Carryover; Program Income.--</DELETED> <DELETED> ``(1) Carryover.--Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year.</DELETED> <DELETED> ``(2) Program income.--Program income generated from any amount paid to an eligible system for a fiscal year shall--</DELETED> <DELETED> ``(A) remain available to the eligible system until expended and be considered an addition to the grant; and</DELETED> <DELETED> ``(B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services.</DELETED> <DELETED> ``(e) Report to Secretary.--An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in-- </DELETED> <DELETED> ``(1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities;</DELETED> <DELETED> ``(3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities;</DELETED> <DELETED> ``(4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act;</DELETED> <DELETED> ``(5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and</DELETED> <DELETED> ``(6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services.</DELETED> <DELETED> ``(f) Reports and Updates to State Agencies.--An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection.</DELETED> <DELETED> ``(g) Coordination.--On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section.</DELETED> <DELETED>``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Qualified data collection and reporting entity.--The term `qualified data collection and reporting entity' means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to--</DELETED> <DELETED> ``(A) provide recipients of grants under this Act with training and technical assistance; and</DELETED> <DELETED> ``(B) assist such recipients with data collection and data requirements.</DELETED> <DELETED> ``(2) Qualified protection and advocacy system technical assistance provider.--The term `qualified protection and advocacy system technical assistance provider' means an entity that has experience in--</DELETED> <DELETED> ``(A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043); and</DELETED> <DELETED> ``(B) providing technical assistance to protection and advocacy agencies.</DELETED> <DELETED> ``(3) Qualified training and technical assistance provider.--The term `qualified training and technical assistance provider' means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)--</DELETED> <DELETED> ``(A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and</DELETED> <DELETED> ``(B) documented experience in and knowledge about--</DELETED> <DELETED> ``(i) assistive technology device loan and demonstration;</DELETED> <DELETED> ``(ii) assistive technology device reuse;</DELETED> <DELETED> ``(iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and</DELETED> <DELETED> ``(iv) State leadership activities.</DELETED> <DELETED> ``(b) Technical Assistance and Data Collection Support Authorized.--</DELETED> <DELETED> ``(1) Support for assistive technology training and technical assistance.--From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis--</DELETED> <DELETED> ``(A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and</DELETED> <DELETED> ``(B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5.</DELETED> <DELETED> ``(2) Support for data collection and reporting assistance.--From amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis--</DELETED> <DELETED> ``(A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and</DELETED> <DELETED> ``(B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5.</DELETED> <DELETED> ``(c) Application.--</DELETED> <DELETED> ``(1) In general.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.</DELETED> <DELETED> ``(2) Input.--In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially--</DELETED> <DELETED> ``(A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services;</DELETED> <DELETED> ``(B) family members, guardians, advocates, and authorized representatives of such individuals;</DELETED> <DELETED> ``(C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services;</DELETED> <DELETED> ``(D) representatives of businesses; and</DELETED> <DELETED> ``(E) venders and public and private researchers and developers.</DELETED> <DELETED> ``(d) Authorized Activities.--</DELETED> <DELETED> ``(1) Use of funds for assistive technology training and technical assistance.--</DELETED> <DELETED> ``(A) Training and technical assistance efforts.--A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that--</DELETED> <DELETED> ``(i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including--</DELETED> <DELETED> ``(I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages;</DELETED> <DELETED> ``(II) requests for state- of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services;</DELETED> <DELETED> ``(III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans;</DELETED> <DELETED> ``(IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities;</DELETED> <DELETED> ``(V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and</DELETED> <DELETED> ``(VI) other requests for training and technical assistance from entities funded under this Act;</DELETED> <DELETED> ``(ii) in the case of a program that will serve States receiving grants under section 4--</DELETED> <DELETED> ``(I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and</DELETED> <DELETED> ``(II) provides State- specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including--</DELETED> <DELETED> ``(aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs;</DELETED> <DELETED> ``(bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web- based audio/video broadcasts, on emerging topics that affect State assistive technology programs;</DELETED> <DELETED> ``(cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs;</DELETED> <DELETED> ``(dd) sharing best practice and evidence- based practices among State assistive technology programs;</DELETED> <DELETED> ``(ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations;</DELETED> <DELETED> ``(ff) developing a resource that connects individuals from a State with the State assistive technology program in their State;</DELETED> <DELETED> ``(gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and</DELETED> <DELETED> ``(hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and</DELETED> <DELETED> ``(iii) includes such other activities as the Secretary may require.</DELETED> <DELETED> ``(B) Collaboration.--In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall-- </DELETED> <DELETED> ``(i) collaborate with--</DELETED> <DELETED> ``(I) organizations representing individuals with disabilities;</DELETED> <DELETED> ``(II) national organizations representing State assistive technology programs;</DELETED> <DELETED> ``(III) organizations representing State officials and agencies engaged in the delivery of assistive technology;</DELETED> <DELETED> ``(IV) other qualified data collection and reporting entities and technical assistance providers;</DELETED> <DELETED> ``(V) providers of State financing activities, including alternative financing programs for assistive technology;</DELETED> <DELETED> ``(VI) providers of device loans, device demonstrations, and device reutilization; and</DELETED> <DELETED> ``(VII) any other organizations determined appropriate by the provider or the Secretary; and</DELETED> <DELETED> ``(ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4.</DELETED> <DELETED> ``(2) Use of funds for assistive technology data collection and reporting assistance.--A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that--</DELETED> <DELETED> ``(A) focus on quantitative and qualitative data elements;</DELETED> <DELETED> ``(B) help measure the accrued benefits of the activities to individuals who need assistive technology; and</DELETED> <DELETED> ``(C) in the case of systems that will serve States receiving grants under section 4-- </DELETED> <DELETED> ``(i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and</DELETED> <DELETED> ``(ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2).</DELETED> <DELETED>``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.</DELETED> <DELETED> ``(a) Definition of Project of National Significance.--In this section, the term `project of national significance'--</DELETED> <DELETED> ``(1) means a project that--</DELETED> <DELETED> ``(A) increases access to, and acquisition of, assistive technology; and</DELETED> <DELETED> ``(B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and</DELETED> <DELETED> ``(2) may--</DELETED> <DELETED> ``(A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment;</DELETED> <DELETED> ``(B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note);</DELETED> <DELETED> ``(C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits;</DELETED> <DELETED> ``(D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in--</DELETED> <DELETED> ``(i) finding employment and postsecondary education opportunities; and</DELETED> <DELETED> ``(ii) upgrading and changing any assistive technology devices that may be needed as a youth matures;</DELETED> <DELETED> ``(E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community;</DELETED> <DELETED> ``(F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3;</DELETED> <DELETED> ``(G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and</DELETED> <DELETED> ``(H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary.</DELETED> <DELETED> ``(b) Projects Authorized.--If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance.</DELETED> <DELETED> ``(c) Application.--A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.</DELETED> <DELETED> ``(d) Award Basis.--</DELETED> <DELETED> ``(1) Priority.--In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period.</DELETED> <DELETED> ``(2) Preference.--For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project.</DELETED> <DELETED> ``(e) Minimum Funding Level Required.--The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000.</DELETED> <DELETED>``SEC. 8. ADMINISTRATIVE PROVISIONS.</DELETED> <DELETED> ``(a) General Administration.--</DELETED> <DELETED> ``(1) In general.--Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act.</DELETED> <DELETED> ``(2) Collaboration.--The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act.</DELETED> <DELETED> ``(3) Administration.--</DELETED> <DELETED> ``(A) In general.--In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address--</DELETED> <DELETED> ``(i) the needs of individuals with all types of disabilities and across the age span; and</DELETED> <DELETED> ``(ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons.</DELETED> <DELETED> ``(B) Funding limitation.--For each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act.</DELETED> <DELETED> ``(b) Review of Participating Entities.--</DELETED> <DELETED> ``(1) In general.--The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants.</DELETED> <DELETED> ``(2) Provision of information.--To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d).</DELETED> <DELETED> ``(c) Corrective Action and Sanctions.--</DELETED> <DELETED> ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan.</DELETED> <DELETED> ``(2) Sanctions.--If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary:</DELETED> <DELETED> ``(A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan.</DELETED> <DELETED> ``(B) Ineligibility to participate in the grant program in the following year.</DELETED> <DELETED> ``(C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year.</DELETED> <DELETED> ``(D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program.</DELETED> <DELETED> ``(3) Appeals procedures.--The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1).</DELETED> <DELETED> ``(4) Secretarial action.--As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action.</DELETED> <DELETED> ``(5) Public notification.--The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action.</DELETED> <DELETED> ``(d) Annual Report to Congress.--</DELETED> <DELETED> ``(1) In general.--Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services.</DELETED> <DELETED> ``(2) Contents.--Such report shall include-- </DELETED> <DELETED> ``(A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and</DELETED> <DELETED> ``(B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C).</DELETED> <DELETED> ``(e) Construction.--Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.) or other applicable law.</DELETED> <DELETED> ``(f) Effect on Other Assistance.--This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.</DELETED> <DELETED>``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND DISTRIBUTION OF FUNDS.</DELETED> <DELETED> ``(a) In General.--There are authorized to be appropriated to carry out this Act--</DELETED> <DELETED> ``(1) $60,000,000 for fiscal year 2022; and</DELETED> <DELETED> ``(2) such sums as may be necessary for each of fiscal years 2023 through 2026.</DELETED> <DELETED> ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall--</DELETED> <DELETED> ``(1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which-- </DELETED> <DELETED> ``(A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and</DELETED> <DELETED> ``(B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B);</DELETED> <DELETED> ``(2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and</DELETED> <DELETED> ``(3) of the amounts remaining after the reservations under paragraphs (1) and (2)--</DELETED> <DELETED> ``(A) use 85.5 percent of such amounts to carry out section 4; and</DELETED> <DELETED> ``(B) use 14.5 percent of such amounts to carry out section 5.</DELETED> <DELETED> ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).''.</DELETED> <DELETED>SEC. 3. EFFECTIVE DATE.</DELETED> <DELETED> This Act, and the amendments made by this Act, shall take effect on the day that is six months after the date of enactment of this Act.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Assistive Technology Act''. SEC. 2. REAUTHORIZATION. The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended to read as follows: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `Assistive Technology Act of 1998'. ``(b) Table of Contents.--The table of contents of this Act is as follows: ``Sec. 1. Short title; table of contents. ``Sec. 2. Purposes. ``Sec. 3. Definitions. ``Sec. 4. Grants for State assistive technology programs. ``Sec. 5. Grants for protection and advocacy services related to assistive technology. ``Sec. 6. Technical assistance and data collection support. ``Sec. 7. Projects of national significance. ``Sec. 8. Administrative provisions. ``Sec. 9. Authorization of appropriations; reservations and distribution of funds. ``SEC. 2. PURPOSES. ``The purposes of this Act are-- ``(1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are designed to-- ``(A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; ``(B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); ``(C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; ``(D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; ``(E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; ``(F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and ``(G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among targeted individuals and entities and the general population; and ``(2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. ``SEC. 3. DEFINITIONS. ``In this Act: ``(1) Adult service program.--The term `adult service program' means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes-- ``(A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; ``(B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); ``(C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and ``(D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). ``(2) American indian consortium.--The term `American Indian consortium' means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act (42 U.S.C. 15041 et seq.). ``(3) Assistive technology.--The term `assistive technology' means technology designed to be utilized in an assistive technology device or assistive technology service. ``(4) Assistive technology device.--The term `assistive technology device' means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes-- ``(A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; ``(B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; ``(C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; ``(D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; ``(E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; ``(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and ``(G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. ``(6) Capacity building and advocacy activities.--The term `capacity building and advocacy activities' means efforts that-- ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. ``(7) Comprehensive statewide program of technology-related assistance.--The term `comprehensive statewide program of technology-related assistance' means a consumer-responsive program of technology-related assistance for individuals with disabilities that-- ``(A) is implemented by a State; ``(B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and ``(C) incorporates all the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). ``(8) Consumer-responsive.--The term `consumer- responsive'-- ``(A) with regard to policies, means that the policies are consistent with the principles of-- ``(i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; ``(ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; ``(iii) inclusion, integration, and full participation of such individuals in society; ``(iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and ``(v) support for individual and systems advocacy and community involvement; and ``(B) with respect to an entity, program, or activity, means that the entity, program, or activity-- ``(i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; ``(ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and ``(iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in-- ``(I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and ``(II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. ``(9) Disability.--The term `disability' has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(10) Individual with a disability.--The term `individual with a disability' means any individual of any age, race, or ethnicity-- ``(A) who has a disability; and ``(B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.). ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and ``(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. ``(13) Secretary.--The term `Secretary' means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. ``(14) State.-- ``(A) In general.--Except as provided in subparagraph (B), the term `State' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(B) Outlying areas.--In section 4(b): ``(i) Outlying area.--The term `outlying area' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(ii) State.--The term `State' does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(15) State assistive technology program.--The term `State assistive technology program' means a program authorized under section 4. ``(16) Targeted individuals and entities.--The term `targeted individuals and entities' means-- ``(A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; ``(B) underrepresented populations, including the aging workforce; ``(C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), insurers, or managed care providers) that have contact with, or provide services to, individuals with disabilities; ``(D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; ``(E) technology experts (including web designers and procurement officials); ``(F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); ``(G) employers, especially small business employers, and providers of employment and training services; ``(H) entities that manufacture or sell assistive technology devices; ``(I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and ``(J) other appropriate individuals and entities, as determined for a State by the State. ``(17) Underrepresented population.--The term `underrepresented population' means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, older individuals, or individuals living in rural areas. ``(18) Universal design.--The term `universal design' means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. ``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS. ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed-- ``(1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and ``(2) to increase access to assistive technology. ``(b) Amount of Financial Assistance.-- ``(1) In general.--From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). ``(2) Calculation of state grants.-- ``(A) Base year.--Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act) for fiscal year 2021. ``(B) Ratable reduction.-- ``(i) In general.--If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. ``(ii) Additional funds.--If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A). ``(C) Appropriation higher than base year amount.-- For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under subparagraph (A) and no greater than $40,000,000, the Secretary shall-- ``(i) make the allotments described in subparagraph (A); ``(ii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clause (i), the Secretary shall-- ``(I) from 50 percent of the portion, allot to each State an equal amount; and ``(II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $410,000 under clause (i) and this clause; and ``(iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii), the Secretary shall-- ``(I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and ``(II) from 20 percent of the remainder, allot to each State an equal amount. ``(D) Appropriation higher than threshold amount.-- For a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall-- ``(i) make the allotments described in subparagraph (A); ``(ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause; ``(iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall-- ``(I) from 50 percent of the portion, allot to each State an equal amount; and ``(II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and ``(iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), the Secretary shall-- ``(I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and ``(II) from 20 percent of the remainder, allot to each State an equal amount. ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(c) Lead Agency, Implementing Entity, and Advisory Council.-- ``(1) Lead agency and implementing entity.-- ``(A) Lead agency.-- ``(i) In general.--The Governor of a State shall designate a public agency as a lead agency-- ``(I) to control and administer the funds made available through the grant awarded to the State under this section; and ``(II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. ``(ii) Duties.--The duties of the lead agency shall include-- ``(I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; ``(II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and ``(III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. ``(C) Change in agency or entity.-- ``(i) In general.--On obtaining the approval of the Secretary-- ``(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and ``(II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. ``(ii) Construction.--Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 (Public Law 108-364; 118 Stat. 1707). ``(2) Advisory council.-- ``(A) In general.--There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). ``(B) Composition and representation.-- ``(i) Composition.--The advisory council shall be composed of-- ``(I) individuals with disabilities who use assistive technology, including older individuals, or the family members or guardians of the individuals; ``(II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) and the State agency for individuals who are blind (within the meaning of section 101 of that Act (29 U.S.C. 721)), if such agency is separate; ``(III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) or the Statewide Independent Living Council established under section 705 of such Act (29 U.S.C. 796d); ``(IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111); ``(V) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); ``(VI) a representative of an alternative financing program for assistive technology if-- ``(aa) there is an alternative financing program for assistive technology in the State; ``(bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and ``(cc) the program described in item (aa) is operated by a nonprofit entity; ``(VII) representatives of other State agencies, public agencies, or private organizations, as determined by the State; and ``(VIII) a representative of 1 or more of the following: ``(aa) The agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15024). ``(cc) The State agency designated under section 305(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or an organization that receives assistance under such Act (42 U.S.C. 3001 et seq.). ``(dd) An organization representing disabled veterans. ``(ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061(a)). ``(ff) The State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043). ``(gg) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025). ``(ii) Majority.-- ``(I) In general.--Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities. ``(II) Representatives of agencies.--Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). ``(iii) Representation.--The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. ``(C) Expenses.--The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. ``(D) Impact on existing statutes, rules, or policies.--Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies that carry out State assistive technology programs. ``(d) Application.-- ``(1) In general.--Any State that desires to receive 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. ``(2) Lead agency and implementing entity.-- ``(A) In general.--The application shall contain-- ``(i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); ``(ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor of the State designates such an entity; and ``(iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2). ``(B) Change in lead agency or implementing entity.--In any case where-- ``(i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the agency designated as the lead agency should not serve as that agency; or ``(ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the implementing entity should not serve as that entity. ``(3) State plan.--The application under this subsection shall include a State plan for assistive technology consisting of-- ``(A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); ``(B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; ``(C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to-- ``(i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ``(ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.); ``(iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; ``(iv) accessible information and communication technology training; and ``(v) community living; ``(D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and ``(E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. ``(4) Involvement of public and private entities.--The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including-- ``(A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and ``(B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. ``(5) Assurances.--The application shall include assurances that-- ``(A) the State will annually collect data related to the required activities implemented by the State under this section in order to prepare the progress reports required under subsection (f); ``(B) funds received through the grant-- ``(i) will be expended in accordance with this section; and ``(ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; ``(C) the lead agency will control and administer the funds received through the grant; ``(D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; ``(E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding accessibility for individuals with disabilities; ``(F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; ``(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and ``(H) the State will-- ``(i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and ``(ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. ``(e) Use of Funds.-- ``(1) Required activities.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall-- ``(i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and ``(ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). ``(B) State or non-federal financial support.--A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State-- ``(i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and ``(ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. ``(2) State-level activities.-- ``(A) State financing activities.--The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including-- ``(i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; ``(ii) another mechanism that is approved by the Secretary; or ``(iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as-- ``(I) a low-interest loan fund; ``(II) an interest buy-down program; ``(III) a revolving loan fund; or ``(IV) a loan guarantee or insurance program. ``(B) Device reutilization programs.--The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. ``(C) Device loan programs.--The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(ii) Comprehensive information.--The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. ``(3) State leadership activities.-- ``(A) Training and technical assistance.-- ``(i) In general.--The State shall (directly or through the provision of support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities) develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, State vocational rehabilitation programs, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. ``(ii) Authorized activities.--In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include-- ``(I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals and transition-age youth with disabilities, and entities in acquiring assistive technology; ``(II) skills-development training in assessing the need for assistive technology devices and assistive technology services; ``(III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; ``(IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and ``(V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. ``(iii) Transition assistance to individuals with disabilities.--The State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist-- ``(I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), that receive transition services; and ``(II) adults who are individuals with disabilities maintaining or transitioning to community living. ``(B) Public-awareness activities.-- ``(i) In general.--The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals and transition-age youth with disabilities, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including-- ``(I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), State vocational rehabilitation programs, public and private employers, or elementary and secondary public schools; ``(II) the development and dissemination to targeted individuals, including older individuals and transition-age youth with disabilities, and entities, of information about State efforts related to assistive technology; and ``(III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. ``(II) Content.--The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. ``(C) Coordination and collaboration.--The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. ``(4) Indirect costs.--Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. ``(5) Funding rules.-- ``(A) Prohibition.--Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. ``(B) Federal partner collaboration.--In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including-- ``(i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ``(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.); ``(iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); ``(iv) the State agency receiving assistance under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and ``(v) any other agency in a State that funds assistive technology. ``(6) State flexibility.-- ``(A) In general.--Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). ``(B) Special rule.--Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)-- ``(i) shall carry out each of the required activities described in paragraph (3); and ``(ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. ``(7) Assistive technology device disposition.-- Notwithstanding other equipment disposition policy under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private nonprofit agency, or individual with a disability in need of such device. ``(f) Annual Progress Reports.-- ``(1) Data collection.--Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). ``(2) Reports.-- ``(A) In general.--Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. ``(B) Contents.--The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State-- ``(i) the type of State financing activities described in subsection (e)(2)(A) used by the State; ``(ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (which shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including-- ``(I) the number of applications for assistance received; ``(II) the number of applications-- ``(aa) approved; ``(bb) denied; or ``(cc) withdrawn; ``(III) the number, percentage, and dollar amount of defaults for the financing activities; ``(IV) the range and average interest rate for the financing activities; ``(V) the range and average income of approved applicants for the financing activities; and ``(VI) the types and dollar amounts of assistive technology financed; ``(iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; ``(iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; ``(v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; ``(vi)(I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such training; and ``(II) to the extent practicable, the geographic distribution of individuals who participated in the training; ``(vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; ``(viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public awareness activities under subsection (e)(3)(B) with high impact; ``(ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e- government; ``(x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and ``(xi) the level of customer satisfaction with the services provided. ``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE TECHNOLOGY. ``(a) Grants.-- ``(1) In general.--The Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. ``(2) General authorities.--In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined by the Secretary. ``(b) Reservation; Distribution.-- ``(1) Reservation.--For each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under section 9(b)(2)(B), such sums as may be necessary to carry out paragraph (4). ``(2) Population basis.--From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(4) Payment to the system serving the american indian consortium.-- ``(A) In general.--The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. ``(B) Amount of grants.--The amount of such grants shall be the same as the amount provided under paragraph (3)(A). ``(5) Adjustments.--For each fiscal year in which the total amount appropriated under section 9(b)(2)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. ``(c) Direct Payment.--Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. ``(d) Carryover; Program Income.-- ``(1) Carryover.--Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. ``(2) Program income.--Program income generated from any amount paid to an eligible system for a fiscal year shall-- ``(A) remain available to the eligible system until expended and be considered an addition to the grant; and ``(B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. ``(e) Report to Secretary.--An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in-- ``(1) conducting consumer-responsive activities, including activities that will lead to increased access for individuals with disabilities, to funding for assistive technology devices and assistive technology services; ``(2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; ``(3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; ``(4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; ``(5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and ``(6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. ``(f) Reports and Updates to State Agencies.--An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. ``(g) Coordination.--On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. ``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT. ``(a) Definitions.--In this section: ``(1) Qualified data collection and reporting entity.--The term `qualified data collection and reporting entity' means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to-- ``(A) provide recipients of grants under this Act with training and technical assistance; and ``(B) assist such recipients with data collection and data requirements. ``(2) Qualified protection and advocacy system technical assistance provider.--The term `qualified protection and advocacy system technical assistance provider' means an entity that has experience in-- ``(A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043); and ``(B) providing technical assistance to protection and advocacy agencies. ``(3) Qualified training and technical assistance provider.--The term `qualified training and technical assistance provider' means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)-- ``(A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and ``(B) documented experience in and knowledge about-- ``(i) assistive technology device loan and demonstration; ``(ii) assistive technology device reuse; ``(iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and ``(iv) State leadership activities. ``(b) Technical Assistance and Data Collection Support Authorized.-- ``(1) Support for assistive technology training and technical assistance.--From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis-- ``(A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and ``(B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. ``(2) Support for data collection and reporting assistance.--From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis-- ``(A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and ``(B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Input.--In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially-- ``(A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; ``(B) family members, guardians, advocates, and authorized representatives of such individuals; ``(C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; ``(D) representatives of businesses; and ``(E) venders and public and private researchers and developers. ``(d) Authorized Activities.-- ``(1) Use of funds for assistive technology training and technical assistance.-- ``(A) Training and technical assistance efforts.--A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that-- ``(i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including-- ``(I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; ``(II) requests for state-of-the- art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; ``(III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; ``(IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; ``(V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and ``(VI) other requests for training and technical assistance from entities funded under this Act; ``(ii) in the case of a program that will serve States receiving grants under section 4-- ``(I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and ``(II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including-- ``(aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; ``(bb) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics that affect State assistive technology programs; ``(cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; ``(dd) sharing best practice and evidence-based practices among State assistive technology programs; ``(ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; ``(ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; ``(gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and ``(hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and ``(iii) includes such other activities as the Secretary may require. ``(B) Collaboration.--In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall-- ``(i) collaborate with-- ``(I) organizations representing individuals with disabilities; ``(II) national organizations representing State assistive technology programs; ``(III) organizations representing State officials and agencies engaged in the delivery of assistive technology; ``(IV) other qualified data collection and reporting entities and technical assistance providers; ``(V) providers of State financing activities, including alternative financing programs for assistive technology; ``(VI) providers of device loans, device demonstrations, and device reutilization; and ``(VII) any other organizations determined appropriate by the provider or the Secretary; and ``(ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. ``(2) Use of funds for assistive technology data collection and reporting assistance.--A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that-- ``(A) focus on quantitative and qualitative data elements; ``(B) help measure the accrued benefits of the activities to individuals who need assistive technology; and ``(C) in the case of systems that will serve States receiving grants under section 4-- ``(i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and ``(ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). ``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE. ``(a) Definition of Project of National Significance.--In this section, the term `project of national significance'-- ``(1) means a project that-- ``(A) increases access to, and acquisition of, assistive technology; and ``(B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and ``(2) may-- ``(A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; ``(B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note); ``(C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; ``(D) provide aid to assist youth with disabilities (including youth with intellectual and developmental disabilities) to transition from school to adult life, especially in-- ``(i) finding employment and postsecondary education opportunities; and ``(ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; ``(E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; ``(F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; ``(G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and ``(H) increase awareness of and access to other federally funded disability programs or increase knowledge of assistive technology, as determined appropriate by the Secretary. ``(b) Projects Authorized.--If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. ``(c) Application.--A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Award Basis.-- ``(1) Priority.--In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. ``(2) Preference.--For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is a reason to prioritize that category of project. ``(e) Minimum Funding Level Required.--The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. ``SEC. 8. ADMINISTRATIVE PROVISIONS. ``(a) General Administration.-- ``(1) In general.-- Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. ``(2) Collaboration.--The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. ``(3) Administration.-- ``(A) In general.--In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will address-- ``(i) the needs of individuals with all types of disabilities and across the lifespan; and ``(ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. ``(B) Funding limitations.--For each fiscal year, not more than \1/2\ of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. ``(b) Review of Participating Entities.-- ``(1) In general.--The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. ``(2) Provision of information.--To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). ``(c) Corrective Action and Sanctions.-- ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ``(2) Sanctions.--If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary: ``(A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. ``(B) Ineligibility to participate in the grant program in the following year. ``(C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. ``(D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. ``(3) Appeals procedures.--The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). ``(4) Secretarial action.--As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. ``(5) Public notification.--The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. ``(d) Annual Report to Congress.-- ``(1) In general.--Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this Act to improve the access of assistive technology devices and assistive technology services to individuals with disabilities. ``(2) Contents.--Such report shall include-- ``(A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and ``(B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). ``(e) Construction.--Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.) or other applicable law. ``(f) Effect on Other Assistance.--This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND DISTRIBUTION OF FUNDS. ``(a) In General.--There are authorized to be appropriated to carry out this Act-- ``(1) $60,000,000 for fiscal year 2022; and ``(2) such sums as may be necessary for each of fiscal years 2023 through 2026. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5. ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).''. SEC. 3. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the day that is 6 months after the date of enactment of this Act. Calendar No. 121 117th CONGRESS 1st Session S. 2401 _______________________________________________________________________

21st Century Assistive Technology Act

A bill to reauthorize the Assistive Technology Act of 1998, and for other purposes.

21st Century Assistive Technology Act 21st Century Assistive Technology Act

Sen. Casey, Robert P., Jr.

D

PA

This bill reauthorizes through FY2026, modifies the funding allocations for, and makes administrative and other changes to programs that increase access to assistive technology devices and assistive technology services for individuals with disabilities. An assistive technology device includes any item, piece of equipment, or system that is used to maintain or improve the functional capabilities of individuals with disabilities (e.g., wheelchairs, hearing aids, or screen readers and computer software), and an assistive technology service is a service that directly assists an individual with a disability with selecting or using such devices, including by evaluating the individual's needs or expanding access to such devices and technology. Specific changes include expanding the scope of certain technical assistance to support grant recipients with data collection, increasing collaboration between agencies that are implementing certain assistive technology grants and state agencies that receive other sources of federal funding for this technology, and adding a more specific focus on older adults in these programs.

''.</DELETED> <DELETED>SEC. 1. Purposes. Grants for State assistive technology programs. Grants for protection and advocacy services related to assistive technology. Technical assistance and data collection support. Projects of national significance. Administrative provisions. 2. ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 4. ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. 721)), if such agency is separate; ``(III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. ), the Americans with Disabilities Act of 1990 (42 U.S.C. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. 1400 et seq. ``(2) Reports.-- ``(A) In general.--Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. ), as determined by the Secretary. 6. ``(B) Collaboration.--In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall-- ``(i) collaborate with-- ``(I) organizations representing individuals with disabilities; ``(II) national organizations representing State assistive technology programs; ``(III) organizations representing State officials and agencies engaged in the delivery of assistive technology; ``(IV) other qualified data collection and reporting entities and technical assistance providers; ``(V) providers of State financing activities, including alternative financing programs for assistive technology; ``(VI) providers of device loans, device demonstrations, and device reutilization; and ``(VII) any other organizations determined appropriate by the provider or the Secretary; and ``(ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. 7. or other applicable law. 9.

''.</DELETED> <DELETED>SEC. 1. Purposes. Grants for State assistive technology programs. Grants for protection and advocacy services related to assistive technology. Technical assistance and data collection support. Projects of national significance. Administrative provisions. 2. ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 4. ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. 721)), if such agency is separate; ``(III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. ), the Americans with Disabilities Act of 1990 (42 U.S.C. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. 1400 et seq. ``(2) Reports.-- ``(A) In general.--Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. ), as determined by the Secretary. 6. 7. or other applicable law. 9.

''.</DELETED> <DELETED>SEC. 1. Purposes. Grants for State assistive technology programs. Grants for protection and advocacy services related to assistive technology. Technical assistance and data collection support. Projects of national significance. Administrative provisions. 2. ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 4. ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. 721)), if such agency is separate; ``(III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. ), the Americans with Disabilities Act of 1990 (42 U.S.C. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. 1400 et seq. ``(2) Reports.-- ``(A) In general.--Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. ), as determined by the Secretary. 6. ``(B) Collaboration.--In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall-- ``(i) collaborate with-- ``(I) organizations representing individuals with disabilities; ``(II) national organizations representing State assistive technology programs; ``(III) organizations representing State officials and agencies engaged in the delivery of assistive technology; ``(IV) other qualified data collection and reporting entities and technical assistance providers; ``(V) providers of State financing activities, including alternative financing programs for assistive technology; ``(VI) providers of device loans, device demonstrations, and device reutilization; and ``(VII) any other organizations determined appropriate by the provider or the Secretary; and ``(ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. 7. ``(B) Funding limitations.--For each fiscal year, not more than \1/2\ of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. or other applicable law. 9. EFFECTIVE DATE.

''.</DELETED> <DELETED>SEC. 1. Short title; table of contents. Purposes. Definitions. Grants for State assistive technology programs. Grants for protection and advocacy services related to assistive technology. Technical assistance and data collection support. Projects of national significance. Administrative provisions. 2. ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 4. ``(D) Appropriation higher than threshold amount.-- For a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall-- ``(i) make the allotments described in subparagraph (A); ``(ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause; ``(iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall-- ``(I) from 50 percent of the portion, allot to each State an equal amount; and ``(II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and ``(iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), the Secretary shall-- ``(I) from 80 percent of the remainder, allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and ``(II) from 20 percent of the remainder, allot to each State an equal amount. ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. 721)), if such agency is separate; ``(III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. ), the Americans with Disabilities Act of 1990 (42 U.S.C. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. 1400 et seq. ``(2) Reports.-- ``(A) In general.--Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require. ), as determined by the Secretary. 6. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Collaboration.--In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall-- ``(i) collaborate with-- ``(I) organizations representing individuals with disabilities; ``(II) national organizations representing State assistive technology programs; ``(III) organizations representing State officials and agencies engaged in the delivery of assistive technology; ``(IV) other qualified data collection and reporting entities and technical assistance providers; ``(V) providers of State financing activities, including alternative financing programs for assistive technology; ``(VI) providers of device loans, device demonstrations, and device reutilization; and ``(VII) any other organizations determined appropriate by the provider or the Secretary; and ``(ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. 7. 3002), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; ``(D) provide aid to assist youth with disabilities (including youth with intellectual and developmental disabilities) to transition from school to adult life, especially in-- ``(i) finding employment and postsecondary education opportunities; and ``(ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; ``(E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; ``(F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; ``(G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and ``(H) increase awareness of and access to other federally funded disability programs or increase knowledge of assistive technology, as determined appropriate by the Secretary. 8. ``(B) Funding limitations.--For each fiscal year, not more than \1/2\ of 1 percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. or other applicable law. 9. EFFECTIVE DATE.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. SHORT TITLE; TABLE OF CONTENTS.</DELETED> <DELETED> ``(a) Short Title.--This Act may be cited as the `Assistive Technology Act of 1998'.</DELETED> <DELETED> ``(b) Table of Contents.--The table of contents of this Act is as follows:</DELETED> <DELETED>``Sec. State grants for protection and advocacy services related to assistive technology. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States.</DELETED> <DELETED> ``(5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living.</DELETED> <DELETED> ``(6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. and the amendments made to the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by the No Child Left Behind Act of 2001 (Public Law 107-110; 115 Stat. DEFINITIONS.</DELETED> <DELETED> ``In this Act:</DELETED> <DELETED> ``(1) Adult service program.--The term `adult service program' means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes--</DELETED> <DELETED> ``(A) a program providing residential, supportive, or employment services, or employment- related services, to individuals with disabilities;</DELETED> <DELETED> ``(B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq. ); .</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10801 et seq. ), 3102)), individuals with limited English proficiency, older individuals, or individuals from rural areas.</DELETED> <DELETED> ``(18) Universal design.--The term `universal design' means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies.</DELETED> <DELETED>``SEC. or the Statewide Independent Living Council established under section 705 of such Act (29 U.S.C. 796d);</DELETED> <DELETED> ``(IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111);</DELETED> <DELETED> ``(V) a representative of 1 or more of the following:</DELETED> <DELETED> ``(aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); </DELETED> <DELETED> ``(bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15024);</DELETED> <DELETED> ``(cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or an organization that receives assistant under such Act (42 U.S.C. 3001 et seq. ); </DELETED> <DELETED> ``(ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. regarding accessibility for individuals with disabilities;</DELETED> <DELETED> ``(F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property;</DELETED> <DELETED> ``(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).</DELETED> <DELETED> ``(D) Device demonstrations.--</DELETED> <DELETED> ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. </DELETED> <DELETED> ``(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ); </DELETED> <DELETED> ``(iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or other applicable law.</DELETED> <DELETED> ``(f) Effect on Other Assistance.--This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.</DELETED> <DELETED>``SEC. ''.</DELETED> <DELETED>SEC. ``(b) Table of Contents.--The table of contents of this Act is as follows: ``Sec. Grants for protection and advocacy services related to assistive technology. ``In this Act: ``(1) Adult service program.--The term `adult service program' means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. ``(C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and ``(D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). ``(3) Assistive technology.--The term `assistive technology' means technology designed to be utilized in an assistive technology device or assistive technology service. ``(4) Assistive technology device.--The term `assistive technology device' means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. ``(6) Capacity building and advocacy activities.--The term `capacity building and advocacy activities' means efforts that-- ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. ``(9) Disability.--The term `disability' has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and ``(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. ``(13) Secretary.--The term `Secretary' means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. ``(14) State.-- ``(A) In general.--Except as provided in subparagraph (B), the term `State' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(17) Underrepresented population.--The term `underrepresented population' means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, racial and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care, individuals with limited English proficiency, older individuals, or individuals living in rural areas. ``(18) Universal design.--The term `universal design' means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed-- ``(1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and ``(2) to increase access to assistive technology. ``(2) Calculation of state grants.-- ``(A) Base year.--Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act) for fiscal year 2021. ``(ii) Additional funds.--If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A). ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(c) Lead Agency, Implementing Entity, and Advisory Council.-- ``(1) Lead agency and implementing entity.-- ``(A) Lead agency.-- ``(i) In general.--The Governor of a State shall designate a public agency as a lead agency-- ``(I) to control and administer the funds made available through the grant awarded to the State under this section; and ``(II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. ``(C) Change in agency or entity.-- ``(i) In general.--On obtaining the approval of the Secretary-- ``(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and ``(II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. ``(2) Advisory council.-- ``(A) In general.--There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). or the Statewide Independent Living Council established under section 705 of such Act (29 U.S.C. 796d); ``(IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111); ``(V) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. ``(bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15024). ``(ff) The State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043). ``(gg) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025). ``(ii) Majority.-- ``(I) In general.--Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities. ``(d) Application.-- ``(1) In general.--Any State that desires to receive 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. ``(ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ); ``(iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; ``(iv) accessible information and communication technology training; and ``(v) community living; ``(D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and ``(E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. regarding accessibility for individuals with disabilities; ``(F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; ``(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and ``(H) the State will-- ``(i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and ``(ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. ``(e) Use of Funds.-- ``(1) Required activities.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall-- ``(i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and ``(ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). ``(B) Device reutilization programs.--The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. ``(C) Device loan programs.--The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. ), ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(iii) Transition assistance to individuals with disabilities.--The State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist-- ``(I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. ), that receive transition services; and ``(II) adults who are individuals with disabilities maintaining or transitioning to community living. State vocational rehabilitation programs, public and private employers, or elementary and secondary public schools; ``(II) the development and dissemination to targeted individuals, including older individuals and transition-age youth with disabilities, and entities, of information about State efforts related to assistive technology; and ``(III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. ``(II) Content.--The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. ``(C) Coordination and collaboration.--The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. ``(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ); ``(6) State flexibility.-- ``(A) In general.--Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). ``(B) Special rule.--Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)-- ``(i) shall carry out each of the required activities described in paragraph (3); and ``(ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. ``(f) Annual Progress Reports.-- ``(1) Data collection.--Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE TECHNOLOGY. ``(a) Grants.-- ``(1) In general.--The Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(4) Payment to the system serving the american indian consortium.-- ``(A) In general.--The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. ``(c) Direct Payment.--Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. ``(d) Carryover; Program Income.-- ``(1) Carryover.--Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. ``(2) Program income.--Program income generated from any amount paid to an eligible system for a fiscal year shall-- ``(A) remain available to the eligible system until expended and be considered an addition to the grant; and ``(B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. ``(f) Reports and Updates to State Agencies.--An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. ``(a) Definitions.--In this section: ``(1) Qualified data collection and reporting entity.--The term `qualified data collection and reporting entity' means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to-- ``(A) provide recipients of grants under this Act with training and technical assistance; and ``(B) assist such recipients with data collection and data requirements. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. PROJECTS OF NATIONAL SIGNIFICANCE. ``(b) Projects Authorized.--If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. ``(c) Application.--A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Award Basis.-- ``(1) Priority.--In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. ``(e) Minimum Funding Level Required.--The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. ``(3) Administration.-- ``(A) In general.--In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will address-- ``(i) the needs of individuals with all types of disabilities and across the lifespan; and ``(ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. ``(b) Review of Participating Entities.-- ``(1) In general.--The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. ``(c) Corrective Action and Sanctions.-- ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ``(B) Ineligibility to participate in the grant program in the following year. ``(4) Secretarial action.--As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. ``(2) Contents.--Such report shall include-- ``(A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and ``(B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). ``(e) Construction.--Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.) ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5. ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b).''. This Act, and the amendments made by this Act, shall take effect on the day that is 6 months after the date of enactment of this Act.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. SHORT TITLE; TABLE OF CONTENTS.</DELETED> <DELETED> ``(a) Short Title.--This Act may be cited as the `Assistive Technology Act of 1998'.</DELETED> <DELETED> ``(b) Table of Contents.--The table of contents of this Act is as follows:</DELETED> <DELETED>``Sec. State grants for protection and advocacy services related to assistive technology. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States.</DELETED> <DELETED> ``(5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. and the amendments made to the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by the No Child Left Behind Act of 2001 (Public Law 107-110; 115 Stat. DEFINITIONS.</DELETED> <DELETED> ``In this Act:</DELETED> <DELETED> ``(1) Adult service program.--The term `adult service program' means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes--</DELETED> <DELETED> ``(A) a program providing residential, supportive, or employment services, or employment- related services, to individuals with disabilities;</DELETED> <DELETED> ``(B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq. ); .</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10801 et seq. ), or the Statewide Independent Living Council established under section 705 of such Act (29 U.S.C. 796d);</DELETED> <DELETED> ``(IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111);</DELETED> <DELETED> ``(V) a representative of 1 or more of the following:</DELETED> <DELETED> ``(aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); </DELETED> <DELETED> ``(bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15024);</DELETED> <DELETED> ``(cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or an organization that receives assistant under such Act (42 U.S.C. 3001 et seq. ); </DELETED> <DELETED> ``(ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. regarding accessibility for individuals with disabilities;</DELETED> <DELETED> ``(F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property;</DELETED> <DELETED> ``(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).</DELETED> <DELETED> ``(D) Device demonstrations.--</DELETED> <DELETED> ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. </DELETED> <DELETED> ``(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ); </DELETED> <DELETED> ``(iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or other applicable law.</DELETED> <DELETED> ``(f) Effect on Other Assistance.--This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.</DELETED> <DELETED>``SEC. .</DELETED> <DELETED>SEC. This Act may be cited as the ``21st Century Assistive Technology Act''. ``(a) Short Title.--This Act may be cited as the `Assistive Technology Act of 1998'. Technical assistance and data collection support. ``In this Act: ``(1) Adult service program.--The term `adult service program' means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes-- ``(A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; ``(B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq. ); ``(5) Assistive technology service.--The term `assistive technology service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. ``(6) Capacity building and advocacy activities.--The term `capacity building and advocacy activities' means efforts that-- ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. ``(9) Disability.--The term `disability' has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(10) Individual with a disability.--The term `individual with a disability' means any individual of any age, race, or ethnicity-- ``(A) who has a disability; and ``(B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and ``(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. ``(16) Targeted individuals and entities.--The term `targeted individuals and entities' means-- ``(A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; ``(B) underrepresented populations, including the aging workforce; ``(C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq. ), ``(18) Universal design.--The term `universal design' means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed-- ``(1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and ``(2) to increase access to assistive technology. ``(b) Amount of Financial Assistance.-- ``(1) In general.--From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). ``(3) Availability of funds.--Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year. ``(c) Lead Agency, Implementing Entity, and Advisory Council.-- ``(1) Lead agency and implementing entity.-- ``(A) Lead agency.-- ``(i) In general.--The Governor of a State shall designate a public agency as a lead agency-- ``(I) to control and administer the funds made available through the grant awarded to the State under this section; and ``(II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. ``(C) Change in agency or entity.-- ``(i) In general.--On obtaining the approval of the Secretary-- ``(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and ``(II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. ``(2) Advisory council.-- ``(A) In general.--There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). ``(bb) The designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15024). ``(cc) The State agency designated under section 305(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)) or an organization that receives assistance under such Act (42 U.S.C. 3001 et seq.). ``(dd) An organization representing disabled veterans. ``(II) Representatives of agencies.--Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). ``(ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ); ``(iii) access to tele-assistive technology to aid in the access of health care services, including mental health and substance use disorder; ``(iv) accessible information and communication technology training; and ``(v) community living; ``(D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved in a manner consistent with the data submitted through the progress reports under subsection (f); and ``(E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. ``(e) Use of Funds.-- ``(1) Required activities.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall-- ``(i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and ``(ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). ``(B) Device reutilization programs.--The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(ii) Comprehensive information.--The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. ``(iii) Transition assistance to individuals with disabilities.--The State shall (directly or through the provision of support to public or private entities) develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist-- ``(I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. ), ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. ``(C) Coordination and collaboration.--The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. ``(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ); ``(B) Special rule.--Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)-- ``(i) shall carry out each of the required activities described in paragraph (3); and ``(ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. ``(f) Annual Progress Reports.-- ``(1) Data collection.--Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE TECHNOLOGY. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(c) Direct Payment.--Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. ``(d) Carryover; Program Income.-- ``(1) Carryover.--Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. ``(f) Reports and Updates to State Agencies.--An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. ``(g) Coordination.--On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. ``(a) Definitions.--In this section: ``(1) Qualified data collection and reporting entity.--The term `qualified data collection and reporting entity' means an entity with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to-- ``(A) provide recipients of grants under this Act with training and technical assistance; and ``(B) assist such recipients with data collection and data requirements. ``(2) Qualified protection and advocacy system technical assistance provider.--The term `qualified protection and advocacy system technical assistance provider' means an entity that has experience in-- ``(A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043); and ``(B) providing technical assistance to protection and advocacy agencies. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. PROJECTS OF NATIONAL SIGNIFICANCE. ``(b) Projects Authorized.--If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. ``(c) Application.--A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Award Basis.-- ``(1) Priority.--In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. ``(b) Review of Participating Entities.-- ``(1) In general.--The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. ``(2) Provision of information.--To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). ``(5) Public notification.--The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). ``(d) Annual Report to Congress.-- ``(1) In general.--Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this Act to improve the access of assistive technology devices and assistive technology services to individuals with disabilities. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5. This Act, and the amendments made by this Act, shall take effect on the day that is 6 months after the date of enactment of this Act.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. .</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq. ), ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed-- ``(1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and ``(2) to increase access to assistive technology. ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. .</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq. ), ), ``(6) Capacity building and advocacy activities.--The term `capacity building and advocacy activities' means efforts that-- ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. ``(B) Implementing entity.--The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the `implementing entity'), if such implementing entity is different from the lead agency. ``(C) Change in agency or entity.-- ``(i) In general.--On obtaining the approval of the Secretary-- ``(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and ``(II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. ``(e) Use of Funds.-- ``(1) Required activities.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall-- ``(i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and ``(ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). ``(B) Device reutilization programs.--The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. ), ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(c) Direct Payment.--Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. ``(c) Corrective Action and Sanctions.-- ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5. ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). ''.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. .</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq. ), ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed-- ``(1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and ``(2) to increase access to assistive technology. ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. ``(6) Capacity building and advocacy activities.--The term `capacity building and advocacy activities' means efforts that-- ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. ``(C) Change in agency or entity.-- ``(i) In general.--On obtaining the approval of the Secretary-- ``(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the agency designated as the lead agency should not serve as that agency; and ``(II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. ``(B) Device reutilization programs.--The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. ), ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(c) Corrective Action and Sanctions.-- ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5. ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). ''.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. .</DELETED> <DELETED> ``(12) Protection and advocacy services.--The term `protection and advocacy services' means services that-- </DELETED> <DELETED> ``(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq. ), ``(a) Grants to States.--The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed-- ``(1) to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and ``(2) to increase access to assistive technology. ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(ii) Statewide information and referral system.-- ``(I) In general.--The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. ``(6) Capacity building and advocacy activities.--The term `capacity building and advocacy activities' means efforts that-- ``(A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and ``(B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. ), ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(c) Corrective Action and Sanctions.-- ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5. ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). ''.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. ``(D) Device demonstrations.-- ``(i) In general.--The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. ``(b) Reservations and Distribution of Funds.--Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall-- ``(1) reserve an amount equal to 3 percent of such available funds to carry out section 6(b)(1) and section 6(b)(2); and ``(2) of the amounts remaining after the reservation under paragraph (1)-- ``(A) use 85.5 percent of such amounts to carry out section 4; and ``(B) use 14.5 percent of such amounts to carry out section 5.

To reauthorize the Assistive Technology Act of 1998, and for other purposes. ``(3) Minimums.--Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall-- ``(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and ``(B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. ``(c) Corrective Action and Sanctions.-- ``(1) Corrective action.--If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ``(c) Limit for Projects of National Significance.--In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). ''.

11,228

8,983

H.R.88

Crime and Law Enforcement

Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021 This bill directs certain amounts from the Department of Justice (DOJ) Assets Forfeiture Fund to the deployment of additional border security measures. Specifically, DOJ must report annually on the amount of total deposits into the fund that are derived from Mexican cartels. The bill makes available 50% of that amount for the construction of additional physical barriers and roads near the border to deter illegal crossings into the United States. Additionally, the bill prohibits the release of seized currency or contraband that likely belongs to or supports a foreign illegal trafficking organization while a civil forfeiture action is pending.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021''. SEC. 2. RESERVATION OF PORTION OF FORFEITS IN THE DEPARTMENT OF JUSTICE CIVIL ASSET FORFEITURE FUND FOR BUILDING A PHYSICAL BARRIER OR ADVANCED TECHNOLOGY TO PREVENT ILLEGAL ENTRY OVER OUR SOUTHERN BORDER. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(B) The Attorney General shall conduct an ongoing study with a view to deriving more funds than have historically been the case for the Fund from Mexican cartels. The Attorney General shall report from time to time to Congress any suggestions found through the study. The first such report shall be transmitted not later than 180 days after the date of the enactment of this paragraph. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. SEC. 3. LIMITATION ON RELEASE OF PROPERTY. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''. <all>

Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security.

Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021

Rep. Duncan, Jeff

R

SC

This bill directs certain amounts from the Department of Justice (DOJ) Assets Forfeiture Fund to the deployment of additional border security measures. Specifically, DOJ must report annually on the amount of total deposits into the fund that are derived from Mexican cartels. The bill makes available 50% of that amount for the construction of additional physical barriers and roads near the border to deter illegal crossings into the United States. Additionally, the bill prohibits the release of seized currency or contraband that likely belongs to or supports a foreign illegal trafficking organization while a civil forfeiture action is pending.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build up Illegal Line Defenses with Assets Lawfully Lifted Act of 2021''. SEC. 2. RESERVATION OF PORTION OF FORFEITS IN THE DEPARTMENT OF JUSTICE CIVIL ASSET FORFEITURE FUND FOR BUILDING A PHYSICAL BARRIER OR ADVANCED TECHNOLOGY TO PREVENT ILLEGAL ENTRY OVER OUR SOUTHERN BORDER. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(B) The Attorney General shall conduct an ongoing study with a view to deriving more funds than have historically been the case for the Fund from Mexican cartels. The Attorney General shall report from time to time to Congress any suggestions found through the study. The first such report shall be transmitted not later than 180 days after the date of the enactment of this paragraph. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. SEC. 3. LIMITATION ON RELEASE OF PROPERTY. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''. <all>

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(B) The Attorney General shall conduct an ongoing study with a view to deriving more funds than have historically been the case for the Fund from Mexican cartels.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(B) The Attorney General shall conduct an ongoing study with a view to deriving more funds than have historically been the case for the Fund from Mexican cartels.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(B) The Attorney General shall conduct an ongoing study with a view to deriving more funds than have historically been the case for the Fund from Mexican cartels.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(B) The Attorney General shall conduct an ongoing study with a view to deriving more funds than have historically been the case for the Fund from Mexican cartels.

To amend section 524(c) of title 18, United States Code, to use lawfully forfeited drug seizures to increase border security. Section 524(c) of title 28, United States Code, is amended-- (1) in paragraph (1), by inserting ``, except as provided in paragraph (12),'' before ``be available to the Attorney General''; and (2) by adding at the end the following: ``(12)(A) Not later than on December 1 of each year, the Attorney General shall report to Congress the total of any funds in the Fund as of October 1 which are derived from Mexican cartels. ``(C) An amount equal to 50 percent of the total reported under subsection (a) shall be made available without fiscal year limitation to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.''. Section 983(f)(8) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following: ``(E) is currency or contraband likely to belong to or used in support of a foreign, illegal trafficking organization.''.

11,229

9,255

H.R.981

Science, Technology, Communications

IoT Readiness Act of 2021 This bill requires the Federal Communications Commission to ascertain the amount of spectrum necessary to meet rising demand by studying the growing usage of Internet of Things devices (i.e., devices that use a network to communicate and share data with other devices) and devices that utilize 5G networks.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IoT Readiness Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. SEC. 3. TRACKING OF GROWTH OF INTERNET OF THINGS AND 5G DEVICES BY FCC. (a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (2) Internet of things device.--The term ``Internet of Things device''means a device that uses a network to communicate and share data with other devices. <all>

IoT Readiness Act of 2021

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes.

IoT Readiness Act of 2021

Rep. DelBene, Suzan K.

D

WA

This bill requires the Federal Communications Commission to ascertain the amount of spectrum necessary to meet rising demand by studying the growing usage of Internet of Things devices (i.e., devices that use a network to communicate and share data with other devices) and devices that utilize 5G networks.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IoT Readiness Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. SEC. 3. TRACKING OF GROWTH OF INTERNET OF THINGS AND 5G DEVICES BY FCC. (a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (2) Internet of things device.--The term ``Internet of Things device''means a device that uses a network to communicate and share data with other devices. <all>

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IoT Readiness Act of 2021''. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. 3. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (2) Internet of things device.--The term ``Internet of Things device''means a device that uses a network to communicate and share data with other devices.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IoT Readiness Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. SEC. 3. TRACKING OF GROWTH OF INTERNET OF THINGS AND 5G DEVICES BY FCC. (a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (2) Internet of things device.--The term ``Internet of Things device''means a device that uses a network to communicate and share data with other devices. <all>

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. ( Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. ( Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. ( Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth.

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. a) Collection and Maintenance of Data.--The Commission shall collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use. ( Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information. (

To direct the Federal Communications Commission to collect and maintain data on the growth in the use of Internet of Things devices and devices that use 5G mobile networks in order to determine the amount of electromagnetic spectrum required to meet the demand created by such use, and for other purposes. It is the sense of Congress that-- (1) Internet of Things device usage is a critical component of the United States economy; (2) Internet of Things device usage will continue to grow exponentially, and United States infrastructure needs to be prepared for that growth; (3) in order for the Federal Government to properly address spectrum requirements, Congress needs to understand the full scope of future spectrum demand; and (4) the United States should further prepare its infrastructure with comprehensive spectrum planning. (b) Biennial Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report on the data collected and maintained under subsection (a). Such report shall contain-- (1) a determination by the Commission of the amount of electromagnetic spectrum required to meet the demand created by Internet of Things devices and devices that use 5G mobile networks and whether sufficient spectrum is available as of the date of such report to meet such demand; and (2) a determination by the Commission of-- (A) whether any growth is anticipated in the use of Internet of Things devices or devices that use 5G mobile networks; and (B) if such growth is anticipated, the amount of spectrum needed to meet the future demand created by such growth.

11,230

6,933

H.R.1005

Crime and Law Enforcement

NICS Review Act of 2021 This bill revises the amount of time that the national instant criminal background check system retains certain information about an approved firearm transaction. Currently, identifying information about an approved firearm purchaser must be destroyed within 24 hours. This bill requires identifying information about an approved firearm purchaser to be retained for at least 90 days before it can be destroyed.

To require records of the national instant criminal background check system to be retained for at least 90 days. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``NICS Review Act of 2021''. SEC. 2. REQUIREMENT THAT NICS RECORDS BE RETAINED FOR AT LEAST 90 DAYS. Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112-55; 125 Stat. 632) is amended by striking ``no more than 24 hours'' and inserting ``no fewer than 90 days''. <all>

NICS Review Act of 2021

To require records of the national instant criminal background check system to be retained for at least 90 days.

NICS Review Act of 2021

Rep. Maloney, Carolyn B.

D

NY

This bill revises the amount of time that the national instant criminal background check system retains certain information about an approved firearm transaction. Currently, identifying information about an approved firearm purchaser must be destroyed within 24 hours. This bill requires identifying information about an approved firearm purchaser to be retained for at least 90 days before it can be destroyed.

To require records of the national instant criminal background check system to be retained for at least 90 days. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``NICS Review Act of 2021''. SEC. 2. REQUIREMENT THAT NICS RECORDS BE RETAINED FOR AT LEAST 90 DAYS. Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112-55; 125 Stat. 632) is amended by striking ``no more than 24 hours'' and inserting ``no fewer than 90 days''. <all>

To require records of the national instant criminal background check system to be retained for at least 90 days. This Act may be cited as the ``NICS Review Act of 2021''.

11,231

3,793

S.2713

Foreign Trade and International Finance

Market Economy Sourcing Act This bill limits the content from nonmarket economy countries that may be included in free trade agreement qualifying goods. A nonmarket economy country is a foreign country that does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair price of the merchandise. The bill requires that, during the five-year period following entry into force of a free trade agreement, no more than 20% of a qualifying good may originate in a nonmarket economy country, and no more than 10% thereafter.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Economy Sourcing Act''. SEC. 2. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. Section 106(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(b)) is amended by adding at the end the following: ``(7) Limitations on procedures relating to origination of content of goods from nonmarket economy countries.-- ``(A) In general.--The trade authorities procedures shall not apply to an implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 103(b) unless the rules of origin requirements under such agreement or agreements-- ``(i) with respect to rules of origin based on value content of a good, require that, of the content of a good qualifying for preferential treatment under the agreement or agreements that does not originate (as specified in those rules) in a country that is party to the agreement or agreements-- ``(I) during the 5-year period following the entry into force of the agreement or agreements, not more than 20 percent of that content may originate in a nonmarket economy country; and ``(II) after the period specified in subclause (I), not more than 10 percent of that content may originate in a nonmarket economy country; and ``(ii) with respect to rules of origin that are not based on value content of a good, are consistent with the requirements under clause (i) based on processing requirements or tariff shifts as opposed to value content. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''. <all>

Market Economy Sourcing Act

A bill to amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries.

Market Economy Sourcing Act

Sen. Casey, Robert P., Jr.

D

PA

This bill limits the content from nonmarket economy countries that may be included in free trade agreement qualifying goods. A nonmarket economy country is a foreign country that does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair price of the merchandise. The bill requires that, during the five-year period following entry into force of a free trade agreement, no more than 20% of a qualifying good may originate in a nonmarket economy country, and no more than 10% thereafter.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Economy Sourcing Act''. SEC. 2. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. Section 106(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(b)) is amended by adding at the end the following: ``(7) Limitations on procedures relating to origination of content of goods from nonmarket economy countries.-- ``(A) In general.--The trade authorities procedures shall not apply to an implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 103(b) unless the rules of origin requirements under such agreement or agreements-- ``(i) with respect to rules of origin based on value content of a good, require that, of the content of a good qualifying for preferential treatment under the agreement or agreements that does not originate (as specified in those rules) in a country that is party to the agreement or agreements-- ``(I) during the 5-year period following the entry into force of the agreement or agreements, not more than 20 percent of that content may originate in a nonmarket economy country; and ``(II) after the period specified in subclause (I), not more than 10 percent of that content may originate in a nonmarket economy country; and ``(ii) with respect to rules of origin that are not based on value content of a good, are consistent with the requirements under clause (i) based on processing requirements or tariff shifts as opposed to value content. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''. <all>

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries. LIMITATION ON TRADE AUTHORITIES PROCEDURES RELATING TO REQUIREMENTS ON CONTENT OF GOODS FROM NONMARKET ECONOMY COUNTRIES. ``(B) Nonmarket economy country defined.--In this paragraph, the term `nonmarket economy country' has the meaning given that term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).''.

11,232

9,502

H.R.6973

Health

Enhanced Access to Affordable Medicines Act of 2022 This bill specifies that the Food and Drug Administration may approve generic drugs with different labels than the brand-name versions if, among other requirements, the brand-name drug is subject to an active patent or exclusivity period and a revised label for the brand-name drug is approved within 90 days (rather than 60 days) of the expiration of the patent or exclusivity period.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Access to Affordable Medicines Act of 2022''. SEC. 2. CLARIFYING THE CONDITIONS OF GENERIC DRUG APPLICATION APPROVAL FOR LAST-MINUTE BRAND NAME DRUG LABELING CHANGES. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(10)(A)) is amended by striking clauses (i) through (iv) and inserting the following: ``(i) the application is otherwise eligible for approval under this subsection except that-- ``(I)(aa) the listed drug has an active patent, the listed drug has an active exclusivity period, or there is a delay in approval as described in paragraph (5)(B)(iii); and ``(bb) a revision to the labeling of the listed drug has been approved by the Secretary within 90 days of expiration of a patent, exclusivity period, or delay in approval referenced in item (aa); or ``(II) a revision to the labeling of the listed drug has been approved by the Secretary, within 90 days of when the application is otherwise eligible for approval under this subsection; ``(ii) the sponsor of the application agrees to submit revised labeling for the drug that is the subject of the application not later than 60 days after approval under this subsection of the application; and ``(iii) the labeling revision described under clause (i) does not include a change to the `Warnings' section of the labeling.''. <all>

Enhanced Access to Affordable Medicines Act of 2022

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes.

Enhanced Access to Affordable Medicines Act of 2022

Rep. Carter, Earl L. "Buddy"

R

GA

This bill specifies that the Food and Drug Administration may approve generic drugs with different labels than the brand-name versions if, among other requirements, the brand-name drug is subject to an active patent or exclusivity period and a revised label for the brand-name drug is approved within 90 days (rather than 60 days) of the expiration of the patent or exclusivity period.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Access to Affordable Medicines Act of 2022''. SEC. 2. CLARIFYING THE CONDITIONS OF GENERIC DRUG APPLICATION APPROVAL FOR LAST-MINUTE BRAND NAME DRUG LABELING CHANGES. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(10)(A)) is amended by striking clauses (i) through (iv) and inserting the following: ``(i) the application is otherwise eligible for approval under this subsection except that-- ``(I)(aa) the listed drug has an active patent, the listed drug has an active exclusivity period, or there is a delay in approval as described in paragraph (5)(B)(iii); and ``(bb) a revision to the labeling of the listed drug has been approved by the Secretary within 90 days of expiration of a patent, exclusivity period, or delay in approval referenced in item (aa); or ``(II) a revision to the labeling of the listed drug has been approved by the Secretary, within 90 days of when the application is otherwise eligible for approval under this subsection; ``(ii) the sponsor of the application agrees to submit revised labeling for the drug that is the subject of the application not later than 60 days after approval under this subsection of the application; and ``(iii) the labeling revision described under clause (i) does not include a change to the `Warnings' section of the labeling.''. <all>

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. This Act may be cited as the ``Enhanced Access to Affordable Medicines Act of 2022''.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. This Act may be cited as the ``Enhanced Access to Affordable Medicines Act of 2022''.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. This Act may be cited as the ``Enhanced Access to Affordable Medicines Act of 2022''.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. This Act may be cited as the ``Enhanced Access to Affordable Medicines Act of 2022''.

To amend the Federal Food, Drug, and Cosmetic Act to clarify the conditions under which the Secretary of Health and Human Services can approve generic drug applications with labeling temporarily different than the brand name drug, and for other purposes. Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

11,233

5,956

H.R.9212

Crime and Law Enforcement

Domestic Terrorist Murder Act (DTMA) of 2022 This bill requires life imprisonment without parole or death for domestic terrorist murder. Domestic terrorist murder is murder committed by an individual (1) who is a member of a criminal street gang; or (2) who is or has been associated with an organization or group that has caused more than $500,000 in damages by virtue of protests, riots, or other destructive actions.

To amend title 18, United States Code, with respect to murder perpetrated by a domestic terrorist, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Terrorist Murder Act (DTMA) of 2022''. SEC. 2. MURDER PERPETRATED BY A DOMESTIC TERRORIST. (a) In General.--Chapter 51 of title 18, United States Code, is amended by inserting after section 1111 the following: ``SEC. 1111A. DOMESTIC TERRORIST MURDER. ``(a) In General.--Whoever is a member of a criminal street gang (as defined by section 521) or a covered individual and is guilty of murder under section 1111 shall be guilty of domestic terrorist murder and shall be sentenced to death or a term of imprisonment for life without parole and may not be sentenced to a term of imprisonment less than 20 years. ``(b) Covered Individual Defined.--In this section, the term `covered individual' means an individual who is or has been associated with an organization or group that has caused more than $500,000 in damages by virtue of protests, riots, or other destructive actions.''. (b) Table of Contents.--The table of sections for chapter 51 of title 18, United States Code, is amended by inserting after the matter involving section 1111 the following: ``1111A. Domestic terrorist murder.''. <all>

Domestic Terrorist Murder Act (DTMA) of 2022

To amend title 18, United States Code, with respect to murder perpetrated by a domestic terrorist, and for other purposes.

Domestic Terrorist Murder Act (DTMA) of 2022

Rep. Gohmert, Louie

R

TX

This bill requires life imprisonment without parole or death for domestic terrorist murder. Domestic terrorist murder is murder committed by an individual (1) who is a member of a criminal street gang; or (2) who is or has been associated with an organization or group that has caused more than $500,000 in damages by virtue of protests, riots, or other destructive actions.

To amend title 18, United States Code, with respect to murder perpetrated by a domestic terrorist, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Terrorist Murder Act (DTMA) of 2022''. SEC. 2. MURDER PERPETRATED BY A DOMESTIC TERRORIST. (a) In General.--Chapter 51 of title 18, United States Code, is amended by inserting after section 1111 the following: ``SEC. 1111A. DOMESTIC TERRORIST MURDER. ``(a) In General.--Whoever is a member of a criminal street gang (as defined by section 521) or a covered individual and is guilty of murder under section 1111 shall be guilty of domestic terrorist murder and shall be sentenced to death or a term of imprisonment for life without parole and may not be sentenced to a term of imprisonment less than 20 years. ``(b) Covered Individual Defined.--In this section, the term `covered individual' means an individual who is or has been associated with an organization or group that has caused more than $500,000 in damages by virtue of protests, riots, or other destructive actions.''. (b) Table of Contents.--The table of sections for chapter 51 of title 18, United States Code, is amended by inserting after the matter involving section 1111 the following: ``1111A. Domestic terrorist murder.''. <all>

To amend title 18, United States Code, with respect to murder perpetrated by a domestic terrorist, and for other purposes. ``(b) Covered Individual Defined.--In this section, the term `covered individual' means an individual who is or has been associated with an organization or group that has caused more than $500,000 in damages by virtue of protests, riots, or other destructive actions.''. (

11,234

2,540

S.333

Health

COVID-19 Nursing Home Protection Act of 2021 This bill provides funds and establishes requirements for Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (NFs) to address COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill provides FY2021 funding for COVID-19 strike teams that can be deployed to these facilities to help with vaccinations, clinical care, infection control, or staffing. The amounts provided by the bill are designated as an emergency requirement pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO) and the Senate PAYGO rule. (This excludes the budget effects from being counted for the purposes of enforcing the PAYGO rules.) In addition, the bill requires the Centers for Medicare & Medicaid Services (CMS) to ensure that, during the public health emergency relating to COVID-19, at least one of its contracts with Medicare quality improvement organizations requires that the organization assist SNFs with COVID-19 infection control (e.g., training materials). Finally, the bill provides statutory authority for the requirement that SNFs and NFs report data regarding COVID-19 preparedness, testing, infections, and deaths. Additionally, the CMS must publish on the Nursing Home Compare website certain demographic information, aggregated by state, with respect to COVID-19 infections and deaths in such facilities.

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing 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 ``COVID-19 Nursing Home Protection Act of 2021''. SEC. 2. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``SEC. 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. (b) Emergency Designation.-- (1) In general.--The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. SEC. 3. PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. (a) In General.--Section 1862(g) of the Social Security Act (42 U.S.C. 1395y(g)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall ensure that at least 1 contract with a quality improvement organization described in paragraph (1) entered into on or after the date of the enactment of this paragraph and before the end of the emergency period described in section 1135(g)(1)(B) (or in effect as of such date) includes the requirement that such organization provide to skilled nursing facilities with cases of COVID-19 (or facilities attempting to prevent outbreaks of COVID-19) infection control support described in subparagraph (B) during such period. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. (b) Funding.--The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund (as described in section 1841 of the Social Security Act (42 U.S.C. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. 1395i)), in such proportions as determined appropriate by the Secretary, to the Centers for Medicare & Medicaid Services Program Management Account, of $210,000,000, to remain available until expended, for purposes of entering into contracts with quality improvement organizations under part B of title XI of such Act (42 U.S.C. 1320c et seq.). Of the amount transferred pursuant to the previous sentence, not less than $110,000,000 shall be used for purposes of entering into such a contract that includes the requirement described in section 1862(g)(2)(A) of such Act (as added by subsection (a)). SEC. 4. REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, as soon as practicable, require that the information described in paragraph (1) of section 483.80(g) of title 42, Code of Federal Regulations, or a successor regulation, be reported by a facility (as defined for purposes of such section). (b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. (2) The age, race/ethnicity, and preferred language relating to total deaths and COVID-19 deaths among residents of such skilled nursing facilities and nursing facilities. (c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (d) Implementation.--The Secretary may implement the provisions of this section by program instruction or otherwise. <all>

COVID–19 Nursing Home Protection Act of 2021

A bill to amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes.

COVID–19 Nursing Home Protection Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

This bill provides funds and establishes requirements for Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (NFs) to address COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill provides FY2021 funding for COVID-19 strike teams that can be deployed to these facilities to help with vaccinations, clinical care, infection control, or staffing. The amounts provided by the bill are designated as an emergency requirement pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO) and the Senate PAYGO rule. (This excludes the budget effects from being counted for the purposes of enforcing the PAYGO rules.) In addition, the bill requires the Centers for Medicare & Medicaid Services (CMS) to ensure that, during the public health emergency relating to COVID-19, at least one of its contracts with Medicare quality improvement organizations requires that the organization assist SNFs with COVID-19 infection control (e.g., training materials). Finally, the bill provides statutory authority for the requirement that SNFs and NFs report data regarding COVID-19 preparedness, testing, infections, and deaths. Additionally, the CMS must publish on the Nursing Home Compare website certain demographic information, aggregated by state, with respect to COVID-19 infections and deaths in such facilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. 933(g)). (2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 1395y(g)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall ensure that at least 1 contract with a quality improvement organization described in paragraph (1) entered into on or after the date of the enactment of this paragraph and before the end of the emergency period described in section 1135(g)(1)(B) (or in effect as of such date) includes the requirement that such organization provide to skilled nursing facilities with cases of COVID-19 (or facilities attempting to prevent outbreaks of COVID-19) infection control support described in subparagraph (B) during such period. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. SEC. 4. REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. (c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (d) Implementation.--The Secretary may implement the provisions of this section by program instruction or otherwise.

SHORT TITLE. 2. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. (2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 1395y(g)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall ensure that at least 1 contract with a quality improvement organization described in paragraph (1) entered into on or after the date of the enactment of this paragraph and before the end of the emergency period described in section 1135(g)(1)(B) (or in effect as of such date) includes the requirement that such organization provide to skilled nursing facilities with cases of COVID-19 (or facilities attempting to prevent outbreaks of COVID-19) infection control support described in subparagraph (B) during such period. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. SEC. 4. REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. (d) Implementation.--The Secretary may implement the provisions of this section by program instruction or otherwise.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. (b) Emergency Designation.-- (1) In general.--The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 1395y(g)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall ensure that at least 1 contract with a quality improvement organization described in paragraph (1) entered into on or after the date of the enactment of this paragraph and before the end of the emergency period described in section 1135(g)(1)(B) (or in effect as of such date) includes the requirement that such organization provide to skilled nursing facilities with cases of COVID-19 (or facilities attempting to prevent outbreaks of COVID-19) infection control support described in subparagraph (B) during such period. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. 1320c et seq.). Of the amount transferred pursuant to the previous sentence, not less than $110,000,000 shall be used for purposes of entering into such a contract that includes the requirement described in section 1862(g)(2)(A) of such Act (as added by subsection (a)). SEC. 4. REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, as soon as practicable, require that the information described in paragraph (1) of section 483.80(g) of title 42, Code of Federal Regulations, or a successor regulation, be reported by a facility (as defined for purposes of such section). 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. (c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (d) Implementation.--The Secretary may implement the provisions of this section by program instruction or otherwise.

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing 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 ``COVID-19 Nursing Home Protection Act of 2021''. SEC. 2. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``SEC. 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. (b) Emergency Designation.-- (1) In general.--The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. SEC. 3. PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. (a) In General.--Section 1862(g) of the Social Security Act (42 U.S.C. 1395y(g)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall ensure that at least 1 contract with a quality improvement organization described in paragraph (1) entered into on or after the date of the enactment of this paragraph and before the end of the emergency period described in section 1135(g)(1)(B) (or in effect as of such date) includes the requirement that such organization provide to skilled nursing facilities with cases of COVID-19 (or facilities attempting to prevent outbreaks of COVID-19) infection control support described in subparagraph (B) during such period. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. (b) Funding.--The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund (as described in section 1841 of the Social Security Act (42 U.S.C. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. 1395i)), in such proportions as determined appropriate by the Secretary, to the Centers for Medicare & Medicaid Services Program Management Account, of $210,000,000, to remain available until expended, for purposes of entering into contracts with quality improvement organizations under part B of title XI of such Act (42 U.S.C. 1320c et seq.). Of the amount transferred pursuant to the previous sentence, not less than $110,000,000 shall be used for purposes of entering into such a contract that includes the requirement described in section 1862(g)(2)(A) of such Act (as added by subsection (a)). SEC. 4. REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, as soon as practicable, require that the information described in paragraph (1) of section 483.80(g) of title 42, Code of Federal Regulations, or a successor regulation, be reported by a facility (as defined for purposes of such section). (b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. (2) The age, race/ethnicity, and preferred language relating to total deaths and COVID-19 deaths among residents of such skilled nursing facilities and nursing facilities. (c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (d) Implementation.--The Secretary may implement the provisions of this section by program instruction or otherwise. <all>

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. ( 2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( b) Funding.--The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund (as described in section 1841 of the Social Security Act (42 U.S.C. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. 1395i)), in such proportions as determined appropriate by the Secretary, to the Centers for Medicare & Medicaid Services Program Management Account, of $210,000,000, to remain available until expended, for purposes of entering into contracts with quality improvement organizations under part B of title XI of such Act (42 U.S.C. 1320c et seq.). b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. ( ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. ( 2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( b) Funding.--The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund (as described in section 1841 of the Social Security Act (42 U.S.C. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. 1395i)), in such proportions as determined appropriate by the Secretary, to the Centers for Medicare & Medicaid Services Program Management Account, of $210,000,000, to remain available until expended, for purposes of entering into contracts with quality improvement organizations under part B of title XI of such Act (42 U.S.C. 1320c et seq.). b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. ( ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(c) Funding.--There are hereby appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any money in the Treasury not otherwise appropriated, $750,000,000 for the fiscal year ending September 30, 2021, to remain available through September 30, 2022, for purposes of carrying out this section.''. ( 2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( b) Funding.--The Secretary of Health and Human Services shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund (as described in section 1841 of the Social Security Act (42 U.S.C. 1395t)) and the Federal Hospital Insurance Trust Fund (as described in section 1817 of such Act (42 U.S.C. 1395i)), in such proportions as determined appropriate by the Secretary, to the Centers for Medicare & Medicaid Services Program Management Account, of $210,000,000, to remain available until expended, for purposes of entering into contracts with quality improvement organizations under part B of title XI of such Act (42 U.S.C. 1320c et seq.). b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. ( ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. 1150C. STATE STRIKE TEAMS FOR RESIDENT AND WORKER SAFETY. ``(a) In General.--From amounts appropriated under subsection (c), the Secretary shall allocate funds among the States for purposes of establishing and implementing strike teams in accordance with subsection (b). PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. ( ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN INFORMATION RELATING TO COVID-19 CASES AND DEATHS. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

To amend title XI and title XVIII of the Social Security Act to provide funding for State strike teams, technical assistance, and infection control for resident and worker safety in skilled nursing facilities and nursing facilities, and for other purposes. ``(b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility (as defined in section 1819(a)) or nursing facility (as defined in section 1919(a)) in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with COVID-19 vaccinations, clinical care, infection control, or staffing. ``(B) For purposes of subparagraph (A), the infection control support described in this subparagraph is, with respect to skilled nursing facilities described in such subparagraph, the development and dissemination to such facilities of protocols relating to the prevention or mitigation of COVID-19 at such facilities and the provision of training materials to such facilities relating to such prevention or mitigation.''. ( b) Demographic Information.--The Secretary shall post the following information with respect to skilled nursing facilities (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i- 3(a))) and nursing facilities (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as described in section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i))), or a successor website, aggregated by State: (1) The age, race/ethnicity, and preferred language of the residents of such skilled nursing facilities and nursing facilities with suspected or confirmed COVID-19 infections, including residents previously treated for COVID-19. ( c) Confidentiality.--Any information reported under this section that is made available to the public shall be made so available in a manner that protects the identity of residents of skilled nursing facilities and nursing facilities. (

11,235

14,391

H.R.3094

Crime and Law Enforcement

Treasury Human Trafficking Coordinator Act This bill directs the Department of the Treasury to designate a Coordinator for Human Trafficking Issues to coordinate, promote, and support Treasury's work related to human trafficking.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1 SHORT TITLE. This Act may be cited as the ``Treasury Human Trafficking Coordinator Act''. SEC. 2. COORDINATOR FOR HUMAN TRAFFICKING ISSUES. (a) In General.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. 316. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(b) Duties.--The Coordinator for Human Trafficking Issues-- ``(1) shall-- ``(A) coordinate activities, policies, and programs of the Department that relate to human trafficking, including activities, policies, and programs intended to-- ``(i) prevent, detect, and respond to human trafficking; ``(ii) help understand the challenges faced by victims and survivors of human trafficking, including any circumstances that may increase the risk of a person becoming a victim or survivor of human trafficking; and ``(iii) support victims and survivors of human trafficking; ``(B) promote, advance, and support the consideration of human trafficking issues in the programs, structures, processes, and capacities of bureaus and offices of the Department, where appropriate; ``(C) regularly consult human trafficking stakeholders; ``(D) serve as the principal advisor to the Secretary with respect to activities and issues relating to human trafficking, including issues relating to victims and survivors of human trafficking; ``(E) advise the Secretary of actions that may be taken to improve information sharing between human trafficking stakeholders and Federal, State, Local, Territory, and Tribal government agencies, including law enforcement agencies, while protecting privacy and, as a result, improve societal responses to issues relating to human trafficking, including issues relating to the victims and survivors of human trafficking; and ``(F) participate in coordination between Federal, State, Local, Territory, and Tribal government agencies on issues relating to human trafficking; and ``(2) may design, support, and implement Department activities relating to human trafficking, including activities designed to prevent, detect, and respond to human trafficking. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (b) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``316. Coordinator for Human Trafficking Issues.''. <all>

Treasury Human Trafficking Coordinator Act

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes.

Treasury Human Trafficking Coordinator Act

Rep. Dean, Madeleine

D

PA

This bill directs the Department of the Treasury to designate a Coordinator for Human Trafficking Issues to coordinate, promote, and support Treasury's work related to human trafficking.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1 SHORT TITLE. SEC. 2. COORDINATOR FOR HUMAN TRAFFICKING ISSUES. (a) In General.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. 316. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(b) Duties.--The Coordinator for Human Trafficking Issues-- ``(1) shall-- ``(A) coordinate activities, policies, and programs of the Department that relate to human trafficking, including activities, policies, and programs intended to-- ``(i) prevent, detect, and respond to human trafficking; ``(ii) help understand the challenges faced by victims and survivors of human trafficking, including any circumstances that may increase the risk of a person becoming a victim or survivor of human trafficking; and ``(iii) support victims and survivors of human trafficking; ``(B) promote, advance, and support the consideration of human trafficking issues in the programs, structures, processes, and capacities of bureaus and offices of the Department, where appropriate; ``(C) regularly consult human trafficking stakeholders; ``(D) serve as the principal advisor to the Secretary with respect to activities and issues relating to human trafficking, including issues relating to victims and survivors of human trafficking; ``(E) advise the Secretary of actions that may be taken to improve information sharing between human trafficking stakeholders and Federal, State, Local, Territory, and Tribal government agencies, including law enforcement agencies, while protecting privacy and, as a result, improve societal responses to issues relating to human trafficking, including issues relating to the victims and survivors of human trafficking; and ``(F) participate in coordination between Federal, State, Local, Territory, and Tribal government agencies on issues relating to human trafficking; and ``(2) may design, support, and implement Department activities relating to human trafficking, including activities designed to prevent, detect, and respond to human trafficking. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. SEC. 2. COORDINATOR FOR HUMAN TRAFFICKING ISSUES. (a) In General.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. 316. ``(b) Duties.--The Coordinator for Human Trafficking Issues-- ``(1) shall-- ``(A) coordinate activities, policies, and programs of the Department that relate to human trafficking, including activities, policies, and programs intended to-- ``(i) prevent, detect, and respond to human trafficking; ``(ii) help understand the challenges faced by victims and survivors of human trafficking, including any circumstances that may increase the risk of a person becoming a victim or survivor of human trafficking; and ``(iii) support victims and survivors of human trafficking; ``(B) promote, advance, and support the consideration of human trafficking issues in the programs, structures, processes, and capacities of bureaus and offices of the Department, where appropriate; ``(C) regularly consult human trafficking stakeholders; ``(D) serve as the principal advisor to the Secretary with respect to activities and issues relating to human trafficking, including issues relating to victims and survivors of human trafficking; ``(E) advise the Secretary of actions that may be taken to improve information sharing between human trafficking stakeholders and Federal, State, Local, Territory, and Tribal government agencies, including law enforcement agencies, while protecting privacy and, as a result, improve societal responses to issues relating to human trafficking, including issues relating to the victims and survivors of human trafficking; and ``(F) participate in coordination between Federal, State, Local, Territory, and Tribal government agencies on issues relating to human trafficking; and ``(2) may design, support, and implement Department activities relating to human trafficking, including activities designed to prevent, detect, and respond to human trafficking. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1 SHORT TITLE. This Act may be cited as the ``Treasury Human Trafficking Coordinator Act''. SEC. 2. COORDINATOR FOR HUMAN TRAFFICKING ISSUES. (a) In General.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. 316. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(b) Duties.--The Coordinator for Human Trafficking Issues-- ``(1) shall-- ``(A) coordinate activities, policies, and programs of the Department that relate to human trafficking, including activities, policies, and programs intended to-- ``(i) prevent, detect, and respond to human trafficking; ``(ii) help understand the challenges faced by victims and survivors of human trafficking, including any circumstances that may increase the risk of a person becoming a victim or survivor of human trafficking; and ``(iii) support victims and survivors of human trafficking; ``(B) promote, advance, and support the consideration of human trafficking issues in the programs, structures, processes, and capacities of bureaus and offices of the Department, where appropriate; ``(C) regularly consult human trafficking stakeholders; ``(D) serve as the principal advisor to the Secretary with respect to activities and issues relating to human trafficking, including issues relating to victims and survivors of human trafficking; ``(E) advise the Secretary of actions that may be taken to improve information sharing between human trafficking stakeholders and Federal, State, Local, Territory, and Tribal government agencies, including law enforcement agencies, while protecting privacy and, as a result, improve societal responses to issues relating to human trafficking, including issues relating to the victims and survivors of human trafficking; and ``(F) participate in coordination between Federal, State, Local, Territory, and Tribal government agencies on issues relating to human trafficking; and ``(2) may design, support, and implement Department activities relating to human trafficking, including activities designed to prevent, detect, and respond to human trafficking. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (b) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``316. Coordinator for Human Trafficking Issues.''. <all>

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (b) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``316. Coordinator for Human Trafficking Issues.''.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (b) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``316. Coordinator for Human Trafficking Issues.''.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (b) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``316. Coordinator for Human Trafficking Issues.''.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (b) Conforming Amendment.--The table of sections in chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``316. Coordinator for Human Trafficking Issues.''.

To amend title 31, United States Code, to require the Secretary of the Treasury to designate a Coordinator for Human Trafficking Issues within the Department of the Treasury, and for other purposes. Coordinator for Human Trafficking Issues ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Treasury shall designate a Coordinator for Human Trafficking Issues within the Department of the Treasury who shall report to the Secretary. ``(c) Human Trafficking Defined.--In this section, the term `human trafficking' means severe forms of trafficking in persons as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(d) Human Trafficking Stakeholder.--The term `human trafficking stakeholder' means-- ``(1) a non-governmental organization; ``(2) a human rights organization; ``(3) an anti-human trafficking organization; ``(4) a group representing a population vulnerable to human trafficking or victims or survivors of human trafficking, and related issues; ``(5) an industry group; ``(6) a financial institution; ``(7) a technology firm; and ``(8) another individual or group that is working to prevent, detect, and respond to human trafficking and to support victims and survivors of human trafficking.''. (

11,236

14,815

H.R.5176

Taxation

Local Food Production Enhancement Act of 2021 This bill increases the credit percentage of the new markets tax credit and allows such credit for farming businesses conducted in certain low-income or rural areas that are a certain distance from a large grocery store.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Food Production Enhancement Act of 2021''. SEC. 2. INCREASE IN CREDIT PERCENTAGE OF NEW MARKETS TAX CREDIT. (a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. ``(B) Certain older investments.--In the case of any qualified equity investment made on or before the date of the enactment of the Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 5 percent with respect to the first 3 credit allowance dates, and ``(ii) 6 percent with respect to the remainder of the credit allowance dates.''. (b) Effective Date.--The amendments made by this section shall apply to investments made after the date of the enactment of this Act. SEC. 3. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. (a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(C) Local distribution plan.--The term `local distribution plan' means, with respect any trade or business, having the following in effect with respect to such trade or business: ``(i) A list of grocery retailers within 5 miles of the principal location of such trade or business (20 miles if such principal location is in a rural area). ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(iii) A documented agreement to provide fresh produce year-round to grocery retailers who agree to such offer. ``(D) Local workforce plan.--The term `local workforce plan' means, with respect to any trade or business, having the following in effect with respect to such trade or business-- ``(i) a documented commitment to hiring locally including-- ``(I) a list of local media such trade or business will use to publicize job openings, ``(II) a list of local job centers, trade schools, and other workforce development organizations, and ``(III) a written plan to carry out agreements with entities listed under subclause (II) to hire locally when feasible, and ``(ii) a list of local youth science, technology, engineering, and math programs supported or operated by the trade or business. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals. ``(G) Rural area.--The term `rural area' has the meaning given such term by section 1393(a)(2).''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. <all>

Local Food Production Enhancement Act of 2021

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes.

Local Food Production Enhancement Act of 2021

Rep. Thompson, Mike

D

CA

This bill increases the credit percentage of the new markets tax credit and allows such credit for farming businesses conducted in certain low-income or rural areas that are a certain distance from a large grocery store.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. INCREASE IN CREDIT PERCENTAGE OF NEW MARKETS TAX CREDIT. ``(B) Certain older investments.--In the case of any qualified equity investment made on or before the date of the enactment of the Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 5 percent with respect to the first 3 credit allowance dates, and ``(ii) 6 percent with respect to the remainder of the credit allowance dates.''. SEC. (a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(iii) A documented agreement to provide fresh produce year-round to grocery retailers who agree to such offer. ``(D) Local workforce plan.--The term `local workforce plan' means, with respect to any trade or business, having the following in effect with respect to such trade or business-- ``(i) a documented commitment to hiring locally including-- ``(I) a list of local media such trade or business will use to publicize job openings, ``(II) a list of local job centers, trade schools, and other workforce development organizations, and ``(III) a written plan to carry out agreements with entities listed under subclause (II) to hire locally when feasible, and ``(ii) a list of local youth science, technology, engineering, and math programs supported or operated by the trade or business. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. INCREASE IN CREDIT PERCENTAGE OF NEW MARKETS TAX CREDIT. ``(B) Certain older investments.--In the case of any qualified equity investment made on or before the date of the enactment of the Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 5 percent with respect to the first 3 credit allowance dates, and ``(ii) 6 percent with respect to the remainder of the credit allowance dates.''. SEC. (a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(iii) A documented agreement to provide fresh produce year-round to grocery retailers who agree to such offer.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Food Production Enhancement Act of 2021''. 2. INCREASE IN CREDIT PERCENTAGE OF NEW MARKETS TAX CREDIT. ``(B) Certain older investments.--In the case of any qualified equity investment made on or before the date of the enactment of the Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 5 percent with respect to the first 3 credit allowance dates, and ``(ii) 6 percent with respect to the remainder of the credit allowance dates.''. SEC. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. (a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(C) Local distribution plan.--The term `local distribution plan' means, with respect any trade or business, having the following in effect with respect to such trade or business: ``(i) A list of grocery retailers within 5 miles of the principal location of such trade or business (20 miles if such principal location is in a rural area). ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(iii) A documented agreement to provide fresh produce year-round to grocery retailers who agree to such offer. ``(D) Local workforce plan.--The term `local workforce plan' means, with respect to any trade or business, having the following in effect with respect to such trade or business-- ``(i) a documented commitment to hiring locally including-- ``(I) a list of local media such trade or business will use to publicize job openings, ``(II) a list of local job centers, trade schools, and other workforce development organizations, and ``(III) a written plan to carry out agreements with entities listed under subclause (II) to hire locally when feasible, and ``(ii) a list of local youth science, technology, engineering, and math programs supported or operated by the trade or business. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals. ``(G) Rural area.--The term `rural area' has the meaning given such term by section 1393(a)(2).''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Food Production Enhancement Act of 2021''. SEC. 2. INCREASE IN CREDIT PERCENTAGE OF NEW MARKETS TAX CREDIT. (a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. ``(B) Certain older investments.--In the case of any qualified equity investment made on or before the date of the enactment of the Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 5 percent with respect to the first 3 credit allowance dates, and ``(ii) 6 percent with respect to the remainder of the credit allowance dates.''. (b) Effective Date.--The amendments made by this section shall apply to investments made after the date of the enactment of this Act. SEC. 3. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. (a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(C) Local distribution plan.--The term `local distribution plan' means, with respect any trade or business, having the following in effect with respect to such trade or business: ``(i) A list of grocery retailers within 5 miles of the principal location of such trade or business (20 miles if such principal location is in a rural area). ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(iii) A documented agreement to provide fresh produce year-round to grocery retailers who agree to such offer. ``(D) Local workforce plan.--The term `local workforce plan' means, with respect to any trade or business, having the following in effect with respect to such trade or business-- ``(i) a documented commitment to hiring locally including-- ``(I) a list of local media such trade or business will use to publicize job openings, ``(II) a list of local job centers, trade schools, and other workforce development organizations, and ``(III) a written plan to carry out agreements with entities listed under subclause (II) to hire locally when feasible, and ``(ii) a list of local youth science, technology, engineering, and math programs supported or operated by the trade or business. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals. ``(G) Rural area.--The term `rural area' has the meaning given such term by section 1393(a)(2).''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. ( b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. ( b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. ( b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. ( b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) a qualified farming business shall not fail to be treated as a qualified business by reason of paragraph (5)(B) thereof.''. (b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(B) Qualified area.-- ``(i) In general.--The term `qualified area' means-- ``(I) any low-income community if at least 500 individuals (or at least 33 percent) of the population of such community lives more than 0.5 miles (10 miles if such community is in a rural area) from a large grocery store, and ``(II) any population census tract adjacent to a low-income community described in subclause (I). ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

To amend the Internal Revenue Code of 1986 to adjust the applicable percentage of the new markets tax credit, the application of such credit to certain agricultural trades or businesses, and for other purposes. a) In General.--Section 45D(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified equity investment made after the date of the enactment of Local Food Production Enhancement Act of 2021, the applicable percentage is-- ``(i) 6 percent with respect to the first 4 credit allowance dates, and ``(ii) 7 percent with respect to the remainder of the credit allowance dates. CERTAIN FARMING OPERATIONS MADE ELIGIBLE FOR INVESTMENT UNDER THE NEW MARKETS TAX CREDIT. ( b) Qualified Farming Business.--Section 45D(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified farming business.--For purposes of this subsection-- ``(A) In general.--The term `qualified farming business' means any trade or business of farming if-- ``(i) all of such farming is conducted in a qualified area or an area adjacent to a qualified area, and ``(ii) such trade or business has in effect a local distribution plan, a surplus stock distribution plan, and a local workforce plan, each of which is certified by the Secretary. ``(ii) Large grocery store.--For purposes of this subparagraph, the term `large grocery store' means any means any single retail grocery store location which includes all of the major food departments and has annual sales of at least $2,000,000. ``(ii) A documented offer to distribute agricultural or horticultural products to at least 80 percent of such grocery retailers. ``(E) Surplus stock distribution plan.--The term `surplus stock distribution plan' means, with respect to any trade or business, having in effect a plan for distributing surplus agricultural or horticultural products to food banks and other nonprofit food providers located in qualified areas. ``(F) Farming.--The term `farming' means raising or harvesting any agricultural or horticultural commodity, not including the raising, shearing, feeding, caring for, or management of animals.

11,237

9,980

H.R.1701

Foreign Trade and International Finance

Building Rural Investments, Development, and Growth for the Economy Act or the BRIDGE Act This bill requires the Department of Commerce and the Department of State to promote the export of goods and services by small- and medium-sized businesses from, and facilitate business investment in, rural areas of the United States. A rural area is an area with a population of less than 50,000 inhabitants that is outside an urbanized area.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Rural Investments, Development, and Growth for the Economy Act'' or the ``BRIDGE Act''. SEC. 2. FINDINGS RELATING TO ATTRACTING BUSINESS INVESTMENT AND EXPORT PROMOTION. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. Increasing exports from and investment in rural areas will expand the United States economy and create United States jobs. (2) Rural areas often have greater challenges in attracting business investment, especially because rural areas do not always have economic development organizations to advance their local economic interests. When a rural area does have a local economic development organization, it may not have the capacity or funding to compete effectively with larger rivals worldwide. (3) Due to their geographic location, rural United States businesses often have limited access to information and services that facilitate export success. SEC. 3. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. The Export Enhancement Act of 1988 (15 U.S.C. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''. <all>

BRIDGE Act

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States.

BRIDGE Act Building Rural Investments, Development, and Growth for the Economy Act

Rep. Miller, Carol D.

R

WV

This bill requires the Department of Commerce and the Department of State to promote the export of goods and services by small- and medium-sized businesses from, and facilitate business investment in, rural areas of the United States. A rural area is an area with a population of less than 50,000 inhabitants that is outside an urbanized area.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Rural Investments, Development, and Growth for the Economy Act'' or the ``BRIDGE Act''. SEC. 2. FINDINGS RELATING TO ATTRACTING BUSINESS INVESTMENT AND EXPORT PROMOTION. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. Increasing exports from and investment in rural areas will expand the United States economy and create United States jobs. (2) Rural areas often have greater challenges in attracting business investment, especially because rural areas do not always have economic development organizations to advance their local economic interests. When a rural area does have a local economic development organization, it may not have the capacity or funding to compete effectively with larger rivals worldwide. (3) Due to their geographic location, rural United States businesses often have limited access to information and services that facilitate export success. SEC. 3. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. The Export Enhancement Act of 1988 (15 U.S.C. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''. <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 ``Building Rural Investments, Development, and Growth for the Economy Act'' or the ``BRIDGE Act''. 2. FINDINGS RELATING TO ATTRACTING BUSINESS INVESTMENT AND EXPORT PROMOTION. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. Increasing exports from and investment in rural areas will expand the United States economy and create United States jobs. (2) Rural areas often have greater challenges in attracting business investment, especially because rural areas do not always have economic development organizations to advance their local economic interests. When a rural area does have a local economic development organization, it may not have the capacity or funding to compete effectively with larger rivals worldwide. (3) Due to their geographic location, rural United States businesses often have limited access to information and services that facilitate export success. SEC. 3. The Export Enhancement Act of 1988 (15 U.S.C. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Rural Investments, Development, and Growth for the Economy Act'' or the ``BRIDGE Act''. SEC. 2. FINDINGS RELATING TO ATTRACTING BUSINESS INVESTMENT AND EXPORT PROMOTION. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. Increasing exports from and investment in rural areas will expand the United States economy and create United States jobs. (2) Rural areas often have greater challenges in attracting business investment, especially because rural areas do not always have economic development organizations to advance their local economic interests. When a rural area does have a local economic development organization, it may not have the capacity or funding to compete effectively with larger rivals worldwide. (3) Due to their geographic location, rural United States businesses often have limited access to information and services that facilitate export success. SEC. 3. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. The Export Enhancement Act of 1988 (15 U.S.C. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''. <all>

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. 2306A. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. ``(b) Relationship to Championing American Business Through Diplomacy Act.--The Secretary of Commerce and the Secretary of State shall carry out subsection (a) in a manner consistent with the purposes of the Championing American Business Through Diplomacy Act (22 U.S.C. 9901 et seq.). ``(c) Rural Area Defined.--In this section the term `rural area' means an area with a population of less than 50,000 inhabitants that is outside an urbanized area, as determined by the most recent decennial census.''.

To promote exports of goods and services from and facilitation of business investment in rural areas of the United States. Congress finds the following: (1) Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. PROMOTION OF EXPORTS OF GOODS AND SERVICES FROM AND FACILITATION OF BUSINESS INVESTMENT IN RURAL AREAS OF THE UNITED STATES. 4701 note) is amended by inserting after section 2306 the following new section: ``SEC. ``(a) In General.--The Secretary of Commerce and the Secretary of State shall promote the export of goods and services from rural areas of the United States, particularly by small businesses and medium-sized businesses, and shall facilitate business investment in the United States, particularly in rural areas.

11,238

14,478

H.R.3539

Government Operations and Politics

This bill designates the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the Atanasio Taitano Perez Post Office.

[117th Congress Public Law 197] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2215]] Public Law 117-197 117th Congress An Act To designate the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the ``Atanasio Taitano Perez Post Office''. <<NOTE: Oct. 11, 2022 - [H.R. 3539]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ATANASIO TAITANO PEREZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, shall be known and designated as the ``Atanasio Taitano Perez Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Atanasio Taitano Perez Post Office''. Approved October 11, 2022. LEGISLATIVE HISTORY--H.R. 3539: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Feb. 1, 9, considered and passed House. Sept. 20, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the "Atanasio Taitano Perez Post Office".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the "Atanasio Taitano Perez Post Office".

Del. San Nicolas, Michael F. Q.

D

GU

This bill designates the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the Atanasio Taitano Perez Post Office.

[117th Congress Public Law 197] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2215]] Public Law 117-197 117th Congress An Act To designate the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the ``Atanasio Taitano Perez Post Office''. <<NOTE: Oct. 11, 2022 - [H.R. 3539]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ATANASIO TAITANO PEREZ POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, shall be known and designated as the ``Atanasio Taitano Perez Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Atanasio Taitano Perez Post Office''. Approved October 11, 2022. LEGISLATIVE HISTORY--H.R. 3539: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Feb. 1, 9, considered and passed House. Sept. 20, considered and passed Senate. <all>

[117th Congress Public Law 197] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2215]] Public Law 117-197 117th Congress An Act To designate the facility of the United States Postal Service located at 223 West Chalan Santo Papa in Hagatna, Guam, as the ``Atanasio Taitano Perez Post Office''.

11,239

3,184

S.4961

Taxation

This bill provides for a limit, through 2025, on the reduction of Internal Revenue Service user fees (e.g., fees for requests for ruling letters, opinion letters, and determination letters). Any reduced fee may not exceed 5% of the lowest fee charged for a taxpayer whose gross income is $5 million or more in a taxable year.

To provide limits on the reduction of Internal Revenue Service user fees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REDUCED USER FEES. (a) Amendments.--Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Rules relating to reduced fees.-- ``(A) In general.--Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non- qualified person. ``(B) Applicability.-- ``(i) In general.--The Secretary shall provide for a reduced fee under paragraph (2)(A) only for persons who are not non- qualified persons. ``(ii) Non-qualified person.--For purposes of this paragraph, with respect to any taxable year, the term `non-qualified person' means any person whose gross income for the taxable year is $5,000,000 or more. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. ``(D) Termination.--This paragraph shall not apply to any taxable year beginning after December 31, 2025.''. (b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act. <all>

A bill to provide limits on the reduction of Internal Revenue Service user fees.

Official Titles - Senate Official Title as Introduced A bill to provide limits on the reduction of Internal Revenue Service user fees.

Sen. Blackburn, Marsha

R

TN

This bill provides for a limit, through 2025, on the reduction of Internal Revenue Service user fees (e.g., fees for requests for ruling letters, opinion letters, and determination letters). Any reduced fee may not exceed 5% of the lowest fee charged for a taxpayer whose gross income is $5 million or more in a taxable year.

To provide limits on the reduction of Internal Revenue Service user fees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REDUCED USER FEES. (a) Amendments.--Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Rules relating to reduced fees.-- ``(A) In general.--Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non- qualified person. ``(B) Applicability.-- ``(i) In general.--The Secretary shall provide for a reduced fee under paragraph (2)(A) only for persons who are not non- qualified persons. ``(ii) Non-qualified person.--For purposes of this paragraph, with respect to any taxable year, the term `non-qualified person' means any person whose gross income for the taxable year is $5,000,000 or more. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. ``(D) Termination.--This paragraph shall not apply to any taxable year beginning after December 31, 2025.''. (b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act. <all>

To provide limits on the reduction of Internal Revenue Service user fees. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act.

To provide limits on the reduction of Internal Revenue Service user fees. a) Amendments.--Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Rules relating to reduced fees.-- ``(A) In general.--Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non- qualified person.

To provide limits on the reduction of Internal Revenue Service user fees. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act.

To provide limits on the reduction of Internal Revenue Service user fees. a) Amendments.--Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Rules relating to reduced fees.-- ``(A) In general.--Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non- qualified person.

To provide limits on the reduction of Internal Revenue Service user fees. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act.

To provide limits on the reduction of Internal Revenue Service user fees. a) Amendments.--Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Rules relating to reduced fees.-- ``(A) In general.--Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non- qualified person.

To provide limits on the reduction of Internal Revenue Service user fees. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act.

To provide limits on the reduction of Internal Revenue Service user fees. a) Amendments.--Section 7528(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Rules relating to reduced fees.-- ``(A) In general.--Any fee as reduced under paragraph (2)(A) shall not exceed 5 percent of the lowest fee charged under this subsection for any non- qualified person.

To provide limits on the reduction of Internal Revenue Service user fees. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of a taxable year beginning after December 31, 2022, the $5,000,000 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. b) Effective Date.--The amendments made by this section shall apply to fees charged after the date of the enactment of this Act.

11,240

10,917

H.R.7506

Health

New Era of Preventing End-Stage Kidney Disease Act This bill addresses rare kidney diseases through research, training for health professionals, and other means. It also modifies requirements for Medicare drug plan formularies that include drugs for rare diseases or conditions. The Department of Health and Human Services (HHS) must HHS may award grants to educate and train health professionals about kidney disease and nephrology. Additionally, health professional schools that receive certain HHS funding for educating underrepresented minority individuals must support postgraduate nephrology training. The National Institutes of Health (NIH) must report on diversity in its kidney disease research. The NIH may also (1) support research on rare kidney diseases that, among other requirements, includes persons of color in study populations; and (2) establish regional centers of excellence for rare kidney diseases. The Centers for Medicare & Medicaid Services must evaluate methods for (1) treating rare kidney diseases, with a focus on delaying dialysis and transplant; and (2) raising awareness about rare kidney diseases, including in communities of color. Furthermore, if a Medicare drug plan formulary includes a drug to treat a rare disease or condition, at least two members of the committee that develops or reviews the formulary must have expertise in the field of medicine related to that drug.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``New Era of Preventing End-Stage Kidney Disease 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. Findings. Sec. 4. Definitions. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. 101. NIDDK Centers on Rare Kidney Disease Research. Sec. 102. Rare kidney disease progression research. TITLE II--DIAGNOSTICS Sec. 201. Diagnostic issues relating to rare kidney disease. TITLE III--COMMUNITIES OF COLOR Sec. 301. Understanding and slowing the progression of rare kidney disease and treatment in certain populations. Sec. 302. Communities of color service program. Sec. 303. NIH report on NIH research programs. Sec. 304. Partnerships with organizations and agencies. TITLE IV--PROVIDER EDUCATION Sec. 401. Primary care provider training grant program. Sec. 402. Grant program for development and implementation of curricula for continuing education on kidney disease. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS Sec. 501. Medical expertise in pharmacy and therapeutic committees. Sec. 502. Reducing dialysis and transplant costs related to rare kidney disease. SEC. 3. FINDINGS. Congress finds the following: (1) Approximately 37,000,000 adults in the United States have a chronic kidney disease, and kidney diseases are the ninth leading cause of death in the United States. (2) Each day in the United States, on average, 340 people begin dialysis and 13 people die waiting for a kidney transplant. (3) Rare kidney diseases like focal segmental glomerulosclerosis and immunoglobulin A nephropathy are particularly difficult to treat, and there are no approved treatments for these diseases. (4) In the absence of approved treatment options, more than 100,000 people live with rare glomerular kidney disease and face dialysis, transplant, or death. (5) Focal segmental glomerulosclerosis is associated with a 50 percent risk of end-stage kidney disease within 5 years of diagnosis if partial or complete remission is not achieved. (6) Between 20 and 40 percent of individuals with immunoglobulin A nephropathy are expected to develop end-stage kidney disease within 20 years. (7) Rare kidney diseases disproportionately affect Black Americans, who are 3.5 times more likely to develop end-stage kidney disease, and 5 times more likely than the general population to have focal segmental glomerulosclerosis. (8) Because approximately one-third of Black Americans with focal segmental glomerulosclerosis cases are associated with a particular gene, communities of color would benefit from additional resources to support earlier detection, including genetic and genomic testing and referrals to high-quality providers. (9) The prevalence of end-stage kidney disease is exacerbated by diagnostic challenges, barriers to high-quality care, and lack of awareness of disease risks. (10) Federal spending on end-stage kidney disease currently accounts for approximately 7 percent of Federal Medicare spending. (11) The total Medicare spending on both chronic kidney disease and end-stage kidney disease patients exceeded $120,000,000,000 per year in recent years. (12) A focus on renal health and the prevention of end- stage kidney disease would improve patient outcomes, extend lives, mitigate racial health care disparities, and reduce government spending. (13) Due in large part to the 21st Century Cures Act, new regulatory paradigms have unleashed a wave of clinical innovation in the rare kidney disease space. (14) In 2020, the first-ever Rare Kidney Disease Roundtable outlined urgent needs in the areas of diagnosis, education, communities of color, and patient support for rare kidney disease patients and their families in the United States. (15) In 2021, there are over 30 ongoing clinical trials underway for treatments for a range of rare kidney diseases, offering the first hope for novel therapies for patients living with rare kidney diseases, a new era of preventing end-stage kidney disease and related Federal costs, and the possibility of improving chronic kidney care writ large. SEC. 4. DEFINITIONS. In this Act: (1) Director of nih.--The term ``Director of NIH'' means the Director of the National Institutes of Health. (2) NIH.--The term ``NIH'' means the National Institutes of Health. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH SEC. 101. NIDDK CENTERS ON RARE KIDNEY DISEASE RESEARCH. Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by inserting after section 426 (42 U.S.C. 285c) the following new section: ``SEC. 426A. NIDDK CENTERS ON RARE KIDNEY DISEASE RESEARCH. ``(a) Cooperative Agreements and Grants.-- ``(1) In general.--The Director of the Institute may enter into cooperative agreements with, and make grants to, public and private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for, regional centers of excellence for rare kidney diseases, including primary glomerular disease. Such centers of excellence shall be known as NIDDK Centers on Rare Kidney Disease Research. ``(2) Purposes of centers.--The purposes of the centers of excellence funded pursuant to paragraph (1) shall be-- ``(A) to increase public awareness of rare kidney diseases, particularly in communities of color; and ``(B) to develop resources for clinical research into, training in, and demonstration of diagnostic, prevention, control, and treatment methods for, rare kidney diseases. ``(3) Policies.--A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of the National Institutes of Health. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities under this section with similar activities that are related to rare kidney disease and conducted by other national research institutes, centers, and agencies of the National Institutes of Health and by the Food and Drug Administration. ``(c) Uses for Federal Payments Under Cooperative Agreements or Grants.--Federal payments made under a cooperative agreement or grant under subsection (a) may be used for-- ``(1) basic operating costs, including such patient care costs as are required for research; ``(2) clinical training, including training for allied health professionals, continuing education for health professionals and allied health professions personnel, and information programs for the public with respect to rare kidney diseases; ``(3) clinical research and demonstration programs; ``(4) education of members of the public, particularly through outreach to communities of color, on the diagnosis (including through routine urinalysis and through genetic testing), prevention, control, and treatment of rare kidney diseases; and ``(5) education of individuals diagnosed with rare kidney diseases on renal diet and lifestyle, genetic testing, and programs to promote urinalysis, and on mental and emotional health resources for families of rare kidney disease patients. ``(d) Period of Support; Additional Periods.--The period of support for a center of excellence under subsection (a) may not exceed 5 years, except that such period may be extended by the Director of the Institute for additional periods of not more than 5 years for each center if-- ``(1) the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute; and ``(2) such group has recommended to the Director of the Institute that such period should be extended. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $4,000,000 for each of fiscal years 2023 through 2027.''. SEC. 102. RARE KIDNEY DISEASE PROGRESSION RESEARCH. (a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. (b) Application.--To seek a grant under this section, an eligible entity shall submit an application in such form, in such manner, and containing such agreements, assurances, and information as the Director of NIH determines to be necessary. (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. TITLE II--DIAGNOSTICS SEC. 201. DIAGNOSTIC ISSUES RELATING TO RARE KIDNEY DISEASE. (a) Conference.-- (1) In general.--The Secretary shall, not later than 12 months after the date of the enactment of this Act, convene a conference to-- (A) analyze the impact of the decline of routine urinalysis on the timely diagnosis of rare kidney disease and on the quality of patient care following a diagnosis of such disease; (B) analyze the quality and reliability of kidney biopsy in the diagnosis of rare kidney disease; (C) analyze the impact of genetic and genomic testing on preventative care and precision medicine with respect to rare kidney disease; (D) recommend strategies to reduce disparities in the occurrence and treatment of rare kidney disease among different groups, including communities of color; and (E) recommend strategies to increase routine urinalysis and to improve technologies to diagnose such disease, including genetic testing. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, and rare disease, as appropriate. (b) Early Intervention on Genetic Screening.-- (1) Study.--The Secretary shall conduct a study on-- (A) whether genetic and genomic testing may improve preventative care and precision medicine with respect to rare kidney disease; (B) whether genetic and genomic testing, and in particular testing of the APOL1 gene, may reduce disparities in the occurrence and treatment of rare kidney disease among different groups, including communities of color; (C) whether the Federal Government may help to reduce barriers to genetic and genomic testing for rare kidney disease, including by-- (i) encouraging the expansion of health insurance coverage of genetic and genomic testing, including diagnostic, predictive, and presymptomatic testing, and DNA sequencing clinical services; (ii) supporting the collection of evidence for the clinical utility and appropriate use of genetic and genomic tests; and (iii) improving access to genetic counselors, pathologists, and other relevant professions, including strengthening related workforce education and training efforts; (D) the extent to which coverage provisions in the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. (2) Report.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the proceedings of the conference under subsection (a) and the results of the study under paragraph (1). (B) Consultation.--In conducting the study under paragraph (1) and developing the report required by subparagraph (A), the Secretary shall consult with physicians, other health professionals, health educators, health professional organizations, relevant companies, patients, patient organizations, the Health Resources and Services Administration, the Director of NIH, the National Institute of Diabetes and Digestive and Kidney Diseases, and the Centers for Medicare & Medicaid Services. Such consultation shall include consultation activities conducted as part of the conference under subsection (a). (3) Definition.--In this subsection, the term ``DNA sequencing clinical services'', with respect to an individual-- (A) means a determination of an exact sequence of deoxyribonucleic acid bases in the genome of such individual, and, if for the sole benefit of the individual, a biological parent of such individual for the purpose of determining whether one or more potentially disease-causing genetic variants are present in the genome of such individual or such biological parent; and (B) includes-- (i) sequencing of the entire genome, of the exome, of a panel of genes, or other regions of the genome; and (ii) any analysis, interpretation, and data report derived from such sequencing. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. TITLE III--COMMUNITIES OF COLOR SEC. 301. UNDERSTANDING AND SLOWING THE PROGRESSION OF RARE KIDNEY DISEASE AND TREATMENT IN CERTAIN POPULATIONS. (a) Study.--The Secretary shall conduct a study on-- (1) the social, behavioral, and biological factors leading to rare kidney disease; (2) treatment patterns associated with providing care, under 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 such Act (42 U.S.C. 1396 et seq.), and through private health insurance, to populations that are disproportionately affected by such disease; (3) access to nephrologists among populations that are disproportionately affected by such disease; (4) ongoing efforts and recommendations to slow the progression of end-stage kidney disease in populations that are disproportionately affected by rare kidney disease; and (5) patient trust of treating providers among populations that are disproportionately affected by such disease. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the study conducted under subsection (a), together with such recommendations as the Secretary determines to be appropriate. (c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. (d) Consultation.--In carrying out the activities under subsections (a) and (b), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, health equity, and rare disease, as appropriate. SEC. 302. COMMUNITIES OF COLOR SERVICE PROGRAM. Section 736(b) of the Public Health Service Act (42 U.S.C. 293) is amended-- (1) by redesignating paragraph (7) as paragraph (8); (2) in paragraph (6)(B), by striking ``; and'' and inserting a semicolon; and (3) by inserting after paragraph (6) the following: ``(7) to award fellowships, which may include stipends, for postgraduate training in the field of nephrology, for the purposes of-- ``(A) increasing providers' knowledge of issues related to prevention, diagnosis, and treatment of rare kidney disease among racial and ethnic minority populations, especially the prevalence of the gene APOL1; ``(B) improving the quality of rare kidney disease prevention, diagnosis, and treatment delivered to racial and ethnic minorities; and ``(C) increasing the number of culturally competent nephrologists; and''. SEC. 303. NIH REPORT ON NIH RESEARCH PROGRAMS. The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. SEC. 304. PARTNERSHIPS WITH ORGANIZATIONS AND AGENCIES. (a) HHS Program.--Under this section or other applicable provisions of law, the Secretary shall establish a program to provide grants to eligible entities to provide education and appropriate medical and other referrals for patients in communities of color regarding kidney disease, including rare kidney disease. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- (1) be-- (A) a nonprofit or community-based organization, including any community health center; or (B) a State or local governmental agency; and (2) submit to the Secretary an application-- (A) at such time and in such manner as the Secretary may require; and (B) containing-- (i) a description of how the applicant proposes to use the grant funds; and (ii) such other information as the Secretary may require. (c) Reporting.-- (1) By grantee.--A recipient of a grant under this section shall submit annually to the Secretary, and make publicly available, a report on the activities conducted using funds received through the grant. (2) By secretary.--Not later than the end of fiscal year 2026, the Secretary shall submit to the Congress a report that includes-- (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; and (C) any recommendations the Secretary may have. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2023 through 2027. TITLE IV--PROVIDER EDUCATION SEC. 401. PRIMARY CARE PROVIDER TRAINING GRANT PROGRAM. Subpart I of part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by inserting after section 747A (42 U.S.C. 293k-1) the following: ``SEC. 747B. RARE KIDNEY DISEASE TRAINING FOR PRIMARY CARE PROVIDERS. ``(a) In General.--The Secretary may make grants to an accredited public or nonprofit private hospital, school of medicine, or academically affiliated physician assistant training program, to a public or private nonprofit entity that the Secretary has determined is capable of carrying out such grant, or to any consortium of such hospitals, schools, programs, or entities, to plan, develop, and operate a professional training program in the field of nephrology for primary care residents, physicians, physician assistants, or nurse practitioners, on-- ``(1) methods to detect and diagnose rare kidney disease, including urinalysis and genetic testing; ``(2) implementing such diagnostic methods in their practices; ``(3) establishing treatment protocols for individuals diagnosed with rare kidney disease; and ``(4) implementing a collaborative care model to coordinate care of patients diagnosed with rare kidney disease among health care providers. ``(b) Priorities in Making Awards.--In awarding grants under this section, the Secretary may give priority to qualified applicants that-- ``(1) have a record of training primary care providers; ``(2) establish formal relationships and submit joint applications with Federally qualified health centers, rural health clinics, or clinics located in underserved areas or that serve underserved populations; or ``(3) teach trainees the skills to provide interprofessional, integrated care through collaboration among health professionals, including specialists. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $800,000 for each of fiscal years 2023 through 2027.''. SEC. 402. GRANT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended-- (1) in the part heading, by striking ``and pediatric dentistry'' and inserting ``pediatric dentistry, and kidney disease''; and (2) by inserting after subpart II (42 U.S.C. 293m) the following: ``Subpart III--Continuing Education in Kidney Disease ``SEC. 749C. CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. ``(a) Grants.--The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with kidney disease. ``(b) Eligible Entities.--To be eligible to seek a grant under this section, an entity shall be a public or nonprofit entity that-- ``(1) provides continuing education or training to health care professionals; or ``(2) applies for the grant in partnership with another entity that provides such education and training. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to eligible entities proposing to develop and implement curricula for providing continuing education and training to-- ``(1) primary care providers; or ``(2) health care professionals who are required, as a condition of State licensure, to participate in continuing education or training. ``(d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,600,000 for each of fiscal years 2023 through 2027.''. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS SEC. 501. MEDICAL EXPERTISE IN PHARMACY AND THERAPEUTIC COMMITTEES. Section 1860D-4(b)(3)(A) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(A)) is amended by striking clause (ii) and inserting the following: ``(ii) Inclusion of independent experts.-- Such committee shall include-- ``(I) at least one practicing physician and at least one practicing pharmacist, each of whom-- ``(aa) is independent and free of conflict with respect to the sponsor and plan; and ``(bb) has expertise in the care of elderly or disabled persons; and ``(II) in the case of a drug approved to treat a rare disease or condition as defined in section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb), at least two members that meet the requirements described in items (aa) and (bb) of subclause (I) and have expertise in the field of medicine related to that drug.''. SEC. 502. REDUCING DIALYSIS AND TRANSPLANT COSTS RELATED TO RARE KIDNEY DISEASE. Section 1881(f) of the Social Security Act (42 U.S.C. 1395rr(f)) is amended by adding at the end the following new paragraph: ``(9)(A) The Secretary shall conduct experiments to evaluate methods for treating rare kidney disease, giving particular attention to treatments that would delay or eliminate the need for dialysis and transplant. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. ``(C) The Secretary shall submit to Congress, not later than 24 months after the date of the enactment of the New Era of Preventing End-Stage Kidney Disease Act, a report on the experiments and study conducted under subparagraphs (A) and (B). Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study.''. <all>

New Era of Preventing End-Stage Kidney Disease Act

To amend the Public Health Service Act with respect to preventing end-stage kidney disease, and for other purposes.

New Era of Preventing End-Stage Kidney Disease Act

Rep. Butterfield, G. K.

D

NC

This bill addresses rare kidney diseases through research, training for health professionals, and other means. It also modifies requirements for Medicare drug plan formularies that include drugs for rare diseases or conditions. The Department of Health and Human Services (HHS) must HHS may award grants to educate and train health professionals about kidney disease and nephrology. Additionally, health professional schools that receive certain HHS funding for educating underrepresented minority individuals must support postgraduate nephrology training. The National Institutes of Health (NIH) must report on diversity in its kidney disease research. The NIH may also (1) support research on rare kidney diseases that, among other requirements, includes persons of color in study populations; and (2) establish regional centers of excellence for rare kidney diseases. The Centers for Medicare & Medicaid Services must evaluate methods for (1) treating rare kidney diseases, with a focus on delaying dialysis and transplant; and (2) raising awareness about rare kidney diseases, including in communities of color. Furthermore, if a Medicare drug plan formulary includes a drug to treat a rare disease or condition, at least two members of the committee that develops or reviews the formulary must have expertise in the field of medicine related to that drug.

TABLE OF CONTENTS. 1. 2. Findings. Definitions. Rare kidney disease progression research. TITLE II--DIAGNOSTICS Sec. TITLE III--COMMUNITIES OF COLOR Sec. NIH report on NIH research programs. Partnerships with organizations and agencies. Primary care provider training grant program. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS Sec. Medical expertise in pharmacy and therapeutic committees. 3. (8) Because approximately one-third of Black Americans with focal segmental glomerulosclerosis cases are associated with a particular gene, communities of color would benefit from additional resources to support earlier detection, including genetic and genomic testing and referrals to high-quality providers. (10) Federal spending on end-stage kidney disease currently accounts for approximately 7 percent of Federal Medicare spending. 4. In this Act: (1) Director of nih.--The term ``Director of NIH'' means the Director of the National Institutes of Health. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 101. is amended by inserting after section 426 (42 U.S.C. 285c) the following new section: ``SEC. Such centers of excellence shall be known as NIDDK Centers on Rare Kidney Disease Research. 102. 201. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, and rare disease, as appropriate. may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. (2) Report.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the proceedings of the conference under subsection (a) and the results of the study under paragraph (1). Such consultation shall include consultation activities conducted as part of the conference under subsection (a). (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. 301. ), and through private health insurance, to populations that are disproportionately affected by such disease; (3) access to nephrologists among populations that are disproportionately affected by such disease; (4) ongoing efforts and recommendations to slow the progression of end-stage kidney disease in populations that are disproportionately affected by rare kidney disease; and (5) patient trust of treating providers among populations that are disproportionately affected by such disease. 302. Section 736(b) of the Public Health Service Act (42 U.S.C. 303. 304. 401. 402. 293k et seq.) CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. 501. SEC. 502.

TABLE OF CONTENTS. 1. 2. Definitions. Rare kidney disease progression research. TITLE II--DIAGNOSTICS Sec. TITLE III--COMMUNITIES OF COLOR Sec. NIH report on NIH research programs. Partnerships with organizations and agencies. Primary care provider training grant program. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS Sec. 3. (10) Federal spending on end-stage kidney disease currently accounts for approximately 7 percent of Federal Medicare spending. 4. In this Act: (1) Director of nih.--The term ``Director of NIH'' means the Director of the National Institutes of Health. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 285c) the following new section: ``SEC. Such centers of excellence shall be known as NIDDK Centers on Rare Kidney Disease Research. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, and rare disease, as appropriate. may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. Such consultation shall include consultation activities conducted as part of the conference under subsection (a). (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. ), and through private health insurance, to populations that are disproportionately affected by such disease; (3) access to nephrologists among populations that are disproportionately affected by such disease; (4) ongoing efforts and recommendations to slow the progression of end-stage kidney disease in populations that are disproportionately affected by rare kidney disease; and (5) patient trust of treating providers among populations that are disproportionately affected by such disease. Section 736(b) of the Public Health Service Act (42 U.S.C. 293k et seq.) CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. SEC.

TABLE OF CONTENTS. 1. 2. Findings. Definitions. Rare kidney disease progression research. TITLE II--DIAGNOSTICS Sec. Diagnostic issues relating to rare kidney disease. TITLE III--COMMUNITIES OF COLOR Sec. NIH report on NIH research programs. Partnerships with organizations and agencies. Primary care provider training grant program. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS Sec. Medical expertise in pharmacy and therapeutic committees. 3. (2) Each day in the United States, on average, 340 people begin dialysis and 13 people die waiting for a kidney transplant. (8) Because approximately one-third of Black Americans with focal segmental glomerulosclerosis cases are associated with a particular gene, communities of color would benefit from additional resources to support earlier detection, including genetic and genomic testing and referrals to high-quality providers. (10) Federal spending on end-stage kidney disease currently accounts for approximately 7 percent of Federal Medicare spending. 4. In this Act: (1) Director of nih.--The term ``Director of NIH'' means the Director of the National Institutes of Health. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 101. is amended by inserting after section 426 (42 U.S.C. 285c) the following new section: ``SEC. Such centers of excellence shall be known as NIDDK Centers on Rare Kidney Disease Research. 102. (b) Application.--To seek a grant under this section, an eligible entity shall submit an application in such form, in such manner, and containing such agreements, assurances, and information as the Director of NIH determines to be necessary. 201. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, and rare disease, as appropriate. may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. (2) Report.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the proceedings of the conference under subsection (a) and the results of the study under paragraph (1). Such consultation shall include consultation activities conducted as part of the conference under subsection (a). (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. 301. ), and through private health insurance, to populations that are disproportionately affected by such disease; (3) access to nephrologists among populations that are disproportionately affected by such disease; (4) ongoing efforts and recommendations to slow the progression of end-stage kidney disease in populations that are disproportionately affected by rare kidney disease; and (5) patient trust of treating providers among populations that are disproportionately affected by such disease. 302. Section 736(b) of the Public Health Service Act (42 U.S.C. 293) is amended-- (1) by redesignating paragraph (7) as paragraph (8); (2) in paragraph (6)(B), by striking ``; and'' and inserting a semicolon; and (3) by inserting after paragraph (6) the following: ``(7) to award fellowships, which may include stipends, for postgraduate training in the field of nephrology, for the purposes of-- ``(A) increasing providers' knowledge of issues related to prevention, diagnosis, and treatment of rare kidney disease among racial and ethnic minority populations, especially the prevalence of the gene APOL1; ``(B) improving the quality of rare kidney disease prevention, diagnosis, and treatment delivered to racial and ethnic minorities; and ``(C) increasing the number of culturally competent nephrologists; and''. 303. 304. 401. 402. 293k et seq.) CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. 501. 360bb), at least two members that meet the requirements described in items (aa) and (bb) of subclause (I) and have expertise in the field of medicine related to that drug.''. SEC. 502.

SHORT TITLE. TABLE OF CONTENTS. 1. 2. Findings. Definitions. Rare kidney disease progression research. TITLE II--DIAGNOSTICS Sec. Diagnostic issues relating to rare kidney disease. TITLE III--COMMUNITIES OF COLOR Sec. NIH report on NIH research programs. Partnerships with organizations and agencies. Primary care provider training grant program. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS Sec. Medical expertise in pharmacy and therapeutic committees. 3. (2) Each day in the United States, on average, 340 people begin dialysis and 13 people die waiting for a kidney transplant. (6) Between 20 and 40 percent of individuals with immunoglobulin A nephropathy are expected to develop end-stage kidney disease within 20 years. (8) Because approximately one-third of Black Americans with focal segmental glomerulosclerosis cases are associated with a particular gene, communities of color would benefit from additional resources to support earlier detection, including genetic and genomic testing and referrals to high-quality providers. (10) Federal spending on end-stage kidney disease currently accounts for approximately 7 percent of Federal Medicare spending. 4. In this Act: (1) Director of nih.--The term ``Director of NIH'' means the Director of the National Institutes of Health. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. 101. is amended by inserting after section 426 (42 U.S.C. 285c) the following new section: ``SEC. 426A. ``(a) Cooperative Agreements and Grants.-- ``(1) In general.--The Director of the Institute may enter into cooperative agreements with, and make grants to, public and private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for, regional centers of excellence for rare kidney diseases, including primary glomerular disease. Such centers of excellence shall be known as NIDDK Centers on Rare Kidney Disease Research. 102. (b) Application.--To seek a grant under this section, an eligible entity shall submit an application in such form, in such manner, and containing such agreements, assurances, and information as the Director of NIH determines to be necessary. 201. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, and rare disease, as appropriate. may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. (2) Report.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the proceedings of the conference under subsection (a) and the results of the study under paragraph (1). Such consultation shall include consultation activities conducted as part of the conference under subsection (a). (3) Definition.--In this subsection, the term ``DNA sequencing clinical services'', with respect to an individual-- (A) means a determination of an exact sequence of deoxyribonucleic acid bases in the genome of such individual, and, if for the sole benefit of the individual, a biological parent of such individual for the purpose of determining whether one or more potentially disease-causing genetic variants are present in the genome of such individual or such biological parent; and (B) includes-- (i) sequencing of the entire genome, of the exome, of a panel of genes, or other regions of the genome; and (ii) any analysis, interpretation, and data report derived from such sequencing. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. 301. ), and through private health insurance, to populations that are disproportionately affected by such disease; (3) access to nephrologists among populations that are disproportionately affected by such disease; (4) ongoing efforts and recommendations to slow the progression of end-stage kidney disease in populations that are disproportionately affected by rare kidney disease; and (5) patient trust of treating providers among populations that are disproportionately affected by such disease. 302. Section 736(b) of the Public Health Service Act (42 U.S.C. 293) is amended-- (1) by redesignating paragraph (7) as paragraph (8); (2) in paragraph (6)(B), by striking ``; and'' and inserting a semicolon; and (3) by inserting after paragraph (6) the following: ``(7) to award fellowships, which may include stipends, for postgraduate training in the field of nephrology, for the purposes of-- ``(A) increasing providers' knowledge of issues related to prevention, diagnosis, and treatment of rare kidney disease among racial and ethnic minority populations, especially the prevalence of the gene APOL1; ``(B) improving the quality of rare kidney disease prevention, diagnosis, and treatment delivered to racial and ethnic minorities; and ``(C) increasing the number of culturally competent nephrologists; and''. 303. 304. 401. 747B. 402. 293k et seq.) 749C. CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. 501. 360bb), at least two members that meet the requirements described in items (aa) and (bb) of subclause (I) and have expertise in the field of medicine related to that drug.''. SEC. 502. Section 1881(f) of the Social Security Act (42 U.S.C. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. This Act may be cited as the ``New Era of Preventing End-Stage Kidney Disease Act''. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. Diagnostic issues relating to rare kidney disease. Congress finds the following: (1) Approximately 37,000,000 adults in the United States have a chronic kidney disease, and kidney diseases are the ninth leading cause of death in the United States. ( 6) Between 20 and 40 percent of individuals with immunoglobulin A nephropathy are expected to develop end-stage kidney disease within 20 years. ( (9) The prevalence of end-stage kidney disease is exacerbated by diagnostic challenges, barriers to high-quality care, and lack of awareness of disease risks. ( 14) In 2020, the first-ever Rare Kidney Disease Roundtable outlined urgent needs in the areas of diagnosis, education, communities of color, and patient support for rare kidney disease patients and their families in the United States. ( (2) NIH.--The term ``NIH'' means the National Institutes of Health. ( 426A. NIDDK CENTERS ON RARE KIDNEY DISEASE RESEARCH. ``(3) Policies.--A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of the National Institutes of Health. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities under this section with similar activities that are related to rare kidney disease and conducted by other national research institutes, centers, and agencies of the National Institutes of Health and by the Food and Drug Administration. ``(d) Period of Support; Additional Periods.--The period of support for a center of excellence under subsection (a) may not exceed 5 years, except that such period may be extended by the Director of the Institute for additional periods of not more than 5 years for each center if-- ``(1) the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute; and ``(2) such group has recommended to the Director of the Institute that such period should be extended. a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. ( (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with relevant stakeholders, including health care providers, medical professional societies, State- based societies, public health experts, State and local public health departments, State medical boards, patient groups, drug manufacturers, pharmacists, insurers, and other entities with experience in health care, public health, and rare disease, as appropriate. ( may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. ( 2) Report.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the proceedings of the conference under subsection (a) and the results of the study under paragraph (1). ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. a) Study.--The Secretary shall conduct a study on-- (1) the social, behavioral, and biological factors leading to rare kidney disease; (2) treatment patterns associated with providing care, under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq. ), ), and through private health insurance, to populations that are disproportionately affected by such disease; (3) access to nephrologists among populations that are disproportionately affected by such disease; (4) ongoing efforts and recommendations to slow the progression of end-stage kidney disease in populations that are disproportionately affected by rare kidney disease; and (5) patient trust of treating providers among populations that are disproportionately affected by such disease. ( c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. ( NIH REPORT ON NIH RESEARCH PROGRAMS. The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- (1) be-- (A) a nonprofit or community-based organization, including any community health center; or (B) a State or local governmental agency; and (2) submit to the Secretary an application-- (A) at such time and in such manner as the Secretary may require; and (B) containing-- (i) a description of how the applicant proposes to use the grant funds; and (ii) such other information as the Secretary may require. ( 2) By secretary.--Not later than the end of fiscal year 2026, the Secretary shall submit to the Congress a report that includes-- (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; and (C) any recommendations the Secretary may have. ( RARE KIDNEY DISEASE TRAINING FOR PRIMARY CARE PROVIDERS. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $800,000 for each of fiscal years 2023 through 2027.''. GRANT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to eligible entities proposing to develop and implement curricula for providing continuing education and training to-- ``(1) primary care providers; or ``(2) health care professionals who are required, as a condition of State licensure, to participate in continuing education or training. TITLE V--COVERAGE AND EXPERIMENTS TO REDUCE DIALYSIS AND TRANSPLANT COSTS SEC. REDUCING DIALYSIS AND TRANSPLANT COSTS RELATED TO RARE KIDNEY DISEASE. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study.''.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. Diagnostic issues relating to rare kidney disease. Communities of color service program. 3) Rare kidney diseases like focal segmental glomerulosclerosis and immunoglobulin A nephropathy are particularly difficult to treat, and there are no approved treatments for these diseases. ( (6) Between 20 and 40 percent of individuals with immunoglobulin A nephropathy are expected to develop end-stage kidney disease within 20 years. ( 14) In 2020, the first-ever Rare Kidney Disease Roundtable outlined urgent needs in the areas of diagnosis, education, communities of color, and patient support for rare kidney disease patients and their families in the United States. ( 2) NIH.--The term ``NIH'' means the National Institutes of Health. ( TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH SEC. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities under this section with similar activities that are related to rare kidney disease and conducted by other national research institutes, centers, and agencies of the National Institutes of Health and by the Food and Drug Administration. ``(d) Period of Support; Additional Periods.--The period of support for a center of excellence under subsection (a) may not exceed 5 years, except that such period may be extended by the Director of the Institute for additional periods of not more than 5 years for each center if-- ``(1) the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute; and ``(2) such group has recommended to the Director of the Institute that such period should be extended. a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. ( (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. ( 2) Report.-- (A) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the proceedings of the conference under subsection (a) and the results of the study under paragraph (1). ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. a) Study.--The Secretary shall conduct a study on-- (1) the social, behavioral, and biological factors leading to rare kidney disease; (2) treatment patterns associated with providing care, under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq. ), (c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. (a) HHS Program.--Under this section or other applicable provisions of law, the Secretary shall establish a program to provide grants to eligible entities to provide education and appropriate medical and other referrals for patients in communities of color regarding kidney disease, including rare kidney disease. ( c) Reporting.-- (1) By grantee.--A recipient of a grant under this section shall submit annually to the Secretary, and make publicly available, a report on the activities conducted using funds received through the grant. ( ``(b) Priorities in Making Awards.--In awarding grants under this section, the Secretary may give priority to qualified applicants that-- ``(1) have a record of training primary care providers; ``(2) establish formal relationships and submit joint applications with Federally qualified health centers, rural health clinics, or clinics located in underserved areas or that serve underserved populations; or ``(3) teach trainees the skills to provide interprofessional, integrated care through collaboration among health professionals, including specialists. ``(a) Grants.--The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with kidney disease. ``(b) Eligible Entities.--To be eligible to seek a grant under this section, an entity shall be a public or nonprofit entity that-- ``(1) provides continuing education or training to health care professionals; or ``(2) applies for the grant in partnership with another entity that provides such education and training. Section 1881(f) of the Social Security Act (42 U.S.C. 1395rr(f)) is amended by adding at the end the following new paragraph: ``(9)(A) The Secretary shall conduct experiments to evaluate methods for treating rare kidney disease, giving particular attention to treatments that would delay or eliminate the need for dialysis and transplant. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study.''.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. ( (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. ( ``(a) Grants.--The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with kidney disease. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study. ''.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. 14) In 2020, the first-ever Rare Kidney Disease Roundtable outlined urgent needs in the areas of diagnosis, education, communities of color, and patient support for rare kidney disease patients and their families in the United States. ( ( 426A. NIDDK CENTERS ON RARE KIDNEY DISEASE RESEARCH. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities under this section with similar activities that are related to rare kidney disease and conducted by other national research institutes, centers, and agencies of the National Institutes of Health and by the Food and Drug Administration. c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. ( may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. ( ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. ( 2) By secretary.--Not later than the end of fiscal year 2026, the Secretary shall submit to the Congress a report that includes-- (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; and (C) any recommendations the Secretary may have. ( GRANT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. ( (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. ( ``(a) Grants.--The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with kidney disease. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study. ''.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. 14) In 2020, the first-ever Rare Kidney Disease Roundtable outlined urgent needs in the areas of diagnosis, education, communities of color, and patient support for rare kidney disease patients and their families in the United States. ( ( 426A. NIDDK CENTERS ON RARE KIDNEY DISEASE RESEARCH. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities under this section with similar activities that are related to rare kidney disease and conducted by other national research institutes, centers, and agencies of the National Institutes of Health and by the Food and Drug Administration. c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. ( may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. ( ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. ( 2) By secretary.--Not later than the end of fiscal year 2026, the Secretary shall submit to the Congress a report that includes-- (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; and (C) any recommendations the Secretary may have. ( GRANT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. ( (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. ( ``(a) Grants.--The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with kidney disease. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study. ''.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( ( may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. ( ( c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. ( ( 2) By secretary.--Not later than the end of fiscal year 2026, the Secretary shall submit to the Congress a report that includes-- (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; and (C) any recommendations the Secretary may have. ( GRANT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. TITLE I--CENTERS OF EXCELLENCE AND RARE KIDNEY DISEASE RESEARCH Sec. a) NIH Research on Rare Kidney Diseases.--The Director of NIH may award grants or contracts to public and nonprofit private entities to conduct research on the causes, etiology, symptoms, diagnosis, progression, and treatment of rare kidney diseases, including glomerular diseases. ( (c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027. ( The Director of NIH shall prepare and publish on the public website of the agency a report on diversity within the programs of the NIH to research kidney disease, including-- (1) the diversity of recipients of research grants; and (2) the extent to which grants are awarded to research kidney disease among communities of color, including disparities in the prevention, diagnosis, and treatment of kidney disease among racial and ethnic minority populations. ( ``(a) Grants.--The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with kidney disease. ``(B) The Secretary shall conduct a comprehensive study of methods to increase public awareness of rare kidney disease, including in communities of color. Such report shall include recommendations for legislative changes that the Secretary finds necessary or desirable as a result of such experiments and study. ''.

To amend the Public Health Service Act with respect to preventing end- stage kidney disease, and for other purposes. c) Research Funded.--Research funded through a grant under this section-- (1) may not include any consideration of quality-adjusted life years or disability-adjusted life years, or other similar mechanisms that discriminate against people with disabilities in value and cost-effectiveness assessments; (2) shall include persons of color in populations studied in the research; and (3) shall include study of genotype-phenotype relation to disease progression. ( ( may restrain the use of genetic and genomic testing for rare kidney disease that may improve clinical outcomes for beneficiaries; (E) whether the Centers for Medicare & Medicaid Services may make coverage determinations that better suit a precision medicine approach to treatment; and (F) whether genetic and genomic testing may improve health outcomes for individuals with rare kidney disease. ( ( c) Coordination.--In carrying out the activities under subsections (a) and (b), the Secretary shall coordinate with the Director of NIH, the Administrator of the Center for Medicare & Medicaid Services, the Administrator of the Health Resources and Services Administration, and the Director of the Center for Medicare and Medicaid Innovation. ( ( 2) By secretary.--Not later than the end of fiscal year 2026, the Secretary shall submit to the Congress a report that includes-- (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; and (C) any recommendations the Secretary may have. ( GRANT PROGRAM FOR DEVELOPMENT AND IMPLEMENTATION OF CURRICULA FOR CONTINUING EDUCATION ON KIDNEY DISEASE.

11,241

9,587

H.R.5867

Armed Forces and National Security

End the Draft Act This bill repeals the Military Selective Service Act, which requires most men of ages 18 through 25 years old to register with the Selective Service System in case a draft is reinstated. The assets, contracts, property, unexpended balances, and records held by the Selective Service System must be transferred to the General Services Administration upon the repeal. The Office of Personnel Management must assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Draft Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1973, the Armed Forces have relied on an all- volunteer force and do not require military conscription to fill personnel requirements. (2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. (3) Under current law, most men between the ages of 18 and 26 who are citizens or residents of the United States are required to register with the Selective Service System. (4) Men who fail to register with the Selective Service System are subject to penalties, including criminal penalties and the loss of eligibility for certain Federal and State benefits. (5) The United States has not used the draft for induction into the Armed Forces in nearly five decades. (6) The United States has only used conscription for 35 of its 245 years of existence. (7) The all-volunteer force has been used in military conflicts since 1973, including Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom. (8) The all-volunteer Armed Forces are the most professional and capable military in the world. SEC. 3. REPEAL OF MILITARY SELECTIVE SERVICE ACT. (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) is repealed. (b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. Not later than 180 days after the date of the enactment of this Act, the assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch. <all>

End the Draft Act

To repeal the Military Selective Service Act.

End the Draft Act

Rep. Hartzler, Vicky

R

MO

This bill repeals the Military Selective Service Act, which requires most men of ages 18 through 25 years old to register with the Selective Service System in case a draft is reinstated. The assets, contracts, property, unexpended balances, and records held by the Selective Service System must be transferred to the General Services Administration upon the repeal. The Office of Personnel Management must assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Draft Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1973, the Armed Forces have relied on an all- volunteer force and do not require military conscription to fill personnel requirements. (2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. (3) Under current law, most men between the ages of 18 and 26 who are citizens or residents of the United States are required to register with the Selective Service System. (4) Men who fail to register with the Selective Service System are subject to penalties, including criminal penalties and the loss of eligibility for certain Federal and State benefits. (5) The United States has not used the draft for induction into the Armed Forces in nearly five decades. (6) The United States has only used conscription for 35 of its 245 years of existence. (7) The all-volunteer force has been used in military conflicts since 1973, including Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom. (8) The all-volunteer Armed Forces are the most professional and capable military in the world. SEC. 3. REPEAL OF MILITARY SELECTIVE SERVICE ACT. (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) is repealed. (b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. Not later than 180 days after the date of the enactment of this Act, the assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch. <all>

To repeal the Military Selective Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Draft Act''. 2. FINDINGS. Congress finds the following: (1) Since 1973, the Armed Forces have relied on an all- volunteer force and do not require military conscription to fill personnel requirements. (2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. (3) Under current law, most men between the ages of 18 and 26 who are citizens or residents of the United States are required to register with the Selective Service System. (4) Men who fail to register with the Selective Service System are subject to penalties, including criminal penalties and the loss of eligibility for certain Federal and State benefits. (5) The United States has not used the draft for induction into the Armed Forces in nearly five decades. (6) The United States has only used conscription for 35 of its 245 years of existence. (7) The all-volunteer force has been used in military conflicts since 1973, including Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom. (8) The all-volunteer Armed Forces are the most professional and capable military in the world. SEC. 3. (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) is repealed. (b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. Not later than 180 days after the date of the enactment of this Act, the assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Draft Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1973, the Armed Forces have relied on an all- volunteer force and do not require military conscription to fill personnel requirements. (2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. (3) Under current law, most men between the ages of 18 and 26 who are citizens or residents of the United States are required to register with the Selective Service System. (4) Men who fail to register with the Selective Service System are subject to penalties, including criminal penalties and the loss of eligibility for certain Federal and State benefits. (5) The United States has not used the draft for induction into the Armed Forces in nearly five decades. (6) The United States has only used conscription for 35 of its 245 years of existence. (7) The all-volunteer force has been used in military conflicts since 1973, including Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom. (8) The all-volunteer Armed Forces are the most professional and capable military in the world. SEC. 3. REPEAL OF MILITARY SELECTIVE SERVICE ACT. (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) is repealed. (b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. Not later than 180 days after the date of the enactment of this Act, the assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch. <all>

To repeal the Military Selective Service Act. 2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. ( 6) The United States has only used conscription for 35 of its 245 years of existence. ( (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act.

To repeal the Military Selective Service Act. 6) The United States has only used conscription for 35 of its 245 years of existence. ( b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. 2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. ( 6) The United States has only used conscription for 35 of its 245 years of existence. ( (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act.

To repeal the Military Selective Service Act. 6) The United States has only used conscription for 35 of its 245 years of existence. ( b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. 2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. ( 6) The United States has only used conscription for 35 of its 245 years of existence. ( (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act.

To repeal the Military Selective Service Act. 6) The United States has only used conscription for 35 of its 245 years of existence. ( b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. 2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. ( 6) The United States has only used conscription for 35 of its 245 years of existence. ( (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act.

To repeal the Military Selective Service Act. 6) The United States has only used conscription for 35 of its 245 years of existence. ( b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch.

To repeal the Military Selective Service Act. 2) The Selective Service System is an independent Federal agency, with an annual budget of approximately $26,000,000, and is responsible for maintaining a database of registrants in case a draft is reinstated. ( 6) The United States has only used conscription for 35 of its 245 years of existence. ( (a) Repeal.--The Military Selective Service Act (50 U.S.C. 3801 et seq.) b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. 3809(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of the Act.

11,242

6,219

H.R.6997

Crime and Law Enforcement

Stopping the Fraudulent Sales of Firearms Act This bill makes it unlawful to import, manufacture, or sell a firearm or ammunition by fraudulent means (e.g., false representations). Further, it makes it unlawful to transmit a wire, radio, or television communication in interstate or foreign commerce related to such a fraudulent importation, manufacture, or sale. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

To amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes. Be it enacted by the Senate 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 the Fraudulent Sales of Firearms Act''. SEC. 2. FRAUDULENT DEALINGS IN FIREARMS. (a) In General.--Section 922(a) of title 18, United States Code, is amended-- (1) in paragraph (9), by striking the period and at the end and inserting ``; and''; and (2) by adding at the end the following: ``(10) for any person-- ``(A) to import, manufacture, or sell a firearm or ammunition by means of false or fraudulent pretenses, representations, or promises; and ``(B) to transmit or cause to be transmitted, by means of wire, radio, or television communication in interstate or foreign commerce, any communication relating to the importation, manufacture, or sale described in subparagraph (A).''. (b) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, is amended by inserting ``(a)(10),'' before ``(f)''. <all>

Stopping the Fraudulent Sales of Firearms Act

To amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes.

Stopping the Fraudulent Sales of Firearms Act

Rep. Scanlon, Mary Gay

D

PA

This bill makes it unlawful to import, manufacture, or sell a firearm or ammunition by fraudulent means (e.g., false representations). Further, it makes it unlawful to transmit a wire, radio, or television communication in interstate or foreign commerce related to such a fraudulent importation, manufacture, or sale. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

To amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes. Be it enacted by the Senate 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 the Fraudulent Sales of Firearms Act''. SEC. 2. FRAUDULENT DEALINGS IN FIREARMS. (a) In General.--Section 922(a) of title 18, United States Code, is amended-- (1) in paragraph (9), by striking the period and at the end and inserting ``; and''; and (2) by adding at the end the following: ``(10) for any person-- ``(A) to import, manufacture, or sell a firearm or ammunition by means of false or fraudulent pretenses, representations, or promises; and ``(B) to transmit or cause to be transmitted, by means of wire, radio, or television communication in interstate or foreign commerce, any communication relating to the importation, manufacture, or sale described in subparagraph (A).''. (b) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, is amended by inserting ``(a)(10),'' before ``(f)''. <all>

To amend title 18, United States Code, to make fraudulent dealings in firearms and ammunition unlawful, and for other purposes. b) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, is amended by inserting ``(a)(10),'' before ``(f)''.

11,243

10,071

H.R.2480

Immigration

Immigrants' Mental Health Act of 2021 This bill directs Customs and Border Protection (CBP) to take steps to address mental health issues among immigrants and CBP agents and officers. It also restricts the sharing of mental health information for use in certain immigration proceedings. CBP shall develop training to enable its agents and officers to (1) identify mental health issues and risk factors in immigrants and refugees, (2) provide crisis intervention using a trauma-informed approach, and (3) better manage work-related stress and psychological pressures. CBP shall assign at least one qualified mental or behavioral health expert to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility. The Department of Health and Human Services may not provide to the Department of Homeland Security information about the mental health of an alien that was obtained by a mental health professional while the alien was in federal government custody if the information will be used for (1) an asylum determination, (2) an immigration hearing, or (3) a deportation hearing.

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. SEC. 2. TRAINING FOR CERTAIN CBP PERSONNEL IN MENTAL HEALTH ISSUES. (a) Training To Identify Risk Factors and Warning Signs in Immigrants and Refugees.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of health care in humanitarian crises and in the delivery of health care to children, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to enable such agents and officers to identify the risk factors and warning signs in immigrants and refugees of mental health issues relating to trauma. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. (b) Training To Address Mental Health and Wellness of CBP Agents and Officers.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of mental health care, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to address the mental health and wellness of individuals working at such facilities. (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. (c) Annual Review of Training.--Beginning with respect to fiscal year 2023, the Assistant Secretary for Mental Health and Substance Use shall-- (1) conduct an annual review of the training implemented pursuant to subsections (a) and (b); and (2) submit the results of each such review, including any recommendations for improvement of such training, to-- (A) the Commissioner of U.S. Customs and Border Protection; and (B) the Committees on Appropriations, Energy and Commerce, Homeland Security, and the Judiciary of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Homeland Security and Governmental Affairs of the Senate. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). SEC. 3. STAFFING BORDER FACILITIES AND DETENTION CENTERS. (a) In General.--To adequately evaluate the mental health needs of immigrants, refugees, border patrol agents, and staff, the Commissioner of U.S. Customs and Border Protection shall assign at least one qualified mental or behavioral health expert to each U.S. Customs and Border Protection facility. (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. SEC. 4. NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION HEARINGS, OR DEPORTATION PROCEEDINGS. The officers, employees, and agents of the Department of Health and Human Services, including the Office of Refugee Resettlement, may not share with the Department of Homeland Security, and the officers, employees, and agents of the Department of Homeland Security may not request or receive from the Department of Health and Human Services, for the purposes of an asylum determination, immigration hearing, or deportation proceeding, any information or record that-- (1) concerns the mental health of an alien; and (2) was obtained or produced by a mental or behavioral health professional while the alien was in a shelter or otherwise in the custody of the Federal Government. SEC. 5. DEFINITIONS. In this Act: (1) The term ``U.S. Customs and Border Protection facility'' means any of the following facilities that typically detain migrants on behalf of U.S. Customs and Border Protection: (A) U.S. Border Patrol stations. (B) Ports of entry. (C) Checkpoints. (D) Forward operating bases. (E) Secondary inspection areas. (F) Short-term custody facilities. (2) The term ``forward operating base'' means a permanent facility established by U.S. Customs and Border Protection in forward or remote locations, and designated as such by U.S. Customs and Border Protection. <all>

Immigrants’ Mental Health Act of 2021

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes.

Immigrants’ Mental Health Act of 2021

Rep. Napolitano, Grace F.

D

CA

This bill directs Customs and Border Protection (CBP) to take steps to address mental health issues among immigrants and CBP agents and officers. It also restricts the sharing of mental health information for use in certain immigration proceedings. CBP shall develop training to enable its agents and officers to (1) identify mental health issues and risk factors in immigrants and refugees, (2) provide crisis intervention using a trauma-informed approach, and (3) better manage work-related stress and psychological pressures. CBP shall assign at least one qualified mental or behavioral health expert to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility. The Department of Health and Human Services may not provide to the Department of Homeland Security information about the mental health of an alien that was obtained by a mental health professional while the alien was in federal government custody if the information will be used for (1) an asylum determination, (2) an immigration hearing, or (3) a deportation hearing.

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. 2. TRAINING FOR CERTAIN CBP PERSONNEL IN MENTAL HEALTH ISSUES. (b) Training To Address Mental Health and Wellness of CBP Agents and Officers.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of mental health care, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to address the mental health and wellness of individuals working at such facilities. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). 3. STAFFING BORDER FACILITIES AND DETENTION CENTERS. (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. 4. The officers, employees, and agents of the Department of Health and Human Services, including the Office of Refugee Resettlement, may not share with the Department of Homeland Security, and the officers, employees, and agents of the Department of Homeland Security may not request or receive from the Department of Health and Human Services, for the purposes of an asylum determination, immigration hearing, or deportation proceeding, any information or record that-- (1) concerns the mental health of an alien; and (2) was obtained or produced by a mental or behavioral health professional while the alien was in a shelter or otherwise in the custody of the Federal Government. SEC. 5. DEFINITIONS. (B) Ports of entry. (C) Checkpoints. (D) Forward operating bases. (E) Secondary inspection areas. (F) Short-term custody facilities.

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. 2. (b) Training To Address Mental Health and Wellness of CBP Agents and Officers.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of mental health care, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to address the mental health and wellness of individuals working at such facilities. 3. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. 4. The officers, employees, and agents of the Department of Health and Human Services, including the Office of Refugee Resettlement, may not share with the Department of Homeland Security, and the officers, employees, and agents of the Department of Homeland Security may not request or receive from the Department of Health and Human Services, for the purposes of an asylum determination, immigration hearing, or deportation proceeding, any information or record that-- (1) concerns the mental health of an alien; and (2) was obtained or produced by a mental or behavioral health professional while the alien was in a shelter or otherwise in the custody of the Federal Government. SEC. 5. DEFINITIONS. (C) Checkpoints. (D) Forward operating bases. (E) Secondary inspection areas.

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. 2. TRAINING FOR CERTAIN CBP PERSONNEL IN MENTAL HEALTH ISSUES. (b) Training To Address Mental Health and Wellness of CBP Agents and Officers.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of mental health care, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to address the mental health and wellness of individuals working at such facilities. (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. (c) Annual Review of Training.--Beginning with respect to fiscal year 2023, the Assistant Secretary for Mental Health and Substance Use shall-- (1) conduct an annual review of the training implemented pursuant to subsections (a) and (b); and (2) submit the results of each such review, including any recommendations for improvement of such training, to-- (A) the Commissioner of U.S. Customs and Border Protection; and (B) the Committees on Appropriations, Energy and Commerce, Homeland Security, and the Judiciary of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Homeland Security and Governmental Affairs of the Senate. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). 3. STAFFING BORDER FACILITIES AND DETENTION CENTERS. (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. 4. The officers, employees, and agents of the Department of Health and Human Services, including the Office of Refugee Resettlement, may not share with the Department of Homeland Security, and the officers, employees, and agents of the Department of Homeland Security may not request or receive from the Department of Health and Human Services, for the purposes of an asylum determination, immigration hearing, or deportation proceeding, any information or record that-- (1) concerns the mental health of an alien; and (2) was obtained or produced by a mental or behavioral health professional while the alien was in a shelter or otherwise in the custody of the Federal Government. SEC. 5. DEFINITIONS. In this Act: (1) The term ``U.S. Customs and Border Protection facility'' means any of the following facilities that typically detain migrants on behalf of U.S. Customs and Border Protection: (A) U.S. Border Patrol stations. (B) Ports of entry. (C) Checkpoints. (D) Forward operating bases. (E) Secondary inspection areas. (F) Short-term custody facilities.

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. SEC. 2. TRAINING FOR CERTAIN CBP PERSONNEL IN MENTAL HEALTH ISSUES. (a) Training To Identify Risk Factors and Warning Signs in Immigrants and Refugees.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of health care in humanitarian crises and in the delivery of health care to children, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to enable such agents and officers to identify the risk factors and warning signs in immigrants and refugees of mental health issues relating to trauma. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. (b) Training To Address Mental Health and Wellness of CBP Agents and Officers.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection, in consultation with the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and nongovernmental experts in the delivery of mental health care, shall develop and implement a training curriculum for U.S. Customs and Border Protection agents and officers assigned to U.S. Customs and Border Protection facilities to address the mental health and wellness of individuals working at such facilities. (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. (c) Annual Review of Training.--Beginning with respect to fiscal year 2023, the Assistant Secretary for Mental Health and Substance Use shall-- (1) conduct an annual review of the training implemented pursuant to subsections (a) and (b); and (2) submit the results of each such review, including any recommendations for improvement of such training, to-- (A) the Commissioner of U.S. Customs and Border Protection; and (B) the Committees on Appropriations, Energy and Commerce, Homeland Security, and the Judiciary of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Homeland Security and Governmental Affairs of the Senate. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). SEC. 3. STAFFING BORDER FACILITIES AND DETENTION CENTERS. (a) In General.--To adequately evaluate the mental health needs of immigrants, refugees, border patrol agents, and staff, the Commissioner of U.S. Customs and Border Protection shall assign at least one qualified mental or behavioral health expert to each U.S. Customs and Border Protection facility. (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. (c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. SEC. 4. NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION HEARINGS, OR DEPORTATION PROCEEDINGS. The officers, employees, and agents of the Department of Health and Human Services, including the Office of Refugee Resettlement, may not share with the Department of Homeland Security, and the officers, employees, and agents of the Department of Homeland Security may not request or receive from the Department of Health and Human Services, for the purposes of an asylum determination, immigration hearing, or deportation proceeding, any information or record that-- (1) concerns the mental health of an alien; and (2) was obtained or produced by a mental or behavioral health professional while the alien was in a shelter or otherwise in the custody of the Federal Government. SEC. 5. DEFINITIONS. In this Act: (1) The term ``U.S. Customs and Border Protection facility'' means any of the following facilities that typically detain migrants on behalf of U.S. Customs and Border Protection: (A) U.S. Border Patrol stations. (B) Ports of entry. (C) Checkpoints. (D) Forward operating bases. (E) Secondary inspection areas. (F) Short-term custody facilities. (2) The term ``forward operating base'' means a permanent facility established by U.S. Customs and Border Protection in forward or remote locations, and designated as such by U.S. Customs and Border Protection. <all>

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( 2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). STAFFING BORDER FACILITIES AND DETENTION CENTERS. ( (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (D) Forward operating bases. ( E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. 2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. ( a) In General.--To adequately evaluate the mental health needs of immigrants, refugees, border patrol agents, and staff, the Commissioner of U.S. Customs and Border Protection shall assign at least one qualified mental or behavioral health expert to each U.S. Customs and Border Protection facility. ( NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION HEARINGS, OR DEPORTATION PROCEEDINGS. E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( 2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). STAFFING BORDER FACILITIES AND DETENTION CENTERS. ( (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (D) Forward operating bases. ( E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. 2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. ( a) In General.--To adequately evaluate the mental health needs of immigrants, refugees, border patrol agents, and staff, the Commissioner of U.S. Customs and Border Protection shall assign at least one qualified mental or behavioral health expert to each U.S. Customs and Border Protection facility. ( NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION HEARINGS, OR DEPORTATION PROCEEDINGS. E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( 2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). STAFFING BORDER FACILITIES AND DETENTION CENTERS. ( (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (D) Forward operating bases. ( E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. 2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. ( a) In General.--To adequately evaluate the mental health needs of immigrants, refugees, border patrol agents, and staff, the Commissioner of U.S. Customs and Border Protection shall assign at least one qualified mental or behavioral health expert to each U.S. Customs and Border Protection facility. ( NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION HEARINGS, OR DEPORTATION PROCEEDINGS. E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( 2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). STAFFING BORDER FACILITIES AND DETENTION CENTERS. ( (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (D) Forward operating bases. ( E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. 2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( (2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. ( a) In General.--To adequately evaluate the mental health needs of immigrants, refugees, border patrol agents, and staff, the Commissioner of U.S. Customs and Border Protection shall assign at least one qualified mental or behavioral health expert to each U.S. Customs and Border Protection facility. ( NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION HEARINGS, OR DEPORTATION PROCEEDINGS. E) Secondary inspection areas. (

To expand and improve access to trauma-informed mental health interventions for newly arriving immigrants at the border, to alleviate the stress of and provide education for border agents, and for other purposes. This Act may be cited as the ``Immigrants' Mental Health Act of 2021''. (2) Requirements.--The training curriculum described in paragraph (1) shall-- (A) apply to all U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities; (B) provide for crisis intervention using a trauma- informed approach; and (C) provide for mental health screenings for immigrants and refugees arriving at the border in their preferred language or with appropriate language assistance. ( 2) Requirement.--The training curriculum described in paragraph (1) shall be designed to help U.S. Customs and Border Protection agents and officers working at U.S. Customs and Border Protection facilities to-- (A) better manage their own stress and the stress of their coworkers; and (B) be more aware of the psychological pressures experienced during their jobs. d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated-- (1) for fiscal year 2022, $50,000 to develop the training under subsections (a) and (b); and (2) for each of fiscal years 2023 through 2027-- (A) $20,000 to implement such training pursuant to subsections (a) and (b); and (B) such sums as may be necessary to review and make recommendations for such training pursuant to subsection (c). STAFFING BORDER FACILITIES AND DETENTION CENTERS. ( (b) Qualifications.--To be qualified for purposes of subsection (a), a mental or behavioral health expert shall be-- (1) bilingual; (2) well-versed in culturally appropriate and trauma- informed interventions; and (3) have particular expertise in child or adolescent mental health or family mental health. ( c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (D) Forward operating bases. ( E) Secondary inspection areas. (

11,244

70

S.4660

Economics and Public Finance

Energy and Water Development and Related Agencies Appropriations Act, 2023 This bill provides FY2023 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission. The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation. The bill provides appropriations to DOE for energy programs, including The bill also provides appropriations to DOE for The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: TITLE I CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $165,668,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $2,159,642,000, to remain available until expended; of which $73,892,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $373,075,000, to remain available until expended, of which $10,315,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. operation and maintenance For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $5,131,605,000, to remain available until expended, of which $2,233,793,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104-303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $56,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2)(B) of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136): Provided, That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $213,000,000, to remain available until September 30, 2024. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $450,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended. expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $215,000,000, to remain available until September 30, 2024, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain available until September 30, 2024: Provided, That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement accompanying this Act, to specific programs, projects, or activities. water infrastructure finance and innovation program account For administrative expenses to carry out the direct and guaranteed loan programs authorized by the Water Infrastructure Finance and Innovation Act of 2014, $10,000,000, to remain available until September 30, 2024. GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL (including transfer of funds) Sec. 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2023, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) Investigations.--For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) Construction.--For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) Operation and maintenance.--Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) Mississippi river and tributaries.--The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) Formerly utilized sites remedial action program.-- Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De Minimus Reprogrammings.--In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing Authorities Program.--Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. Sec. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the explanatory statement accompanying this Act. Sec. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. Sec. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading ``Operation and Maintenance'' to mitigate for fisheries lost due to Corps of Engineers projects. Sec. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). Sec. 106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. TITLE II DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account For carrying out activities authorized by the Central Utah Project Completion Act, $21,000,000, to remain available until expended, of which $5,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,550,000 shall be available until September 30, 2024, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further, That for fiscal year 2023, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $1,850,000 for administrative expenses. Bureau of Reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,784,900,000, to remain available until expended, of which $71,217,000 shall be available for transfer to the Upper Colorado River Basin Fund and $19,606,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That $100,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided further, That such transfers, except for the transfer authorized by the preceding proviso, may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts account established by section 4011(e) of Public Law 114-322, or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That of the amounts made available under this heading, $10,000,000 shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title I of division B of appendix D of Public Law 106-554: Provided further, That of the amounts provided herein, funds may be used for high-priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further, That within available funds, $250,000 shall be for grants and financial assistance for educational activities. central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, such sums as may be collected in fiscal year 2023 in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102-575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. california bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $33,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide supporting charging or fueling infrastructure. GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR Sec. 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2023, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term ``transfer'' means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading ``Bureau of Reclamation-- Water and Related Resources'' shall be expended for the programs, projects, and activities specified in the ``Committee Recommendation'' columns in the ``Water and Related Resources'' table included under the heading ``Title II--Department of the Interior'' in the explanatory statement accompanying this Act. (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. Sec. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ``Cleanup Program-- Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment Plan'' described in the report entitled ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'', prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking ``$750,000,000'' and inserting ``$820,000,000''. Sec. 204. (a) Title I of Public Law 108-361 (the CALFED Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of Public Law 117-103, shall be applied by substituting ``2023'' for ``2022'' each place it appears. (b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay- Delta Authorization Act) is amended by striking ``$25,000,000'' and inserting ``$30,000,000''. Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting ``2023'' for `` 2022''. Sec. 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting ``2023'' for ``2022''. (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2023'' for ``2022'' and by substituting ``$130,000,000'' for ``$120,000,000''. Sec. 207. Section 529(b)(3) of the Water Resources Development Act of 2000 (Public Law 106-541) as amended, is amended by striking ``$30,000,000'' and inserting ``$40,000,000''. TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAMS Defense Production Act Domestic Clean Energy Accelerator For activities by the Department of Energy pursuant to titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq), notwithstanding the requirements of paragraphs (1) through (6) of section 303(a) of such Act (50 U.S.C. 4533(a)), $500,000,000, to remain available until expended, which shall be obligated and expended by the Secretary of Energy as if delegated the necessary authorities conferred by the Defense Production Act of 1950, and which shall be for expanding the domestic production capability for solar, transformers, electric grid components, fuel cells, electrolyzers, heat pumps, and insulation, of which up to $25,000,000, to remain available until September 30, 2024, shall be available for program direction. Energy Efficiency and Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,799,000,000, to remain available until expended: Provided, That of such amount, $245,000,000 shall be available until September 30, 2024, for program direction. Cybersecurity, Energy Security, and Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $202,143,000, to remain available until expended: Provided, That of such amount, $25,143,000 shall be available until September 30, 2024, for program direction. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $362,000,000, to remain available until expended: Provided, That of such amount, $21,000,000 shall be available until September 30, 2024, for program direction. Nuclear Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,765,600,000, to remain available until expended: Provided, That of such amount, $82,574,000 shall be available until September 30, 2024, for program direction: Provided further, That for the purpose of section 954(a)(6) of the Energy Policy Act of 2005, as amended, the only amount available shall be from the amount specified as including that purpose in the ``Recommended'' column in the ``Department of Energy'' table included under the heading ``Title III--Department of Energy'' in the explanatory statement accompanying this Act. Fossil Energy and Carbon Management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $880,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2024, for program direction. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $109,767,000, to remain available until expended, for projects specified in the table that appears under the heading ``Congressionally Directed Spending of Energy Projects'' in the explanatory statement accompanying this Act. Naval Petroleum and Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,004,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $192,460,000, to remain available until expended: Provided, That notwithstanding sections 161 and 167 of the Energy Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2023: Provided further, That all proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2023: Provided further, That upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve. SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface Transportation Act (42 U.S.C. 6241 note), and section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $8,000,000, to remain available until expended. Northeast Home Heating Oil Reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $7,000,000, to remain available until expended. Energy Information Administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $144,000,000, to remain available until expended. Non-Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one zero emission passenger motor vehicle, $373,583,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116-94 are appropriated, to remain available until expended, for mercury storage costs. Uranium Enrichment Decontamination and Decommissioning Fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $869,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $25,248,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 35 passenger motor vehicles, including one ambulance, for replacement only, $8,100,000,000, to remain available until expended: Provided, That of such amount, $211,211,000 shall be available until September 30, 2024, for program direction. Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to remain available until expended, to be derived from the Nuclear Waste Fund. Technology Transitions For Department of Energy expenses necessary for carrying out the activities of technology transitions, $21,558,000, to remain available until expended: Provided, That of such amount,$10,900,000 shall be available until September 30, 2024, for program direction. Clean Energy Demonstrations For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $150,000,000, to remain available until expended: Provided, That of such amount, $25,000,000 shall be available until September 30, 2024, for program direction. Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Title 17 Innovative Technology Loan Guarantee Program (including rescission of funds) Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $66,206,000 is appropriated, to remain available until September 30, 2024: Provided further, That up to $66,206,000 of fees collected in fiscal year 2023 pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until September 30, 2024: Provided further, That to the extent that fees collected in fiscal year 2023 exceed $66,206,000, those excess amounts shall be credited as offsetting collections under this heading and available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2023 (estimated at $35,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $0: Provided further, That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal Regulations. Of the unobligated balances from amounts made available in the first proviso of section 1425 of the Department of Defense and Full- Year Continuing Appropriations Act, 2011 (Public Law 112-10) for the cost of loan guarantees under section 1703 of the Energy Policy Act of 2005, $150,000,000 are hereby permanently rescinded: Provided, That, subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans for eligible projects under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $15,000,000,000, to remain available until committed: Provided further, That the amounts provided under this paragraph are in addition to those provided in any other Act: Provided further, That for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That none of such loan guarantee authority made available under this paragraph shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited in the Treasury as offsetting receipts; and (C) equal to the fair market value as determined by the head of the relevant Federal agency; (3) projects as a result of such projects benefitting from Federal insurance programs, including under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as the ``Price-Anderson Act''); or (4) electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this paragraph shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this paragraph. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2024: Provided, That in this fiscal year and subsequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy may also provide direct loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That such direct loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest: Provided further, That any funds previously appropriated for the cost of loan guarantees under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act: Provided further, That for the cost of direct loans for the Tribal Energy Loan Guarantee Program as provided for in the preceding three provisos and for the cost of guaranteed loans for such program under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $8,000,000, to remain available until expended: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). Indian Energy Policy and Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $110,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $18,000,000 shall be available until September 30, 2024, for program direction. Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $357,906,000, to remain available until September 30, 2024, including the hire of zero emission passenger motor vehicles and supporting charging or fueling infrastructure, and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti- Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $100,578,000 in fiscal year 2023 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $257,328,000. Office of the Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $92,000,000, to remain available until September 30, 2024. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed one ambulance, for replacement only, $16,986,298,000, to remain available until expended: Provided, That of such amount, $130,070,000 shall be available until September 30, 2024, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,538,000,000, to remain available until expended. Naval Reactors (including transfer of funds) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,081,445,000, to remain available until expended, of which, $90,890,000 shall be transferred to ``Department of Energy--Energy Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided, That of such amount, $58,525,000 shall be available until September 30, 2024, for program direction. Federal Salaries and Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $496,400,000, to remain available until September 30, 2024, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $7,064,084,000, to remain available until expended: Provided, That of such amount, $317,002,000 shall be available until September 30, 2024, for program direction. Defense Uranium Enrichment Decontamination and Decommissioning (including transfer of funds) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $579,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ``Uranium Enrichment Decontamination and Decommissioning Fund''. Other Defense Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,040,237,000, to remain available until expended: Provided, That of such amount, $331,781,000 shall be available until September 30, 2024, for program direction. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for the Umatilla Hatchery Facility project and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided, That during fiscal year 2023, no new direct loan obligations may be made. Operation and Maintenance, Southeastern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $8,173,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $8,173,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation and Maintenance, Southwestern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $53,488,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $42,880,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $10,608,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, $299,573,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $299,573,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $98,732,000, of which $98,732,000 is derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $350,083,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up to $6,102,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $228,000: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further, That for fiscal year 2023, the Administrator of the Western Area Power Administration may accept up to $1,598,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal Energy Regulatory Commission salaries and expenses For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $508,400,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $508,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2023 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS--DEPARTMENT OF ENERGY Sec. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b)(1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to-- (A) make or modify a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make or modify a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make or modify an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make or modify an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided or modified during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made or modified. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading ``Department of Energy--Energy Programs'', enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless-- (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the ``Committee Recommendations'' column in the ``Department of Energy'' table included under the heading ``Title III--Department of Energy'' in the explanatory statement accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g)(1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for fiscal year 2023. Sec. 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. Sec. 305. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. Sec. 306. (a) Hereafter, for energy development, demonstration, and deployment programs funded under Department of Energy appropriations (other than those for the National Nuclear Security Administration and Office of Environmental Management) provided for fiscal year 2022, the current fiscal year, or any fiscal year thereafter (including by Acts other than appropriations Acts), the Secretary may vest unconditional title or other property interests acquired under projects in an award recipient, subrecipient, or successor in interest, including the United States, at the conclusion of the award period for projects receiving an initial award in fiscal year 2022 or later. (b) Upon vesting unconditional title pursuant to subsection (a) in an award recipient, subrecipient, or successor in interest other than the United States, the United States shall have no liabilities or obligations to the property. (c) For purposes of this section, the term ``property interest'' does not include any interest in intellectual property developed using funding provided under a project. Sec. 307. All unavailable collections currently in the United States Enrichment Corporation Fund shall be transferred to and merged with the Uranium Enrichment Decontamination and Decommissioning Fund and shall be available only to the extent provided in advance in appropriations Acts. Sec. 308. None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures. Sec. 309. Subparagraphs (B) and (C) of section 40401(a)(2) of Public Law 117-58, paragraph (3) of section 16512(r) of title 42, United States Code, and section (l) of section 17013 of title 42, United States Code, shall not apply for fiscal year 2023. Sec. 310. (a) Definitions.--In this section: (1) Affected indian tribe.--The term ``affected Indian tribe'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (2) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (b) Pilot Program.--Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a pilot program to license, construct, and operate one or more Federal consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor. (c) Requests for Proposals.--Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements-- (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of one or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the one or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based Approval.--Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with-- (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability.--In executing this section, the Secretary shall comply with-- (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot Program Plan.--Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes-- (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for-- (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent- based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of Nuclear Waste Fund.--The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. TITLE IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $200,000,000, to remain available until expended. Defense Nuclear Facilities Safety Board salaries and expenses For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100-456, section 1441, $41,936,000, to remain available until September 30, 2024. Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Denali Commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $17,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105-277), as amended by section 701 of appendix D, title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non- Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $40,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $7,000,000, to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended. Nuclear Regulatory Commission salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $911,384,000, including official representation expenses not to exceed $25,000, to remain available until expended: Provided, That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2024: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $777,498,000 in fiscal year 2023 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at not more than $133,886,000. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $15,769,000, to remain available until September 30, 2024: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $12,655,000 in fiscal year 2023 shall be retained and be available until September 30, 2024, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at not more than $3,114,000: Provided further, That of the amounts appropriated under this heading, $1,520,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,945,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2024. GENERAL PROVISIONS--INDEPENDENT AGENCIES Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b)(1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for ``Nuclear Regulatory Commission--Salaries and Expenses'' shall be expended as directed in the explanatory statement accompanying this Act. (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations-- (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. TITLE V GENERAL PROVISIONS (including transfer of funds) Sec. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. Sec. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). Sec. 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. This Act may be cited as the ``Energy and Water Development and Related Agencies Appropriations Act, 2023''. <all>

Energy and Water Development and Related Agencies Appropriations Act, 2023

A bill making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes.

Energy and Water Development and Related Agencies Appropriations Act, 2023

Sen. Feinstein, Dianne

D

CA

This bill provides FY2023 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission. The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation. The bill provides appropriations to DOE for energy programs, including The bill also provides appropriations to DOE for The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. ), $7,000,000, to remain available until expended. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,538,000,000, to remain available until expended. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Sec.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. ), $7,000,000, to remain available until expended. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,538,000,000, to remain available until expended. 7101 et seq. ), including services as authorized by 5 U.S.C. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Sec.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. ), $7,000,000, to remain available until expended. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act: Provided further, That for the cost of direct loans for the Tribal Energy Loan Guarantee Program as provided for in the preceding three provisos and for the cost of guaranteed loans for such program under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,538,000,000, to remain available until expended. Federal Salaries and Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $496,400,000, to remain available until September 30, 2024, including official reception and representation expenses not to exceed $17,000. Defense Uranium Enrichment Decontamination and Decommissioning (including transfer of funds) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $579,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ``Uranium Enrichment Decontamination and Decommissioning Fund''. 3302, up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. 502. Sec.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $165,668,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 102. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 106. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide supporting charging or fueling infrastructure. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. 206. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. ), $7,000,000, to remain available until expended. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act: Provided further, That for the cost of direct loans for the Tribal Energy Loan Guarantee Program as provided for in the preceding three provisos and for the cost of guaranteed loans for such program under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $257,328,000. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,538,000,000, to remain available until expended. Federal Salaries and Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $496,400,000, to remain available until September 30, 2024, including official reception and representation expenses not to exceed $17,000. Defense Uranium Enrichment Decontamination and Decommissioning (including transfer of funds) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $579,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ``Uranium Enrichment Decontamination and Decommissioning Fund''. 3302, up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures. (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. 10101). (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. 502. Sec.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $373,075,000, to remain available until expended, of which $10,315,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $213,000,000, to remain available until September 30, 2024. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $450,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended. water infrastructure finance and innovation program account For administrative expenses to carry out the direct and guaranteed loan programs authorized by the Water Infrastructure Finance and Innovation Act of 2014, $10,000,000, to remain available until September 30, 2024. GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL (including transfer of funds) Sec. (b) De Minimus Reprogrammings.--In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. ( c) Continuing Authorities Program.--Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. ( None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading ``Operation and Maintenance'' to mitigate for fisheries lost due to Corps of Engineers projects. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide supporting charging or fueling infrastructure. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. ( e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ``Cleanup Program-- Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment Plan'' described in the report entitled ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'', prepared by the Department of the Interior, Bureau of Reclamation. b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay- Delta Authorization Act) is amended by striking ``$25,000,000'' and inserting ``$30,000,000''. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting ``2023'' for `` 2022''. a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting ``2023'' for ``2022''. ( 4533(a)), $500,000,000, to remain available until expended, which shall be obligated and expended by the Secretary of Energy as if delegated the necessary authorities conferred by the Defense Production Act of 1950, and which shall be for expanding the domestic production capability for solar, transformers, electric grid components, fuel cells, electrolyzers, heat pumps, and insulation, of which up to $25,000,000, to remain available until September 30, 2024, shall be available for program direction. Cybersecurity, Energy Security, and Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $202,143,000, to remain available until expended: Provided, That of such amount, $25,143,000 shall be available until September 30, 2024, for program direction. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), Fossil Energy and Carbon Management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $880,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2024, for program direction. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), Naval Petroleum and Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,004,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. 6241, 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2023: Provided further, That all proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2023: Provided further, That upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve. SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq. ), Non-Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one zero emission passenger motor vehicle, $373,583,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116-94 are appropriated, to remain available until expended, for mercury storage costs. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to remain available until expended, to be derived from the Nuclear Waste Fund. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $150,000,000, to remain available until expended: Provided, That of such amount, $25,000,000 shall be available until September 30, 2024, for program direction. Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2024: Provided, That in this fiscal year and subsequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy may also provide direct loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. Indian Energy Policy and Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), $110,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $18,000,000 shall be available until September 30, 2024, for program direction. Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), $357,906,000, to remain available until September 30, 2024, including the hire of zero emission passenger motor vehicles and supporting charging or fueling infrastructure, and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti- Deficiency Act (31 U.S.C. 1511 et seq. ): Office of the Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $92,000,000, to remain available until September 30, 2024. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), Naval Reactors (including transfer of funds) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,081,445,000, to remain available until expended, of which, $90,890,000 shall be transferred to ``Department of Energy--Energy Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided, That of such amount, $58,525,000 shall be available until September 30, 2024, for program direction. Defense Uranium Enrichment Decontamination and Decommissioning (including transfer of funds) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $579,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ``Uranium Enrichment Decontamination and Decommissioning Fund''. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for the Umatilla Hatchery Facility project and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided, That during fiscal year 2023, no new direct loan obligations may be made. 3302, up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 3302, up to $350,083,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. Federal Energy Regulatory Commission salaries and expenses For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), GENERAL PROVISIONS--DEPARTMENT OF ENERGY Sec. 2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided or modified during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made or modified. ( d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the ``Committee Recommendations'' column in the ``Department of Energy'' table included under the heading ``Title III--Department of Energy'' in the explanatory statement accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. ( g)(1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for fiscal year 2023. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. (c) For purposes of this section, the term ``property interest'' does not include any interest in intellectual property developed using funding provided under a project. 2) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)). ( 5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( d) Consent-Based Approval.--Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with-- (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. ( e) Applicability.--In executing this section, the Secretary shall comply with-- (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. ( Defense Nuclear Facilities Safety Board salaries and expenses For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100-456, section 1441, $41,936,000, to remain available until September 30, 2024. Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. 1501A-280), and an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non- Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $40,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $7,000,000, to remain available until expended. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,945,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2024. GENERAL PROVISIONS--INDEPENDENT AGENCIES Sec. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. ( b)(1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. ( (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. ( None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. ( c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. ( b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $373,075,000, to remain available until expended, of which $10,315,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $213,000,000, to remain available until September 30, 2024. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $450,000,000, to remain available until expended. water infrastructure finance and innovation program account For administrative expenses to carry out the direct and guaranteed loan programs authorized by the Water Infrastructure Finance and Innovation Act of 2014, $10,000,000, to remain available until September 30, 2024. GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL (including transfer of funds) Sec. (b) De Minimus Reprogrammings.--In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. ( None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide supporting charging or fueling infrastructure. b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. ( c) For purposes of this section, the term ``transfer'' means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading ``Bureau of Reclamation-- Water and Related Resources'' shall be expended for the programs, projects, and activities specified in the ``Committee Recommendation'' columns in the ``Water and Related Resources'' table included under the heading ``Title II--Department of the Interior'' in the explanatory statement accompanying this Act. ( b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ``Cleanup Program-- Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment Plan'' described in the report entitled ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'', prepared by the Department of the Interior, Bureau of Reclamation. (a) Title I of Public Law 108-361 (the CALFED Bay-Delta Authorization Act) (118 Stat. a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting ``2023'' for ``2022''. ( Energy Efficiency and Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $362,000,000, to remain available until expended: Provided, That of such amount, $21,000,000 shall be available until September 30, 2024, for program direction. Fossil Energy and Carbon Management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $880,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2024, for program direction. Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq. ), Non-Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one zero emission passenger motor vehicle, $373,583,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116-94 are appropriated, to remain available until expended, for mercury storage costs. Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to remain available until expended, to be derived from the Nuclear Waste Fund. Technology Transitions For Department of Energy expenses necessary for carrying out the activities of technology transitions, $21,558,000, to remain available until expended: Provided, That of such amount,$10,900,000 shall be available until September 30, 2024, for program direction. Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024. 3502(c)), $8,000,000, to remain available until expended: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,081,445,000, to remain available until expended, of which, $90,890,000 shall be transferred to ``Department of Energy--Energy Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided, That of such amount, $58,525,000 shall be available until September 30, 2024, for program direction. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $7,064,084,000, to remain available until expended: Provided, That of such amount, $317,002,000 shall be available until September 30, 2024, for program direction. Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. Federal Energy Regulatory Commission salaries and expenses For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. GENERAL PROVISIONS--DEPARTMENT OF ENERGY Sec. a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. ( (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made or modified. ( e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. ( 2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. All unavailable collections currently in the United States Enrichment Corporation Fund shall be transferred to and merged with the Uranium Enrichment Decontamination and Decommissioning Fund and shall be available only to the extent provided in advance in appropriations Acts. Subparagraphs (B) and (C) of section 40401(a)(2) of Public Law 117-58, paragraph (3) of section 16512(r) of title 42, United States Code, and section (l) of section 17013 of title 42, United States Code, shall not apply for fiscal year 2023. 2) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). ( d) Consent-Based Approval.--Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with-- (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. ( e) Applicability.--In executing this section, the Secretary shall comply with-- (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. ( h) Use of Nuclear Waste Fund.--The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. 14704, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $200,000,000, to remain available until expended. Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $40,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $7,000,000, to remain available until expended. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,945,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2024. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. ( (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. ( c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ( ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one zero emission passenger motor vehicle, $373,583,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116-94 are appropriated, to remain available until expended, for mercury storage costs. Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. ), ( ( e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. ( (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. ( c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. ( a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting ``2023'' for ``2022''. ( ), SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq. ), ), Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), ), 3302, up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. ( e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. ( Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for fiscal year 2023. ( g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,945,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2024. b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ( ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one zero emission passenger motor vehicle, $373,583,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116-94 are appropriated, to remain available until expended, for mercury storage costs. Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. ), ( ( e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. ( (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. ( c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ), ), Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), ), Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. ( e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. ( ( g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ( ), ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. ( ( b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ), ), Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq. ), ), Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. ( e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. ( ( g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ( ), ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. ( ( b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ), ), ), ), Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. ( g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. ( Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended.

11,245

12,168

H.R.4686

International Affairs

Cambodia Democracy Act of 2021 This bill directs the President to impose sanctions on individuals responsible for acts to undermine democracy in Cambodia, including acts that constituted serious human rights violations. The sanctions shall be directed at senior Cambodian government, military, or security forces officials responsible for such actions, as well as entities controlled or owned by such individuals. The sanctions shall include blocking assets and restricting the entry of sanctioned individuals into the United States, and shall not apply to the importation of goods. The President may waive the sanctions with respect to a person or entity if it is in the national interest of the United States. The President may suspend the sanctions if Cambodia makes meaningful progress toward ending government efforts to undermine democracy or committing human rights violations.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cambodia Democracy Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Prime Minister Hun Sen has been in power in Cambodia since 1985 and is the longest-serving leader in Southeast Asia. Despite decades of international attention and assistance to promote a pluralistic, multi-party democratic system in Cambodia, the Government of Cambodia continues to be undemocratically dominated by the ruling Cambodia People's Party (CPP), which controls every agency and security apparatus of the state. (2) The Government of Cambodia has taken several measures, particularly since 2017 and during the COVID-19 pandemic, to restrict Cambodia's space for civil society and media environment, especially through politicized tax investigations against independent media outlets. (3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. Starting in November 2020, the Government of Cambodia has held a series of mass trials for over 100 individuals affiliated with the CNRP. (5) Since 1991, the elections that have taken place in Cambodia were conducted in circumstances that were not free, fair, and credible or were marked by fraud, intimidation, violence, and the government's misuse of legal mechanisms to weaken opposition candidates and parties. (6) The United States is committed to promoting democracy, human rights, and the rule of law in Cambodia. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA. (a) Designation of Persons Responsible for Undermining Democracy in Cambodia.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall designate and transmit to the appropriate congressional committees a list of-- (A) each senior official of the government, military, or security forces of Cambodia who the President determines has directly and substantially undermined democracy in Cambodia; (B) each senior official of the government, military, or security forces of Cambodia who the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia; and (C) entities owned or controlled by senior officials of the government, military, or security forces of Cambodia described in subparagraphs (A) and (B). (2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). (3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (c) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined.--In this subsection, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. SEC. 4. SUSPENSION OF SANCTIONS. (a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. (2) Ending human rights violations associated with undermining democracy. (3) Conducting free and fair elections which allow for the active participation of credible opposition candidates. (b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 6. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Cambodia Democracy Act of 2021

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes.

Cambodia Democracy Act of 2021 Cambodia Democracy Act of 2021 Cambodia Democracy Act of 2021

Rep. Chabot, Steve

R

OH

This bill directs the President to impose sanctions on individuals responsible for acts to undermine democracy in Cambodia, including acts that constituted serious human rights violations. The sanctions shall be directed at senior Cambodian government, military, or security forces officials responsible for such actions, as well as entities controlled or owned by such individuals. The sanctions shall include blocking assets and restricting the entry of sanctioned individuals into the United States, and shall not apply to the importation of goods. The President may waive the sanctions with respect to a person or entity if it is in the national interest of the United States. The President may suspend the sanctions if Cambodia makes meaningful progress toward ending government efforts to undermine democracy or committing human rights violations.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. (2) Ending human rights violations associated with undermining democracy. 5. DETERMINATION OF BUDGETARY EFFECTS. 6. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. 5. DETERMINATION OF BUDGETARY EFFECTS. 6. SEC. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. SHORT TITLE. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. FINDINGS. (2) The Government of Cambodia has taken several measures, particularly since 2017 and during the COVID-19 pandemic, to restrict Cambodia's space for civil society and media environment, especially through politicized tax investigations against independent media outlets. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. (a) Designation of Persons Responsible for Undermining Democracy in Cambodia.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall designate and transmit to the appropriate congressional committees a list of-- (A) each senior official of the government, military, or security forces of Cambodia who the President determines has directly and substantially undermined democracy in Cambodia; (B) each senior official of the government, military, or security forces of Cambodia who the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia; and (C) entities owned or controlled by senior officials of the government, military, or security forces of Cambodia described in subparagraphs (A) and (B). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. (2) Ending human rights violations associated with undermining democracy. 5. DETERMINATION OF BUDGETARY EFFECTS. 6. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Attest: CHERYL L. JOHNSON, Clerk.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. SHORT TITLE. This Act may be cited as the ``Cambodia Democracy Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Prime Minister Hun Sen has been in power in Cambodia since 1985 and is the longest-serving leader in Southeast Asia. (2) The Government of Cambodia has taken several measures, particularly since 2017 and during the COVID-19 pandemic, to restrict Cambodia's space for civil society and media environment, especially through politicized tax investigations against independent media outlets. On November 16, 2017, Cambodia's Supreme Court dissolved the CNRP, eliminating the primary opposition party. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. (4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. Starting in November 2020, the Government of Cambodia has held a series of mass trials for over 100 individuals affiliated with the CNRP. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. (a) Designation of Persons Responsible for Undermining Democracy in Cambodia.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall designate and transmit to the appropriate congressional committees a list of-- (A) each senior official of the government, military, or security forces of Cambodia who the President determines has directly and substantially undermined democracy in Cambodia; (B) each senior official of the government, military, or security forces of Cambodia who the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia; and (C) entities owned or controlled by senior officials of the government, military, or security forces of Cambodia described in subparagraphs (A) and (B). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. 1702 and 1704) to carry out this section. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. SUSPENSION OF SANCTIONS. (2) Ending human rights violations associated with undermining democracy. (3) Conducting free and fair elections which allow for the active participation of credible opposition candidates. 5. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 6. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; or (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Attest: CHERYL L. JOHNSON, Clerk.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. ( 4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. 2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). ( 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. ( 4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. 2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). ( 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. The CNRP's previous leader, Sam Rainsy, remains in unofficial exile, and has been prevented from returning to the country. ( 4) Since the CNRP's dissolution, the Government of Cambodia has arrested, imprisoned, or brought politically motivated charges against CNRP leaders and activists. 2) Imposition of sanctions.--The President shall impose the sanctions described in subsection (b) on each foreign person designated pursuant to paragraph (1). ( 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person designated under subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. ( B) Current visas revoked.--A foreign person designated under subsection (a) is subject to the following: (i) In general.--The foreign person is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. (e) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity. Passed the House of Representatives September 28, 2021.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) On September 3, 2017, Kem Sokha, the President of the Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges and faces up to 30 years in prison. While Kem Sokha is no longer in prison, his movements are restricted, he is prohibited from engaging in political activity, and his charges remain pending. The United States continues to urge the Government of Cambodia to immediately drop charges against Kem Sokha, reinstate the political status of the CNRP and restore its elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free, fair, and credible elections monitored by international observers. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( (2) Inadmissibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--A foreign person designated under subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. ( (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( SUSPENSION OF SANCTIONS. ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ( B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a person designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ( ( b) Renewal of Suspension.--The suspension described in subsection (a) may be renewed for additional, consecutive-day periods if the President certifies to the appropriate congressional committees that Cambodia is continuing to make meaningful progress towards satisfying the conditions described in such subsection during the previous year. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (

To promote free and fair elections, political freedoms, and human rights in Cambodia, and for other purposes. 3) Updates.--The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available. ( ( (C) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( a) Suspension.--The sanctions described in section 3 may be suspended for up to 1-year upon certification by the President to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: (1) Ending government efforts to undermine democracy. ( The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.

11,246

11,260

H.R.7770

Labor and Employment

Life Saving Leave Act This bill expands employee medical leave to provide additional time for bone marrow or blood stem cell donations. Specifically, the bill expands leave under the Family and Medical Leave Act of 1993 (FMLA) to provide up to 40 hours of leave every 12 months for related predonation, donation, and postdonation activities. Under the bill, leave may be taken intermittently or on a reduced leave schedule. An employee has the option to substitute accrued paid vacation, personal, or sick leave for the unpaid FMLA time. The bill requires an employee to make a reasonable effort to schedule treatments for when the treatment would not unduly disrupt the employer's activities. Eligible employees may use this leave regardless of the employee's length of employment or the size of the employer.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Saving Leave Act''. SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE FOR BONE MARROW OR BLOOD STEM CELL DONATION. (a) In General.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) Entitlement to additional leave for bone marrow or blood stem cell donation.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph-- ``(i) for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant; ``(ii) for the making of such donation; and ``(iii) for postdonation activities relating to the making of such donation. ``(B) Limitations.-- ``(i) In general.--An eligible employee shall be entitled to a total of 40 hours of leave under this paragraph during any 12-month period. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. (c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. (d) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Bone marrow or blood stem cell donation leave.--An eligible employee may elect, but an employer may not require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(5) for any part of the 40 hours of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.''. (e) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(4) Notice relating to bone marrow or blood stem cell donation leave.--In any case in which the necessity for leave under subsection (a)(5) is foreseeable based on planned predonation, donation, or postdonation activities, the employee-- ``(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the relevant health care provider; and ``(B) shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.''. (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''. <all>

Life Saving Leave Act

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes.

Life Saving Leave Act

Rep. Phillips, Dean

D

MN

This bill expands employee medical leave to provide additional time for bone marrow or blood stem cell donations. Specifically, the bill expands leave under the Family and Medical Leave Act of 1993 (FMLA) to provide up to 40 hours of leave every 12 months for related predonation, donation, and postdonation activities. Under the bill, leave may be taken intermittently or on a reduced leave schedule. An employee has the option to substitute accrued paid vacation, personal, or sick leave for the unpaid FMLA time. The bill requires an employee to make a reasonable effort to schedule treatments for when the treatment would not unduly disrupt the employer's activities. Eligible employees may use this leave regardless of the employee's length of employment or the size of the employer.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Saving Leave Act''. SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE FOR BONE MARROW OR BLOOD STEM CELL DONATION. 2612(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) Entitlement to additional leave for bone marrow or blood stem cell donation.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph-- ``(i) for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant; ``(ii) for the making of such donation; and ``(iii) for postdonation activities relating to the making of such donation. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Bone marrow or blood stem cell donation leave.--An eligible employee may elect, but an employer may not require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(5) for any part of the 40 hours of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.''. (e) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(4) Notice relating to bone marrow or blood stem cell donation leave.--In any case in which the necessity for leave under subsection (a)(5) is foreseeable based on planned predonation, donation, or postdonation activities, the employee-- ``(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the relevant health care provider; and ``(B) shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.''. (f) Certification.--Section 103 of such Act (29 U.S.C. Bill Young Cell Transplantation Program.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE FOR BONE MARROW OR BLOOD STEM CELL DONATION. 2612(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) Entitlement to additional leave for bone marrow or blood stem cell donation.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph-- ``(i) for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant; ``(ii) for the making of such donation; and ``(iii) for postdonation activities relating to the making of such donation. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Bone marrow or blood stem cell donation leave.--An eligible employee may elect, but an employer may not require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(5) for any part of the 40 hours of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.''. (e) Notice.--Section 102(e) of such Act (29 U.S.C. (f) Certification.--Section 103 of such Act (29 U.S.C. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Saving Leave Act''. SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE FOR BONE MARROW OR BLOOD STEM CELL DONATION. (a) In General.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) Entitlement to additional leave for bone marrow or blood stem cell donation.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph-- ``(i) for predonation activities relating to the making of a donation of bone marrow or blood stem cells for transplant; ``(ii) for the making of such donation; and ``(iii) for postdonation activities relating to the making of such donation. ``(B) Limitations.-- ``(i) In general.--An eligible employee shall be entitled to a total of 40 hours of leave under this paragraph during any 12-month period. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. (c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. (d) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Bone marrow or blood stem cell donation leave.--An eligible employee may elect, but an employer may not require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subsection (a)(5) for any part of the 40 hours of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.''. (e) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(4) Notice relating to bone marrow or blood stem cell donation leave.--In any case in which the necessity for leave under subsection (a)(5) is foreseeable based on planned predonation, donation, or postdonation activities, the employee-- ``(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the relevant health care provider; and ``(B) shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.''. (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''. <all>

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

To amend the Family and Medical Leave Act of 1993 to permit additional leave for bone marrow or blood stem cell donation, and for other purposes. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection.''. (b) Definition of Eligible Employee.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following: ``(F) Employees requesting bone marrow or blood stem cell leave.--The requirements of subparagraphs (A) and (B)(ii) shall not apply with respect to leave under section 102(a)(5).''. ( c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. ( f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Relating to Bone Marrow or Blood Stem Cell Donation Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued by a contractor of the registry functions of the C.W. Bill Young Cell Transplantation Program.''.

11,247

9,242

H.R.6322

Armed Forces and National Security

VA Safe Holidays Act This bill requires the Department of Veterans Affairs (VA) to annually conduct outreach for a 10-week period starting on November 1 to veterans to promote the Veteran Identity Theft Helpline and identify other identity theft resources available to veterans and beneficiaries of VA programs. The VA must submit a plan to Congress detailing its efforts to promote identity theft awareness and to assist veterans and VA program beneficiaries who experience identity theft.

To direct the Secretary of Veterans Affairs to conduct outreach to veterans regarding identity theft 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 ``VA Safe Holidays Act''. SEC. 2. OUTREACH TO VETERANS REGARDING IDENTITY THEFT RESOURCES. (a) Requirement.--Subchapter III of chapter 57 of title 38, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): ``Sec. 5729. Outreach to veterans regarding identity theft resources ``Every year during the 10-week period beginning November 1, the Secretary shall conduct outreach to veterans to-- ``(1) promote the Veteran Identity Theft Helpline of the Department (or successor resource); and ``(2) identify other identity theft resources available to veterans and beneficiaries of programs administered by the Secretary, including with respect to actions made by the Secretary to protect the identities of veterans and beneficiaries.''. (b) Plan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a plan detailing the efforts of the Secretary to promote identity theft awareness and to assist veterans and beneficiaries of programs administered by the Secretary who experience identity theft. <all>

VA Safe Holidays Act

To direct the Secretary of Veterans Affairs to conduct outreach to veterans regarding identity theft resources, and for other purposes.

VA Safe Holidays Act

Rep. Stefanik, Elise M.

R

NY

This bill requires the Department of Veterans Affairs (VA) to annually conduct outreach for a 10-week period starting on November 1 to veterans to promote the Veteran Identity Theft Helpline and identify other identity theft resources available to veterans and beneficiaries of VA programs. The VA must submit a plan to Congress detailing its efforts to promote identity theft awareness and to assist veterans and VA program beneficiaries who experience identity theft.

To direct the Secretary of Veterans Affairs to conduct outreach to veterans regarding identity theft 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 ``VA Safe Holidays Act''. SEC. 2. OUTREACH TO VETERANS REGARDING IDENTITY THEFT RESOURCES. (a) Requirement.--Subchapter III of chapter 57 of title 38, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): ``Sec. 5729. Outreach to veterans regarding identity theft resources ``Every year during the 10-week period beginning November 1, the Secretary shall conduct outreach to veterans to-- ``(1) promote the Veteran Identity Theft Helpline of the Department (or successor resource); and ``(2) identify other identity theft resources available to veterans and beneficiaries of programs administered by the Secretary, including with respect to actions made by the Secretary to protect the identities of veterans and beneficiaries.''. (b) Plan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a plan detailing the efforts of the Secretary to promote identity theft awareness and to assist veterans and beneficiaries of programs administered by the Secretary who experience identity theft. <all>

To direct the Secretary of Veterans Affairs to conduct outreach to veterans regarding identity theft resources, and for other purposes. Outreach to veterans regarding identity theft resources ``Every year during the 10-week period beginning November 1, the Secretary shall conduct outreach to veterans to-- ``(1) promote the Veteran Identity Theft Helpline of the Department (or successor resource); and ``(2) identify other identity theft resources available to veterans and beneficiaries of programs administered by the Secretary, including with respect to actions made by the Secretary to protect the identities of veterans and beneficiaries.''. (

11,248

6,519

H.R.8634

Labor and Employment

This bill expands career services and training programs under the Workforce Innovation and Opportunity Act to include skills and information on entrepreneurship. Further, the bill requires the Department of Labor to conduct a three-year multistate study on entrepreneurial skills development programs and make recommendations for states and local communities to expand access to such programs.

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STATE WORKFORCE DEVELOPMENT BOARD. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. SEC. 2. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES. Section 122(a)(2)(C) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. SEC. 3. REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES. Section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)) is amended-- (1) in clause (iv)-- (A) in subclause (I)-- (i) in item (aa), by striking ``; and'' and inserting a semicolon; and (ii) by adding at the end the following: ``(cc) provision of information on entrepreneurship, as appropriate; and''; (B) in subclause (II), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(III) referral to microenterprise services, as appropriate;''; (2) in clause (vi)-- (A) in subclause (I), by inserting ``, which may include resources to support entrepreneurship,'' after ``listings''; and (B) in subclause (III), by inserting ``, which may include entrepreneurship opportunities,'' after ``demand''; and (3) in clause (xiii), by inserting ``or entrepreneurial opportunities'' after ``workplace''. SEC. 4. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is amended-- (1) in subsection (b)-- (A) in paragraph (4)-- (i) by redesignating subparagraph (K) as subparagraph (L); and (ii) by inserting after subparagraph (J) the following: ``(K) Study on entrepreneurial skills development programs.--The Secretary shall, through a grant or contract, conduct a three-year multistate study on entrepreneurial skills development programs, which shall include the following: ``(i) A review of-- ``(I) successful practices for developing entrepreneurial skills of individuals; ``(II) evidence-based and other best practices for mentoring potential entrepreneurs; ``(III) the qualifications needed for skills development providers to successfully develop the entrepreneurial skills of individuals; ``(IV) strategies for engaging employers and other private sector partners; ``(V) such program outcomes that correlate with entrepreneurial success; ``(VI) how such programs successfully measure the progress of participants in such programs; ``(VII) the extent to which such programs lead to industry recognized credentials; ``(VIII) the impact, including the economic impact, of such programs on States and local communities; ``(IX) the extent to which such programs affect business development and job creation in States and local communities; ``(X) how such programs identify potential program participants' readiness for the program; and ``(XI) the average earnings of participants who complete such a program three years after the date of completion of such program. ``(ii) Recommendations for States and local communities to expand access to such programs.''; and (B) in paragraph (5)(A), by inserting ``which shall include individuals pursuing entrepreneurship,'' after ``particular service populations,''; and (2) in subsection (c), by striking the third sentence and inserting the following: ``Such projects may include demonstration and pilot projects relating to promoting self- employment, promoting entrepreneurship, promoting job creation (especially for in-demand industry sectors or occupations), averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, developing career pathways and encouraging advancements, and promoting public works.''. <all>

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes.

Rep. Allen, Rick W.

R

GA

This bill expands career services and training programs under the Workforce Innovation and Opportunity Act to include skills and information on entrepreneurship. Further, the bill requires the Department of Labor to conduct a three-year multistate study on entrepreneurial skills development programs and make recommendations for states and local communities to expand access to such programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. 3. REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES. 3174(c)(2)(A)) is amended-- (1) in clause (iv)-- (A) in subclause (I)-- (i) in item (aa), by striking ``; and'' and inserting a semicolon; and (ii) by adding at the end the following: ``(cc) provision of information on entrepreneurship, as appropriate; and''; (B) in subclause (II), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(III) referral to microenterprise services, as appropriate;''; (2) in clause (vi)-- (A) in subclause (I), by inserting ``, which may include resources to support entrepreneurship,'' after ``listings''; and (B) in subclause (III), by inserting ``, which may include entrepreneurship opportunities,'' after ``demand''; and (3) in clause (xiii), by inserting ``or entrepreneurial opportunities'' after ``workplace''. SEC. 4. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is amended-- (1) in subsection (b)-- (A) in paragraph (4)-- (i) by redesignating subparagraph (K) as subparagraph (L); and (ii) by inserting after subparagraph (J) the following: ``(K) Study on entrepreneurial skills development programs.--The Secretary shall, through a grant or contract, conduct a three-year multistate study on entrepreneurial skills development programs, which shall include the following: ``(i) A review of-- ``(I) successful practices for developing entrepreneurial skills of individuals; ``(II) evidence-based and other best practices for mentoring potential entrepreneurs; ``(III) the qualifications needed for skills development providers to successfully develop the entrepreneurial skills of individuals; ``(IV) strategies for engaging employers and other private sector partners; ``(V) such program outcomes that correlate with entrepreneurial success; ``(VI) how such programs successfully measure the progress of participants in such programs; ``(VII) the extent to which such programs lead to industry recognized credentials; ``(VIII) the impact, including the economic impact, of such programs on States and local communities; ``(IX) the extent to which such programs affect business development and job creation in States and local communities; ``(X) how such programs identify potential program participants' readiness for the program; and ``(XI) the average earnings of participants who complete such a program three years after the date of completion of such program. ``(ii) Recommendations for States and local communities to expand access to such programs. ''; and (B) in paragraph (5)(A), by inserting ``which shall include individuals pursuing entrepreneurship,'' after ``particular service populations,''; and (2) in subsection (c), by striking the third sentence and inserting the following: ``Such projects may include demonstration and pilot projects relating to promoting self- employment, promoting entrepreneurship, promoting job creation (especially for in-demand industry sectors or occupations), averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, developing career pathways and encouraging advancements, and promoting public works.''.

2. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. 3. 3174(c)(2)(A)) is amended-- (1) in clause (iv)-- (A) in subclause (I)-- (i) in item (aa), by striking ``; and'' and inserting a semicolon; and (ii) by adding at the end the following: ``(cc) provision of information on entrepreneurship, as appropriate; and''; (B) in subclause (II), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(III) referral to microenterprise services, as appropriate;''; (2) in clause (vi)-- (A) in subclause (I), by inserting ``, which may include resources to support entrepreneurship,'' after ``listings''; and (B) in subclause (III), by inserting ``, which may include entrepreneurship opportunities,'' after ``demand''; and (3) in clause (xiii), by inserting ``or entrepreneurial opportunities'' after ``workplace''. SEC. 4. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(ii) Recommendations for States and local communities to expand access to such programs. ''; and (B) in paragraph (5)(A), by inserting ``which shall include individuals pursuing entrepreneurship,'' after ``particular service populations,''; and (2) in subsection (c), by striking the third sentence and inserting the following: ``Such projects may include demonstration and pilot projects relating to promoting self- employment, promoting entrepreneurship, promoting job creation (especially for in-demand industry sectors or occupations), averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, developing career pathways and encouraging advancements, and promoting public works.''.

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STATE WORKFORCE DEVELOPMENT BOARD. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. SEC. 2. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES. Section 122(a)(2)(C) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. SEC. 3. REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES. Section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)) is amended-- (1) in clause (iv)-- (A) in subclause (I)-- (i) in item (aa), by striking ``; and'' and inserting a semicolon; and (ii) by adding at the end the following: ``(cc) provision of information on entrepreneurship, as appropriate; and''; (B) in subclause (II), by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(III) referral to microenterprise services, as appropriate;''; (2) in clause (vi)-- (A) in subclause (I), by inserting ``, which may include resources to support entrepreneurship,'' after ``listings''; and (B) in subclause (III), by inserting ``, which may include entrepreneurship opportunities,'' after ``demand''; and (3) in clause (xiii), by inserting ``or entrepreneurial opportunities'' after ``workplace''. SEC. 4. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is amended-- (1) in subsection (b)-- (A) in paragraph (4)-- (i) by redesignating subparagraph (K) as subparagraph (L); and (ii) by inserting after subparagraph (J) the following: ``(K) Study on entrepreneurial skills development programs.--The Secretary shall, through a grant or contract, conduct a three-year multistate study on entrepreneurial skills development programs, which shall include the following: ``(i) A review of-- ``(I) successful practices for developing entrepreneurial skills of individuals; ``(II) evidence-based and other best practices for mentoring potential entrepreneurs; ``(III) the qualifications needed for skills development providers to successfully develop the entrepreneurial skills of individuals; ``(IV) strategies for engaging employers and other private sector partners; ``(V) such program outcomes that correlate with entrepreneurial success; ``(VI) how such programs successfully measure the progress of participants in such programs; ``(VII) the extent to which such programs lead to industry recognized credentials; ``(VIII) the impact, including the economic impact, of such programs on States and local communities; ``(IX) the extent to which such programs affect business development and job creation in States and local communities; ``(X) how such programs identify potential program participants' readiness for the program; and ``(XI) the average earnings of participants who complete such a program three years after the date of completion of such program. ``(ii) Recommendations for States and local communities to expand access to such programs.''; and (B) in paragraph (5)(A), by inserting ``which shall include individuals pursuing entrepreneurship,'' after ``particular service populations,''; and (2) in subsection (c), by striking the third sentence and inserting the following: ``Such projects may include demonstration and pilot projects relating to promoting self- employment, promoting entrepreneurship, promoting job creation (especially for in-demand industry sectors or occupations), averting dislocations, assisting dislocated farmers, assisting dislocated fishermen, developing career pathways and encouraging advancements, and promoting public works.''. <all>

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(ii) Recommendations for States and local communities to expand access to such programs.

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 122(a)(2)(C) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. ``(ii) Recommendations for States and local communities to expand access to such programs. '';

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(ii) Recommendations for States and local communities to expand access to such programs.

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 122(a)(2)(C) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. ``(ii) Recommendations for States and local communities to expand access to such programs. '';

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(ii) Recommendations for States and local communities to expand access to such programs.

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 122(a)(2)(C) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. ``(ii) Recommendations for States and local communities to expand access to such programs. '';

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(ii) Recommendations for States and local communities to expand access to such programs.

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 122(a)(2)(C) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(C)) is amended by inserting ``and providers of entrepreneurial skills development programs'' after ``organizations''. ``(ii) Recommendations for States and local communities to expand access to such programs. '';

To amend the Workforce Innovation and Opportunity Act to authorize a study to review specific outcomes of entrepreneurial skills development programs, and for other purposes. Section 101(d)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111(d)(3)(D)) is amended-- (1) by striking ``and jobseekers'' and inserting ``jobseekers, and entrepreneurs''; and (2) by inserting ``and entrepreneurial skills development and microenterprise services'' after ``occupations''. EVALUATIONS AND RESEARCH. Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(ii) Recommendations for States and local communities to expand access to such programs.

11,249

9,212

H.R.4535

Social Welfare

Helping Americans Succeed by Measuring Outcomes Act This bill establishes certain performance measures for states receiving Temporary Assistance for Needy Families (TANF) program grants. It also requires states to specify how they will allow for transitional periods of benefits for recipients who become ineligible for TANF benefits due to employment or an increase in wages.

To amend title IV-A of the Social Security Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Americans Succeed by Measuring Outcomes Act''. SEC. 2. PROMOTING ACCOUNTABILITY BY MEASURING WORK OUTCOMES. (a) In General.--Section 407 of the Social Security Act (42 U.S.C. 607), as amended by subsection (c) of this section, is amended by inserting before subsection (b) the following: ``(a) Performance Accountability and Work Outcomes.-- ``(1) Purpose.--The purpose of this subsection is to provide for the establishment of performance accountability measures to assess the effectiveness of States in increasing employment, retention, and advancement among families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures. ``(2) In general.--A State to which a grant is made under section 403 for a fiscal year shall achieve the requisite level of performance on an indicator described in paragraph (3)(B) of this subsection for the fiscal year. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(B) Indicators of performance.--The indicators described in this subparagraph, for a fiscal year, are the following: ``(i) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(iii) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. ``(iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. ``(C) Levels of performance.-- ``(i) In general.--For each State submitting a State plan pursuant to section 402(a), there shall be established, in accordance with this subparagraph, levels of performance for each of the indicators described in subparagraph (B) of this paragraph. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(II) 25 percent, in the case of the indicator described in subparagraph (B)(ii)(II). ``(III) 25 percent, in the case of the indicator described in subparagraph (B)(iii). ``(IV) 10 percent, in the case of the indicator described in subparagraph (B)(iv). ``(iii) Agreement on requisite performance level for each indicator.-- ``(I) In general.--The Secretary and the State shall jointly establish the requisite level of performance for the State with respect to each indicator described in clause (ii) beginning with fiscal year 2024, and shall do so before the beginning of the fiscal year involved. ``(II) Requirements in establishing performance levels.--In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in economic conditions, including differences in unemployment rates or employment losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). ``(vi) Definition of exit.--In this subsection, the term `exit' means, with respect to a State program funded under this part, ceases to receive assistance under the program. ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. SEC. 3. TRANSITIONAL PHASE-OUT OF BENEFITS FOR FAMILIES TO SUPPORT SUCCESS IN WORK. Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2022. <all>

Helping Americans Succeed by Measuring Outcomes Act

To amend title IV-A of the Social Security Act, and for other purposes.

Helping Americans Succeed by Measuring Outcomes Act

Rep. Reed, Tom

R

NY

This bill establishes certain performance measures for states receiving Temporary Assistance for Needy Families (TANF) program grants. It also requires states to specify how they will allow for transitional periods of benefits for recipients who become ineligible for TANF benefits due to employment or an increase in wages.

SHORT TITLE. 2. 607), as amended by subsection (c) of this section, is amended by inserting before subsection (b) the following: ``(a) Performance Accountability and Work Outcomes.-- ``(1) Purpose.--The purpose of this subsection is to provide for the establishment of performance accountability measures to assess the effectiveness of States in increasing employment, retention, and advancement among families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(III) 25 percent, in the case of the indicator described in subparagraph (B)(iii). ``(IV) 10 percent, in the case of the indicator described in subparagraph (B)(iv). ``(II) Requirements in establishing performance levels.--In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in economic conditions, including differences in unemployment rates or employment losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. TRANSITIONAL PHASE-OUT OF BENEFITS FOR FAMILIES TO SUPPORT SUCCESS IN WORK. Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. SEC. 4. EFFECTIVE DATE.

SHORT TITLE. 2. 607), as amended by subsection (c) of this section, is amended by inserting before subsection (b) the following: ``(a) Performance Accountability and Work Outcomes.-- ``(1) Purpose.--The purpose of this subsection is to provide for the establishment of performance accountability measures to assess the effectiveness of States in increasing employment, retention, and advancement among families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(III) 25 percent, in the case of the indicator described in subparagraph (B)(iii). ``(IV) 10 percent, in the case of the indicator described in subparagraph (B)(iv). ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. TRANSITIONAL PHASE-OUT OF BENEFITS FOR FAMILIES TO SUPPORT SUCCESS IN WORK. Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. SEC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Americans Succeed by Measuring Outcomes Act''. 2. 607), as amended by subsection (c) of this section, is amended by inserting before subsection (b) the following: ``(a) Performance Accountability and Work Outcomes.-- ``(1) Purpose.--The purpose of this subsection is to provide for the establishment of performance accountability measures to assess the effectiveness of States in increasing employment, retention, and advancement among families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(III) 25 percent, in the case of the indicator described in subparagraph (B)(iii). ``(IV) 10 percent, in the case of the indicator described in subparagraph (B)(iv). ``(II) Requirements in establishing performance levels.--In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in economic conditions, including differences in unemployment rates or employment losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(vi) Definition of exit.--In this subsection, the term `exit' means, with respect to a State program funded under this part, ceases to receive assistance under the program. ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. TRANSITIONAL PHASE-OUT OF BENEFITS FOR FAMILIES TO SUPPORT SUCCESS IN WORK. Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Americans Succeed by Measuring Outcomes Act''. 2. PROMOTING ACCOUNTABILITY BY MEASURING WORK OUTCOMES. (a) In General.--Section 407 of the Social Security Act (42 U.S.C. 607), as amended by subsection (c) of this section, is amended by inserting before subsection (b) the following: ``(a) Performance Accountability and Work Outcomes.-- ``(1) Purpose.--The purpose of this subsection is to provide for the establishment of performance accountability measures to assess the effectiveness of States in increasing employment, retention, and advancement among families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures. ``(2) In general.--A State to which a grant is made under section 403 for a fiscal year shall achieve the requisite level of performance on an indicator described in paragraph (3)(B) of this subsection for the fiscal year. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. ``(C) Levels of performance.-- ``(i) In general.--For each State submitting a State plan pursuant to section 402(a), there shall be established, in accordance with this subparagraph, levels of performance for each of the indicators described in subparagraph (B) of this paragraph. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(III) 25 percent, in the case of the indicator described in subparagraph (B)(iii). ``(IV) 10 percent, in the case of the indicator described in subparagraph (B)(iv). ``(iii) Agreement on requisite performance level for each indicator.-- ``(I) In general.--The Secretary and the State shall jointly establish the requisite level of performance for the State with respect to each indicator described in clause (ii) beginning with fiscal year 2024, and shall do so before the beginning of the fiscal year involved. ``(II) Requirements in establishing performance levels.--In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in economic conditions, including differences in unemployment rates or employment losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). ``(vi) Definition of exit.--In this subsection, the term `exit' means, with respect to a State program funded under this part, ceases to receive assistance under the program. ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. TRANSITIONAL PHASE-OUT OF BENEFITS FOR FAMILIES TO SUPPORT SUCCESS IN WORK. Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(2) In general.--A State to which a grant is made under section 403 for a fiscal year shall achieve the requisite level of performance on an indicator described in paragraph (3)(B) of this subsection for the fiscal year. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. ``(II) 25 percent, in the case of the indicator described in subparagraph (B)(ii)(II). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(iii) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(2) In general.--A State to which a grant is made under section 403 for a fiscal year shall achieve the requisite level of performance on an indicator described in paragraph (3)(B) of this subsection for the fiscal year. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. ``(II) 25 percent, in the case of the indicator described in subparagraph (B)(ii)(II). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(iii) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(2) In general.--A State to which a grant is made under section 403 for a fiscal year shall achieve the requisite level of performance on an indicator described in paragraph (3)(B) of this subsection for the fiscal year. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(ii) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd and 4th quarters after the exit. ``(iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. ``(II) 25 percent, in the case of the indicator described in subparagraph (B)(ii)(II). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(iii) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(iii) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. ``(ii) Weight.--The weight assigned to such an indicator shall be the following: ``(I) 40 percent, in the case of the indicator described in subparagraph (B)(i). ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)). 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

To amend title IV-A of the Social Security Act, and for other purposes. ``(3) Measuring state performance.-- ``(A) In general.--Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. ``(D) Regulations.--In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this subsection and a template for performance reports to be used by all States.''. 602(a)(1)(B)) is amended by adding at the end the following: ``(vi) The document shall include a description of how the State allows for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through the employment or through an increase in wages.''. The amendments made by this Act shall take effect on October 1, 2022.

11,250

9,546

H.R.3771

Health

South Asian Heart Health Awareness and Research Act of 2022 This bill authorizes the Department of Health and Human Services to establish programs that support heart-disease research and awareness among communities disproportionately affected by heart disease, including the South Asian population of the United States. The programs include (1) grants to states for awareness initiatives and educational materials; and (2) research regarding heart disease, type 2 diabetes, and other heart health-related ailments with respect to the South Asian population and other at-risk populations.

To amend the Public Health Service Act to provide for research and improvement of cardiovascular health among the South Asian population 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 ``South Asian Heart Health Awareness and Research Act of 2022''. SEC. 2. HEART HEALTH PROMOTION GRANTS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317U (42 U.S.C. 247b-23) the following new section: ``SEC. 317V. HEART HEALTH PROMOTION GRANTS. ``(a) In General.--The Secretary may make grants to States for the purpose of promoting awareness of the increasing prevalence of heart disease, including, where appropriate, its relationship to type 2 diabetes, in communities disproportionately affected by heart disease such as South Asian communities in the United States. ``(b) Use of Funds.--A State that receives a grant under subsection (a) shall use such grant funds-- ``(1) to develop culturally appropriate materials on evidence-based heart health promotion topics, such as nutrition education, optimal diet plans, and programs for regular exercise; ``(2) to support heart health promotion activities of community organizations that work with or serve communities disproportionately affected by heart disease, such as South Asian communities in the United States; or ``(3) to support, with respect to research conducted relating to heart disease, conferences and workshops on how practices, methodologies, and designs of such research should be changed to include in such research more members of communities disproportionately affected by heart disease, such as South Asian communities in the United States. ``(c) Reports to Congress.-- ``(1) Study on relationship between certain rates of morbidity and mortality as a result of heart disease in at-risk populations.-- ``(A) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies decline to enter into the agreement, another appropriate entity) under which the National Academies (or other appropriate entity) will conduct a study of the relationship between COVID-19 and rates of morbidity and mortality as a result of heart disease in at-risk populations, such as South Asian communities in the United States. ``(B) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the Congress a report on the results of the study under subsection (a). ``(2) Report on outreach.--Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report on outreach efforts and data relating to heart disease in communities disproportionately affected by heart disease, such as South Asian communities in the United States. ``(d) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. SEC. 3. HEART HEALTH RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following new section: ``SEC. 409K. HEART HEALTH RESEARCH. ``(a) In General.--The Secretary may-- ``(1) conduct or support research and related activities regarding cardiovascular disease, type 2 diabetes, and other heart health-related ailments among at-risk populations, including South Asian communities in the United States; and ``(2) establish an internet clearinghouse to catalog existing evidence-based heart health research and treatment options for communities disproportionately affected by heart disease, such as South Asian communities in the United States, to prevent, treat, or reverse heart disease and diabetes. ``(b) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. Passed the House of Representatives July 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

South Asian Heart Health Awareness and Research Act of 2022

To amend the Public Health Service Act to provide for research and improvement of cardiovascular health among the South Asian population of the United States, and for other purposes.

South Asian Heart Health Awareness and Research Act of 2022 South Asian Heart Health Awareness and Research Act of 2022 South Asian Heart Health Awareness and Research Act of 2021

Rep. Jayapal, Pramila

D

WA

This bill authorizes the Department of Health and Human Services to establish programs that support heart-disease research and awareness among communities disproportionately affected by heart disease, including the South Asian population of the United States. The programs include (1) grants to states for awareness initiatives and educational materials; and (2) research regarding heart disease, type 2 diabetes, and other heart health-related ailments with respect to the South Asian population and other at-risk populations.

To amend the Public Health Service Act to provide for research and improvement of cardiovascular health among the South Asian population 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. 2. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317U (42 U.S.C. 247b-23) the following new section: ``SEC. 317V. HEART HEALTH PROMOTION GRANTS. ``(a) In General.--The Secretary may make grants to States for the purpose of promoting awareness of the increasing prevalence of heart disease, including, where appropriate, its relationship to type 2 diabetes, in communities disproportionately affected by heart disease such as South Asian communities in the United States. ``(b) Use of Funds.--A State that receives a grant under subsection (a) shall use such grant funds-- ``(1) to develop culturally appropriate materials on evidence-based heart health promotion topics, such as nutrition education, optimal diet plans, and programs for regular exercise; ``(2) to support heart health promotion activities of community organizations that work with or serve communities disproportionately affected by heart disease, such as South Asian communities in the United States; or ``(3) to support, with respect to research conducted relating to heart disease, conferences and workshops on how practices, methodologies, and designs of such research should be changed to include in such research more members of communities disproportionately affected by heart disease, such as South Asian communities in the United States. ``(c) Reports to Congress.-- ``(1) Study on relationship between certain rates of morbidity and mortality as a result of heart disease in at-risk populations.-- ``(A) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies decline to enter into the agreement, another appropriate entity) under which the National Academies (or other appropriate entity) will conduct a study of the relationship between COVID-19 and rates of morbidity and mortality as a result of heart disease in at-risk populations, such as South Asian communities in the United States. ``(B) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the Congress a report on the results of the study under subsection (a). ``(d) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. SEC. 3. 284 et seq.) is amended by adding at the end the following new section: ``SEC. 409K. HEART HEALTH RESEARCH. Passed the House of Representatives July 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

2. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 317V. HEART HEALTH PROMOTION GRANTS. ``(a) In General.--The Secretary may make grants to States for the purpose of promoting awareness of the increasing prevalence of heart disease, including, where appropriate, its relationship to type 2 diabetes, in communities disproportionately affected by heart disease such as South Asian communities in the United States. ``(c) Reports to Congress.-- ``(1) Study on relationship between certain rates of morbidity and mortality as a result of heart disease in at-risk populations.-- ``(A) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies decline to enter into the agreement, another appropriate entity) under which the National Academies (or other appropriate entity) will conduct a study of the relationship between COVID-19 and rates of morbidity and mortality as a result of heart disease in at-risk populations, such as South Asian communities in the United States. ``(B) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the Congress a report on the results of the study under subsection (a). ``(d) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. SEC. 3. is amended by adding at the end the following new section: ``SEC. 409K. HEART HEALTH RESEARCH. Passed the House of Representatives July 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Public Health Service Act to provide for research and improvement of cardiovascular health among the South Asian population 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 ``South Asian Heart Health Awareness and Research Act of 2022''. SEC. 2. HEART HEALTH PROMOTION GRANTS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 317U (42 U.S.C. 247b-23) the following new section: ``SEC. 317V. HEART HEALTH PROMOTION GRANTS. ``(a) In General.--The Secretary may make grants to States for the purpose of promoting awareness of the increasing prevalence of heart disease, including, where appropriate, its relationship to type 2 diabetes, in communities disproportionately affected by heart disease such as South Asian communities in the United States. ``(b) Use of Funds.--A State that receives a grant under subsection (a) shall use such grant funds-- ``(1) to develop culturally appropriate materials on evidence-based heart health promotion topics, such as nutrition education, optimal diet plans, and programs for regular exercise; ``(2) to support heart health promotion activities of community organizations that work with or serve communities disproportionately affected by heart disease, such as South Asian communities in the United States; or ``(3) to support, with respect to research conducted relating to heart disease, conferences and workshops on how practices, methodologies, and designs of such research should be changed to include in such research more members of communities disproportionately affected by heart disease, such as South Asian communities in the United States. ``(c) Reports to Congress.-- ``(1) Study on relationship between certain rates of morbidity and mortality as a result of heart disease in at-risk populations.-- ``(A) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies decline to enter into the agreement, another appropriate entity) under which the National Academies (or other appropriate entity) will conduct a study of the relationship between COVID-19 and rates of morbidity and mortality as a result of heart disease in at-risk populations, such as South Asian communities in the United States. ``(B) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the Congress a report on the results of the study under subsection (a). ``(2) Report on outreach.--Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report on outreach efforts and data relating to heart disease in communities disproportionately affected by heart disease, such as South Asian communities in the United States. ``(d) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. SEC. 3. HEART HEALTH RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following new section: ``SEC. 409K. HEART HEALTH RESEARCH. ``(a) In General.--The Secretary may-- ``(1) conduct or support research and related activities regarding cardiovascular disease, type 2 diabetes, and other heart health-related ailments among at-risk populations, including South Asian communities in the United States; and ``(2) establish an internet clearinghouse to catalog existing evidence-based heart health research and treatment options for communities disproportionately affected by heart disease, such as South Asian communities in the United States, to prevent, treat, or reverse heart disease and diabetes. ``(b) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. Passed the House of Representatives July 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Public Health Service Act to provide for research and improvement of cardiovascular health among the South Asian population of the United States, and for other purposes. ``(a) In General.--The Secretary may make grants to States for the purpose of promoting awareness of the increasing prevalence of heart disease, including, where appropriate, its relationship to type 2 diabetes, in communities disproportionately affected by heart disease such as South Asian communities in the United States. ``(B) Report.--Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the Congress a report on the results of the study under subsection (a). ``(2) Report on outreach.--Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report on outreach efforts and data relating to heart disease in communities disproportionately affected by heart disease, such as South Asian communities in the United States. ``(b) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.''. Passed the House of Representatives July 27, 2022.

11,251

10,720

H.R.4107

Taxation

IRS Whistleblower Program Improvement Act of 2021 This bill modifies provisions of the Internal Revenue Code relating to whistleblower protections. Specifically, the bill

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Whistleblower Program Improvement Act of 2021''. SEC. 2. STANDARD AND SCOPE OF REVIEW OF WHISTLEBLOWER AWARD DETERMINATION. (a) In General.--Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appealed to'' and inserting ``reviewed by'', and (2) by adding at the end the following: ``Any review by the Tax Court under the preceding sentence shall be de novo and shall be based on the administrative record established at the time of the original determination and any additional newly discovered or previously unavailable evidence.''. (b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. SEC. 3. EXEMPTION FROM SEQUESTRATION. (a) In General.--Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. (b) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) after December 31, 2020. SEC. 4. WHISTLEBLOWER PRIVACY PROTECTIONS. (a) In General.--Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986, as amended by section 2, is further amended-- (1) by striking ``determination.--Any determination'' and inserting ``determination.-- ``(A) In general.--Any determination'', and (2) by adding at the end the following new subparagraph: ``(B) Presumption of anonymity.--For purposes of Rule 345(a) of the Tax Court Rules of Practice and Procedure (as in effect on the date of the enactment of the IRS Whistleblower Program Improvement Act of 2021), and any successor rule, with respect to any action under this paragraph there shall be a rebuttable presumption that a whistleblower would be subject to retaliation, physical harm, social and professional stigma, or economic distress which outweighs the counterbalancing societal interests in knowing the whistleblower's identity.''. (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. SEC. 5. MODIFICATION OF IRS WHISTLEBLOWER REPORT. (a) In General.--Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking ``such use,'' in paragraph (1) and inserting ``such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year),''. (b) Effective Date.-- The amendment made by this section shall apply to reports the due date for which are after the enactment of this Act. SEC. 6. INTEREST ON WHISTLEBLOWER AWARDS. (a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(C) Applicable date.--For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which-- ``(i) all of the proceeds resulting from actions subject to the award determination have been collected, and ``(ii) either-- ``(I) the statutory period for filing a claim for refund has expired, or ``(II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 7. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. (a) In General.--Section 7623 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Retention of Collected Proceeds to Fund Program Costs.-- ``(1) In general.--The Secretary may retain annually up to 3 percent of the amount of proceeds collected as a result of actions described in subsection (a) (including any related actions) or from any settlements in response to such actions to be used for program costs (within the meaning of section 6307(d)(2)) associated with administering the whistleblower programs under this section, including reimbursing the applicable divisions of the Internal Revenue Service for costs associated with investigating whistleblower claims, except that the amount so retained in any year shall not exceed $10,000,000. The Secretary shall keep adequate records regarding amounts so retained and used. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. (b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act. SEC. 8. CORRECTION REGARDING DEDUCTIONS FOR ATTORNEY'S FEES. (a) In General.--Section 62(a)(21)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``7623(b)'' and inserting ``7623''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. <all>

IRS Whistleblower Program Improvement Act of 2021

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes.

IRS Whistleblower Program Improvement Act of 2021

Rep. Thompson, Mike

D

CA

This bill modifies provisions of the Internal Revenue Code relating to whistleblower protections. Specifically, the bill

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. STANDARD AND SCOPE OF REVIEW OF WHISTLEBLOWER AWARD DETERMINATION. 3. EXEMPTION FROM SEQUESTRATION. (a) In General.--Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. 900 et seq.) after December 31, 2020. 4. (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. 5. MODIFICATION OF IRS WHISTLEBLOWER REPORT. (a) In General.--Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking ``such use,'' in paragraph (1) and inserting ``such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year),''. 6. INTEREST ON WHISTLEBLOWER AWARDS. ``(C) Applicable date.--For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which-- ``(i) all of the proceeds resulting from actions subject to the award determination have been collected, and ``(ii) either-- ``(I) the statutory period for filing a claim for refund has expired, or ``(II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved.''. 7. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. The Secretary shall keep adequate records regarding amounts so retained and used. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. (b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act. SEC. 8. CORRECTION REGARDING DEDUCTIONS FOR ATTORNEY'S FEES. (a) In General.--Section 62(a)(21)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``7623(b)'' and inserting ``7623''.

2. STANDARD AND SCOPE OF REVIEW OF WHISTLEBLOWER AWARD DETERMINATION. 3. EXEMPTION FROM SEQUESTRATION. (a) In General.--Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. 4. (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. 5. MODIFICATION OF IRS WHISTLEBLOWER REPORT. 6. INTEREST ON WHISTLEBLOWER AWARDS. ``(C) Applicable date.--For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which-- ``(i) all of the proceeds resulting from actions subject to the award determination have been collected, and ``(ii) either-- ``(I) the statutory period for filing a claim for refund has expired, or ``(II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved.''. 7. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. (b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act. SEC. CORRECTION REGARDING DEDUCTIONS FOR ATTORNEY'S FEES. (a) In General.--Section 62(a)(21)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``7623(b)'' and inserting ``7623''.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Whistleblower Program Improvement Act of 2021''. 2. STANDARD AND SCOPE OF REVIEW OF WHISTLEBLOWER AWARD DETERMINATION. (a) In General.--Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appealed to'' and inserting ``reviewed by'', and (2) by adding at the end the following: ``Any review by the Tax Court under the preceding sentence shall be de novo and shall be based on the administrative record established at the time of the original determination and any additional newly discovered or previously unavailable evidence.''. 3. EXEMPTION FROM SEQUESTRATION. (a) In General.--Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. 900 et seq.) after December 31, 2020. 4. WHISTLEBLOWER PRIVACY PROTECTIONS. (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. 5. MODIFICATION OF IRS WHISTLEBLOWER REPORT. (a) In General.--Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking ``such use,'' in paragraph (1) and inserting ``such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year),''. 6. INTEREST ON WHISTLEBLOWER AWARDS. ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(C) Applicable date.--For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which-- ``(i) all of the proceeds resulting from actions subject to the award determination have been collected, and ``(ii) either-- ``(I) the statutory period for filing a claim for refund has expired, or ``(II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved.''. 7. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. The Secretary shall keep adequate records regarding amounts so retained and used. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. (b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act. SEC. 8. CORRECTION REGARDING DEDUCTIONS FOR ATTORNEY'S FEES. (a) In General.--Section 62(a)(21)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``7623(b)'' and inserting ``7623''.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Whistleblower Program Improvement Act of 2021''. 2. STANDARD AND SCOPE OF REVIEW OF WHISTLEBLOWER AWARD DETERMINATION. (a) In General.--Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appealed to'' and inserting ``reviewed by'', and (2) by adding at the end the following: ``Any review by the Tax Court under the preceding sentence shall be de novo and shall be based on the administrative record established at the time of the original determination and any additional newly discovered or previously unavailable evidence.''. 3. EXEMPTION FROM SEQUESTRATION. (a) In General.--Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. 900 et seq.) after December 31, 2020. 4. WHISTLEBLOWER PRIVACY PROTECTIONS. (a) In General.--Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986, as amended by section 2, is further amended-- (1) by striking ``determination.--Any determination'' and inserting ``determination.-- ``(A) In general.--Any determination'', and (2) by adding at the end the following new subparagraph: ``(B) Presumption of anonymity.--For purposes of Rule 345(a) of the Tax Court Rules of Practice and Procedure (as in effect on the date of the enactment of the IRS Whistleblower Program Improvement Act of 2021), and any successor rule, with respect to any action under this paragraph there shall be a rebuttable presumption that a whistleblower would be subject to retaliation, physical harm, social and professional stigma, or economic distress which outweighs the counterbalancing societal interests in knowing the whistleblower's identity.''. (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. 5. MODIFICATION OF IRS WHISTLEBLOWER REPORT. (a) In General.--Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking ``such use,'' in paragraph (1) and inserting ``such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year),''. 6. INTEREST ON WHISTLEBLOWER AWARDS. ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(C) Applicable date.--For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which-- ``(i) all of the proceeds resulting from actions subject to the award determination have been collected, and ``(ii) either-- ``(I) the statutory period for filing a claim for refund has expired, or ``(II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved.''. 7. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. (a) In General.--Section 7623 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Retention of Collected Proceeds to Fund Program Costs.-- ``(1) In general.--The Secretary may retain annually up to 3 percent of the amount of proceeds collected as a result of actions described in subsection (a) (including any related actions) or from any settlements in response to such actions to be used for program costs (within the meaning of section 6307(d)(2)) associated with administering the whistleblower programs under this section, including reimbursing the applicable divisions of the Internal Revenue Service for costs associated with investigating whistleblower claims, except that the amount so retained in any year shall not exceed $10,000,000. The Secretary shall keep adequate records regarding amounts so retained and used. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. (b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act. SEC. 8. CORRECTION REGARDING DEDUCTIONS FOR ATTORNEY'S FEES. (a) In General.--Section 62(a)(21)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``7623(b)'' and inserting ``7623''.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. ( b) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. The Secretary shall keep adequate records regarding amounts so retained and used. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. ( b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. WHISTLEBLOWER PRIVACY PROTECTIONS. b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. ( b) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. The Secretary shall keep adequate records regarding amounts so retained and used. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. ( b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. WHISTLEBLOWER PRIVACY PROTECTIONS. b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. ( b) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. The Secretary shall keep adequate records regarding amounts so retained and used. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. ( b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. WHISTLEBLOWER PRIVACY PROTECTIONS. b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 905) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Awards to Whistleblowers.--An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''. ( b) Applicability.--The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) (b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. RETENTION OF COLLECTED PROCEEDS TO FUND PROGRAM COSTS. The Secretary shall keep adequate records regarding amounts so retained and used. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000.''. ( b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. WHISTLEBLOWER PRIVACY PROTECTIONS. b) Effective Date.--The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). ``(B) Exception.--No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. ``(3) Adjustment for inflation.--In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. b) Effective Date.--The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. b) Conforming Amendment.--The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking ``Appeal'' and inserting ``Review'', (c) Effective Date.--The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. a) In General.--Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: ``(5) Interest.-- ``(A) In general.--If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). ``(2) Coordination rules.--The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection.

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H.R.5351

International Affairs

Prioritizing Readiness and Competitiveness Act or the PRC Act This bill rescinds certain unexpended funds for activities in Afghanistan and transfers such funds for certain Department of Defense (DOD) activities. Specifically, the bill rescinds unexpended funds previously made available for various activities in Afghanistan, including for (1) maintaining security forces, (2) maintaining diplomatic personnel, (3) combatting corruption, and (4) reintegrating former Taliban members and other extremists. The President must transfer the rescinded funds to DOD for (1) activities to maintain or expand domestic industrial base capabilities essential for national defense, (2) the Navy's shipbuilding and conversion account, and (3) Defense Advanced Research Projects Agency activities for strengthening the U.S. advantage in strategic technologies.

To ensure the United States maintains a competitive edge over China, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Readiness and Competitiveness Act'' or the ``PRC Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that-- (1) great power competition with the People's Republic of China will define the future of the 21st century; (2) the People's Republic of China is a revisionist power that seeks to upend the international system in ways that are inimical to United States national interests; (3) great power competition with the People's Republic of China is global in nature and requires a whole-of-government response; (4) resilient domestic manufacturing, a strong and advanced United States Navy, and an innovative economy are critical to succeeding in great power competition; and (5) promoting and supporting new technological research and development will be necessary to maintain a competitive advantage and effectively combat hostile efforts by the Government of the People's Republic of China. SEC. 3. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). (2) The Shipbuilding and Conversion, Navy account of the Department of Defense. (3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of Unexpended Funds Dedicated to Maintaining a Military and Diplomatic Presence in Afghanistan.--The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. (2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. (4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (5) Of the unobligated balance of amounts made available to the Department of State for International Military Education and Training programs, all remaining funds relating to training personnel of the Afghan security forces. <all>

PRC Act

To ensure the United States maintains a competitive edge over China, and for other purposes.

PRC Act Prioritizing Readiness and Competitiveness Act

Rep. Hinson, Ashley

R

IA

This bill rescinds certain unexpended funds for activities in Afghanistan and transfers such funds for certain Department of Defense (DOD) activities. Specifically, the bill rescinds unexpended funds previously made available for various activities in Afghanistan, including for (1) maintaining security forces, (2) maintaining diplomatic personnel, (3) combatting corruption, and (4) reintegrating former Taliban members and other extremists. The President must transfer the rescinded funds to DOD for (1) activities to maintain or expand domestic industrial base capabilities essential for national defense, (2) the Navy's shipbuilding and conversion account, and (3) Defense Advanced Research Projects Agency activities for strengthening the U.S. advantage in strategic technologies.

To ensure the United States maintains a competitive edge over China, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Readiness and Competitiveness Act'' or the ``PRC Act''. STATEMENT OF POLICY. It is the policy of the United States that-- (1) great power competition with the People's Republic of China will define the future of the 21st century; (2) the People's Republic of China is a revisionist power that seeks to upend the international system in ways that are inimical to United States national interests; (3) great power competition with the People's Republic of China is global in nature and requires a whole-of-government response; (4) resilient domestic manufacturing, a strong and advanced United States Navy, and an innovative economy are critical to succeeding in great power competition; and (5) promoting and supporting new technological research and development will be necessary to maintain a competitive advantage and effectively combat hostile efforts by the Government of the People's Republic of China. SEC. 3. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). (2) The Shipbuilding and Conversion, Navy account of the Department of Defense. (3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. (4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (5) Of the unobligated balance of amounts made available to the Department of State for International Military Education and Training programs, all remaining funds relating to training personnel of the Afghan security forces.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Readiness and Competitiveness Act'' or the ``PRC Act''. It is the policy of the United States that-- (1) great power competition with the People's Republic of China will define the future of the 21st century; (2) the People's Republic of China is a revisionist power that seeks to upend the international system in ways that are inimical to United States national interests; (3) great power competition with the People's Republic of China is global in nature and requires a whole-of-government response; (4) resilient domestic manufacturing, a strong and advanced United States Navy, and an innovative economy are critical to succeeding in great power competition; and (5) promoting and supporting new technological research and development will be necessary to maintain a competitive advantage and effectively combat hostile efforts by the Government of the People's Republic of China. SEC. 3. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). (2) The Shipbuilding and Conversion, Navy account of the Department of Defense. (2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (5) Of the unobligated balance of amounts made available to the Department of State for International Military Education and Training programs, all remaining funds relating to training personnel of the Afghan security forces.

To ensure the United States maintains a competitive edge over China, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Readiness and Competitiveness Act'' or the ``PRC Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that-- (1) great power competition with the People's Republic of China will define the future of the 21st century; (2) the People's Republic of China is a revisionist power that seeks to upend the international system in ways that are inimical to United States national interests; (3) great power competition with the People's Republic of China is global in nature and requires a whole-of-government response; (4) resilient domestic manufacturing, a strong and advanced United States Navy, and an innovative economy are critical to succeeding in great power competition; and (5) promoting and supporting new technological research and development will be necessary to maintain a competitive advantage and effectively combat hostile efforts by the Government of the People's Republic of China. SEC. 3. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). (2) The Shipbuilding and Conversion, Navy account of the Department of Defense. (3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of Unexpended Funds Dedicated to Maintaining a Military and Diplomatic Presence in Afghanistan.--The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. (2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. (4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (5) Of the unobligated balance of amounts made available to the Department of State for International Military Education and Training programs, all remaining funds relating to training personnel of the Afghan security forces. <all>

To ensure the United States maintains a competitive edge over China, and for other purposes. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). ( 2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. 3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of Unexpended Funds Dedicated to Maintaining a Military and Diplomatic Presence in Afghanistan.--The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). ( 2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. 3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of Unexpended Funds Dedicated to Maintaining a Military and Diplomatic Presence in Afghanistan.--The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). ( 2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. 3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of Unexpended Funds Dedicated to Maintaining a Military and Diplomatic Presence in Afghanistan.--The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). ( 2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. 3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States' global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of Unexpended Funds Dedicated to Maintaining a Military and Diplomatic Presence in Afghanistan.--The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

To ensure the United States maintains a competitive edge over China, and for other purposes. TRANSFER OF CERTAIN UNEXPENDED FUNDS RELATED TO AFGHANISTAN FOR THE PURPOSE OF BUILDING A RESILIENT DOMESTIC INDUSTRIAL BASE AND STRENGTHENING DEFENSE TECHNOLOGY INNOVATION. (a) In General.--The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, 4533). ( 2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. ( 4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (

11,253

8,917

H.R.3571

Finance and Financial Sector

Climate Change Financial Risk Act of 2021 This bill addresses climate change risk and its potential impact on the financial system. The Federal Reserve Board must develop financial risk analyses relating to climate change for specified large nonbank financial companies and bank holding companies. Specifically, these entities will be evaluated every two years on whether they have the capital necessary to absorb financial losses that would arise under several different climate change risk scenarios. The bill also establishes the Climate Risk Scenario Technical Development Group to provide recommendations to the board regarding such climate change risk scenarios, and determine the financial and economic risks of these scenarios. The Financial Stability Oversight Council of the Department of the Treasury must establish a committee to assist it in identifying risks and responding to threats to the financial system as a result of climate change.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Financial Risk Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) if current trends continue, average global temperatures are likely to reach 1.5 degrees Celsius above pre-industrial levels between 2030 and 2050; (2) global temperature rise has already resulted in an increased number of heavy rainstorms, coastal flooding events, heat waves, wildfires, and other extreme events; (3) since 1980-- (A) the number of extreme weather events per year that cost the people of the United States more than $1,000,000,000 per event, accounting for inflation, has increased significantly; and (B) the total cost of extreme weather events in the United States has exceeded $1,875,000,000,000; (4) as physical impacts from climate change are manifested across multiple sectors of the economy of the United States-- (A) climate-related economic risks will continue to increase; (B) climate-related extreme weather events will disrupt energy and transportation systems in the United States, which will result in more frequent and longer- lasting power outages, fuel shortages, and service disruptions in critical sectors across the economy of the United States; (C) projected increases in extreme heat conditions will lead to decreases in labor productivity in agriculture, construction, and other critical economic sectors; (D) food and livestock production will be impacted in regions that experience increases in heat and drought and small rural communities will struggle to find the resources needed to adapt to those changes; and (E) sea level rise and more frequent and intense extreme weather events will-- (i) increasingly disrupt and damage private property and critical infrastructure; and (ii) drastically increase insured and uninsured losses; (5) advances in energy efficiency and renewable energy technologies, as well as climate policies and shifting societal preferences, will-- (A) reduce global demand for fossil fuels; and (B) expose transition risks for fossil fuel companies and investors, and for companies and investors in other energy-intensive industries, which could include trillions of dollars of stranded assets around the world; (6) climate change poses uniquely far-reaching risks to the financial services industry, including with respect to credit, counterparty, and market risks, due to the number of sectors and locations impacted and the potentially irreversible scale of damage; (7) financial institutions must take a consistent approach to assessing climate-related financial risks and incorporating those risks into existing risk management practices, which should be informed by scenario analysis; (8) the Board of Governors conducts annual assessments of the capital adequacy and capital planning practices of the largest and most complex banking organizations (referred to in this section as ``stress tests'') in order to promote a safe, sound, and efficient banking and financial system; (9) as of the date of enactment of this Act, the stress tests conducted by the Board of Governors are not designed to reflect the physical risks or transition risks posed by climate change; (10) the Board of Governors-- (A) has the authority to take into account the potentially systemic impact of climate-related risks on the financial system; and (B) should develop new analytical tools with longer time horizons to accurately assess and manage the risks described in subparagraph (A); and (11) the Climate-Related Market Risk Subcommittee of the Commodity Futures Trading Commission has identified the importance of researching ``climate-related `sub-systemic' shocks to financial markets and institutions in particular sectors and regions of the United States''. SEC. 3. DEFINITIONS. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. (4) Covered entity.--The term ``covered entity'' means-- (A) a nonbank financial company or bank holding company that has not less than $250,000,000,000 in total consolidated assets; and (B) a nonbank financial company or bank holding company-- (i) that has not less than $100,000,000,000 in total consolidated assets; and (ii) with respect to which the Board of Governors determines the application of subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. (5) Nonbank financial company.--The term ``nonbank financial company'' has the meaning given the term in section 102(a)(4)(C) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)(4)(C)). (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical development group.--The term ``Technical Development Group'' means the Climate Risk Scenario Technical Development Group established under section 4. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). SEC. 4. CLIMATE RISK SCENARIO TECHNICAL DEVELOPMENT GROUP. (a) Establishment.--The Board of Governors shall establish a technical advisory group to be known as the Climate Risk Scenario Technical Development Group. (b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. (c) Duties.--The Technical Development Group shall-- (1) provide recommendations to the Board of Governors regarding the development of, and updates to, the climate change risk scenarios under section 5; (2) after the establishment of the climate change risk scenarios under section 5, determine the financial and economic risks resulting from those scenarios; (3) make any final work product and any data sets or other inputs used in the development of the final work product, publicly available; and (4) provide technical assistance to covered entities in assessing physical risks or transition risks. (d) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Technical Development Group. SEC. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. (B) One scenario that assumes an average increase in global temperatures of 2 degrees Celsius above pre- industrial levels. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. (3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. (b) Considerations.--In developing and updating each of the 3 scenarios required under subsection (a), the Board of Governors, in coordination with the climate science leads, shall account for physical risks and transition risks that may disrupt business operations across the global economy, including through-- (1) disruptions with respect to-- (A) the sourcing of materials; (B) production; and (C) the disposal of products and services; (2) changes in the availability and prices of raw materials and other inputs; (3) changes in agricultural production and with respect to food security; (4) direct damages to fixed assets; (5) increases in costs associated with insured or uninsured losses; (6) changes in asset values; (7) impacts on-- (A) aggregate demand for products and services; (B) labor productivity; (C) asset liquidity; and (D) credit availability; (8) mass migration and increases in disease and mortality rates; (9) international conflict, as such conflict relates to global economic activity and output; and (10) changes in any other microeconomic or macroeconomic condition that the Board of Governors, in coordination with the climate science leads, determines to be relevant. SEC. 6. CLIMATE-RELATED ENHANCED SUPERVISION FOR CERTAIN NONBANK FINANCIAL COMPANIES AND BANK HOLDING COMPANIES. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)) is amended-- (1) in subparagraph (B)(i), by inserting ``except as provided in subparagraph (C)(ii)(I),'' before ``shall provide''; and (2) by adding at the end the following: ``(C) Biennial tests required.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `capital distribution' has the meaning given the term in section 225.8(d)(4) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; ``(II) the term `capital policy' has the meaning given the term in section 225.8(d)(7) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; and ``(III) the terms `climate science leads' and `covered entity' have the meanings given those terms in section 3 of the Climate Change Financial Risk Act of 2021. ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ``(cc) Rejection.--Except as provided in subclause (II)(aa), the Board of Governors may object to a climate risk remediation plan submitted by a covered entity under item (aa) if the Board of Governors determines that-- ``(AA) the covered entity has not demonstrated a reasonable plan to maintain capital above each minimum regulatory capital ratio on a pro forma basis under the adverse set of conditions described in subclause (I); ``(BB) the climate risk remediation plan is otherwise not reasonable or appropriate; ``(CC) the assumptions and analysis underlying the climate risk remediation plan, or the methodologies and practices that support the climate risk remediation plan, are not reasonable or appropriate; or ``(DD) the climate risk remediation plan otherwise constitutes an unsafe or unsound practice. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SEC. 7. SUB-SYSTEMIC EXPLORATORY SURVEY. (a) Development of Survey.--The Board of Governors, in consultation with the Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation, shall develop an exploratory survey to assess-- (1) the ability of surveyed entities, including agricultural banks, community banks, and other financial institutions with a significant concentration of business activities in certain geographical areas or industries, to withstand each climate risk scenario developed under section 5; and (2) how surveyed entities plan to make adaptations to the business models and capital planning of those entities in response to the risks presented in each climate change risk scenario developed under section 5. (b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). (B) Subsequent report.--Not later than 180 days after the date on which each survey administered under subparagraph (A) is completed, the Board of Governors shall publicly release a report that summarizes the results of the survey, which shall include the analysis described in paragraph (1)(B)(ii). (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. (2) Rule of construction.--Nothing in paragraph (1)(A) may be construed to preclude the Board of Governors from pursuing an enforcement action against a surveyed entity because of a violation discovered by the Board of Governors during an examination of the surveyed entity that is independent of a survey administered under this section. SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL. (a) In General.--The Financial Stability Oversight Council shall establish a committee of the Council that shall support the Council in identifying risks to, and in responding to emerging threats to, the stability of the United States financial system as a result of climate change. (b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate. <all>

Climate Change Financial Risk Act of 2021

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes.

Climate Change Financial Risk Act of 2021

Rep. Casten, Sean

D

IL

This bill addresses climate change risk and its potential impact on the financial system. The Federal Reserve Board must develop financial risk analyses relating to climate change for specified large nonbank financial companies and bank holding companies. Specifically, these entities will be evaluated every two years on whether they have the capital necessary to absorb financial losses that would arise under several different climate change risk scenarios. The bill also establishes the Climate Risk Scenario Technical Development Group to provide recommendations to the board regarding such climate change risk scenarios, and determine the financial and economic risks of these scenarios. The Financial Stability Oversight Council of the Department of the Treasury must establish a committee to assist it in identifying risks and responding to threats to the financial system as a result of climate change.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL.

SENSE OF CONGRESS. 3. (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. SEC. 8.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. App.) shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL. (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). ( 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( 7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical development group.--The term ``Technical Development Group'' means the Climate Risk Scenario Technical Development Group established under section 4. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. ( (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. ( CLIMATE-RELATED ENHANCED SUPERVISION FOR CERTAIN NONBANK FINANCIAL COMPANIES AND BANK HOLDING COMPANIES. ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. ( b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( 2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). ( 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. ( b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( 2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( ( ( ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ( B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. (

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H.R.4389

Education

New Collar Jobs Act of 2021 This bill provides incentives for cybersecurity education. Specifically, the bill establishes an employee cybersecurity education tax credit for an employer who incurs costs for an employee who earns a certain cybersecurity certificate or degree. If a business claims such a credit, then federal agencies must award a score increase to each competitive proposal submitted by the business for a federal contract valued at more than $5 million. In addition, the Department of Education must cancel eligible student loans for borrowers who have (1) made 36 consecutive monthly payments, and (2) held a cybersecurity job in an economically distressed area during at least 12 months of payments. Finally, the bill makes cybersecurity course instructors eligible for awards under the CyberCorps Scholarship for Service program.

To increase cybersecurity education and job growth, and for other 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 ``New Collar Jobs Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Employee cybersecurity education. Sec. 4. Student loan repayment for certain cybersecurity employees. Sec. 5. CyberCorps scholarship-for-service program. Sec. 6. Increased funding for Advanced Technology Education program. Sec. 7. Cybersecurity training incentive for Government contracts. SEC. 2. FINDINGS. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (2) As manufacturers leverage new technologies from robotics to distributed control systems to create modern factories and industrial plants, different employment requirements have emerged including the need for cybersecurity talent. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. SEC. 3. EMPLOYEE CYBERSECURITY EDUCATION. (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. EMPLOYEE CYBERSECURITY EDUCATION. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45U. Employee cybersecurity education.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. SEC. 4. STUDENT LOAN REPAYMENT FOR CERTAIN CYBERSECURITY EMPLOYEES. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. SEC. 5. CYBERCORPS SCHOLARSHIP-FOR-SERVICE PROGRAM. (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. (b) Cybersecurity Course Instruction.--Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended-- (1) in subsection (a), by striking ``and security managers'' and inserting ``security managers, and cybersecurity course instructors,''; and (2) in subsection (d), by adding at the end the following: ``Such work may include teaching a cybersecurity course for a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document.''. (c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). SEC. 6. INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. SEC. 7. CYBERSECURITY TRAINING INCENTIVE FOR GOVERNMENT CONTRACTS. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (b) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning given that term in section 102 of title 40, United States Code. (2) Qualified offeror.--The term ``qualified offeror'' means a business that has claimed the employee cybersecurity education credit under section 45U of the Internal Revenue Code of 1986, as added by section 3, at least once within the three- year period preceding the date on which the business submits a competitive proposal for a contract valued in excess of $5,000,000. <all>

New Collar Jobs Act of 2021

To increase cybersecurity education and job growth, and for other purposes.

New Collar Jobs Act of 2021

Rep. Lieu, Ted

D

CA

This bill provides incentives for cybersecurity education. Specifically, the bill establishes an employee cybersecurity education tax credit for an employer who incurs costs for an employee who earns a certain cybersecurity certificate or degree. If a business claims such a credit, then federal agencies must award a score increase to each competitive proposal submitted by the business for a federal contract valued at more than $5 million. In addition, the Department of Education must cancel eligible student loans for borrowers who have (1) made 36 consecutive monthly payments, and (2) held a cybersecurity job in an economically distressed area during at least 12 months of payments. Finally, the bill makes cybersecurity course instructors eligible for awards under the CyberCorps Scholarship for Service program.

SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. 3. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. 4. ``(B) $25,000. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 5. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. 3. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. 4. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. 5. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

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 ``New Collar Jobs Act of 2021''. 1. Findings. Employee cybersecurity education. Student loan repayment for certain cybersecurity employees. CyberCorps scholarship-for-service program. Sec. Cybersecurity training incentive for Government contracts. 2. Congress find the following: (1) Domestic factory output has increased by 21 percent since June 2009, but manufacturing employment has only increased 5 percent during that time, and has been flat since late 2014. (2) As manufacturers leverage new technologies from robotics to distributed control systems to create modern factories and industrial plants, different employment requirements have emerged including the need for cybersecurity talent. (3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. 3. (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. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000. ``(d) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. 4. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Repayment for Cybersecurity Workers in Economically Distressed Area.-- ``(1) In general.--The Secretary shall cancel the amount described in paragraph (2) of the balance of interest and principal due, in accordance with such paragraph, on any eligible Federal Direct Loan not in default for a borrower who-- ``(A) makes 36 consecutive monthly payments on the eligible Federal Direct Loan after the date of the enactment of this section pursuant to any one or a combination of the following-- ``(i) payments under an income-based repayment plan under section 493C; ``(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10- year repayment period; ``(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or ``(iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and ``(B) during the period in which the borrower makes each of the 36 consecutive monthly payments described in subparagraph (A), has been employed in a cybersecurity job-- ``(i) located in an area that, for at least 12 of such consecutive monthly payments is an economically distressed area; and ``(ii) that requires that the borrower work in the economically distressed area no less than 60 percent of total work hours. ``(B) $25,000. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). ``(B) Economically distressed area.--The term `economically distressed area' means an area that meets one or more criteria under section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).''. 5. (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. 6. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. 7. (a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror.

To increase cybersecurity education and job growth, and for other purposes. Employee cybersecurity education. 3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. (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. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( Cybersecurity training incentive for Government contracts. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. Employee cybersecurity education. 3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. (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. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( Cybersecurity training incentive for Government contracts. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. ``(c) Qualified Employee Cybersecurity Education Expenses.--For purposes of this section, the term `qualified employee cybersecurity education expenses' means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(3) Ineligibility of double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(A) subsection (m); or ``(B) section 428J, 428K, 428L, or 460. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. Employee cybersecurity education. 3) Leading cybersecurity experts have reported spike of 250 percent in industrial automation and control system cyber- incidents occurring during the period between 2011 and 2015 and as a result are seeking personnel with knowledge of their industry coupled with knowledge of security technology to prevent their organization from becoming victims of cyber- attacks. (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. ``(a) In General.--For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45U(a),'' after ``45S(a),''. ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). (a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM. It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018.

To increase cybersecurity education and job growth, and for other purposes. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

To increase cybersecurity education and job growth, and for other purposes. ``(4) Definitions.--In this section: ``(A) Cybersecurity job.--The term `cybersecurity job' means-- ``(i) a skill role as defined in the NCWF Work Roles by the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NCWF) of the National Institute of Standards and Technology, Special Publication 800-181, or any successor document; or ``(ii) teaching a cybersecurity course for a skill role described in clause (i). c) Elimination of Priority for Federal Government Employment Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018.

To increase cybersecurity education and job growth, and for other purposes. b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employee cybersecurity education credit determined under section 45U(a).''. ( ( ``(2) Cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the lesser of the following: ``(A) The obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. a) Funding Increase.--It is the sense of the Congress that the number of scholarships awarded by the National Science Foundation for scholarships awarded under the Federal cyber scholarship-for-service program established by section 302 of the Cybersecurity Enhancement Act of 2014 for fiscal year 2019 and each succeeding fiscal year should be not less than double the number of such scholarships awarded for fiscal year 2018. ( It is the sense of the Congress that the amount expended for the Information Technology and Cybersecurity Division of the Advanced Technological Education program of the National Science Foundation established by section 3(a) of the Scientific and Advanced-Technology Act of 1992 (Public Law 102-476) for fiscal year 2019 should be an amount equal to not less than 110 percent of the amount expended for such division for fiscal year 2018. a) In General.--Subpart 15.3 of the Federal Acquisition Regulation shall be revised to require, in the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000, that the head of an executive agency award a five percent score increase to each competitive proposal submitted by a qualified offeror. (

11,255

1,427

S.5128

Agriculture and Food

Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act or the Fertilizer SUSTAIN Act This bill (1) directs the Department of the Interior to designate potash and phosphates as critical minerals, (2) revises the Federal Register and National Environmental Policy Act permitting process for mining and phosphate and potash exploration, and (3) requires the Environmental Protection Agency to allow phosphogypsum to be used in government road projects.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act'' or the ``Fertilizer SUSTAIN Act''. SEC. 2. DESIGNATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS. (a) Designation.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. (b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). SEC. 3. FEDERAL REGISTER AND NEPA PROCESS FOR PHOSPHATE AND POTASH EXPLORATION OR MINE PERMITS. (a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. (b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. (2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. (3) Deadline for record of decision.--Notwithstanding any other provision of law, the record of decision for a covered project shall be completed by not later than 30 months after the date on which the proposal for the covered project was submitted. SEC. 4. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS. The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. Reg. 66550 (October 20, 2020)). SEC. 5. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. SEC. 6. INCREASED COST-SHARE PAYMENTS FOR PRECISION AGRICULTURE AND NUTRIENT MANAGEMENT UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. Section 1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)) is amended by adding at the end the following: ``(8) Increased payments for precision agriculture and nutrient management.--Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with-- ``(A) adopting precision agriculture or nutrient management practices; and ``(B) acquiring precision agriculture or nutrient management equipment and technology.''. SEC. 7. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS. Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. SEC. 8. REVIEW OF CONSERVATION PRACTICE STANDARDS RELATING TO PLANT BIOSTIMULANTS. Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Review relating to plant biostimulants.-- ``(A) Definition of plant biostimulant.--In this paragraph, the term `plant biostimulant' means a substance, micro-organism, or mixture of a substance and a micro-organism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, acts to support the natural processes of a plant independently of the nutrient content of that substance, micro-organism, or mixture, including by improving-- ``(i) nutrient availability; ``(ii) uptake or use efficiency; ``(iii) tolerance to abiotic stress; and ``(iv) consequent growth, development, quality, or yield. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''. <all>

Fertilizer SUSTAIN Act

A bill to designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes.

Fertilizer SUSTAIN Act Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act

Sen. Marshall, Roger

R

KS

This bill (1) directs the Department of the Interior to designate potash and phosphates as critical minerals, (2) revises the Federal Register and National Environmental Policy Act permitting process for mining and phosphate and potash exploration, and (3) requires the Environmental Protection Agency to allow phosphogypsum to be used in government road projects.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act'' or the ``Fertilizer SUSTAIN Act''. 2. DESIGNATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS. 3. (a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. (b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. (2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. 4. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS. Reg. 66550 (October 20, 2020)). 5. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. Section 1242 of the Food Security Act of 1985 (16 U.S.C. 6. INCREASED COST-SHARE PAYMENTS FOR PRECISION AGRICULTURE AND NUTRIENT MANAGEMENT UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 7. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. SEC. 8. REVIEW OF CONSERVATION PRACTICE STANDARDS RELATING TO PLANT BIOSTIMULANTS. 3842(h)) is amended by adding at the end the following: ``(5) Review relating to plant biostimulants.-- ``(A) Definition of plant biostimulant.--In this paragraph, the term `plant biostimulant' means a substance, micro-organism, or mixture of a substance and a micro-organism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, acts to support the natural processes of a plant independently of the nutrient content of that substance, micro-organism, or mixture, including by improving-- ``(i) nutrient availability; ``(ii) uptake or use efficiency; ``(iii) tolerance to abiotic stress; and ``(iv) consequent growth, development, quality, or yield.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act'' or the ``Fertilizer SUSTAIN Act''. 2. DESIGNATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS. 3. (a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. 4. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS. Reg. 66550 (October 20, 2020)). 5. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. Section 1242 of the Food Security Act of 1985 (16 U.S.C. 6. INCREASED COST-SHARE PAYMENTS FOR PRECISION AGRICULTURE AND NUTRIENT MANAGEMENT UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 7. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. SEC. 8. REVIEW OF CONSERVATION PRACTICE STANDARDS RELATING TO PLANT BIOSTIMULANTS. 3842(h)) is amended by adding at the end the following: ``(5) Review relating to plant biostimulants.-- ``(A) Definition of plant biostimulant.--In this paragraph, the term `plant biostimulant' means a substance, micro-organism, or mixture of a substance and a micro-organism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, acts to support the natural processes of a plant independently of the nutrient content of that substance, micro-organism, or mixture, including by improving-- ``(i) nutrient availability; ``(ii) uptake or use efficiency; ``(iii) tolerance to abiotic stress; and ``(iv) consequent growth, development, quality, or yield.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act'' or the ``Fertilizer SUSTAIN Act''. 2. DESIGNATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS. (b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). 3. (a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. (b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. (2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. 4. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS. Reg. 66550 (October 20, 2020)). 5. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. 6. INCREASED COST-SHARE PAYMENTS FOR PRECISION AGRICULTURE AND NUTRIENT MANAGEMENT UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 7. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. SEC. 8. REVIEW OF CONSERVATION PRACTICE STANDARDS RELATING TO PLANT BIOSTIMULANTS. 3842(h)) is amended by adding at the end the following: ``(5) Review relating to plant biostimulants.-- ``(A) Definition of plant biostimulant.--In this paragraph, the term `plant biostimulant' means a substance, micro-organism, or mixture of a substance and a micro-organism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, acts to support the natural processes of a plant independently of the nutrient content of that substance, micro-organism, or mixture, including by improving-- ``(i) nutrient availability; ``(ii) uptake or use efficiency; ``(iii) tolerance to abiotic stress; and ``(iv) consequent growth, development, quality, or yield.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fertilizer Stewardship, Utilization, Sustainability, Technology, Access, Innovation, and Nourishment Act'' or the ``Fertilizer SUSTAIN Act''. 2. DESIGNATION OF PHOSPHATE AND POTASH AS CRITICAL MINERALS. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. (b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). 3. (a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. (b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. (2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. (3) Deadline for record of decision.--Notwithstanding any other provision of law, the record of decision for a covered project shall be completed by not later than 30 months after the date on which the proposal for the covered project was submitted. 4. APPROVAL OF USE OF PHOSPHOGYPSUM IN GOVERNMENT ROAD PROJECTS. The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. Reg. 66550 (October 20, 2020)). 5. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. 6. INCREASED COST-SHARE PAYMENTS FOR PRECISION AGRICULTURE AND NUTRIENT MANAGEMENT UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. 3839aa-2(d)) is amended by adding at the end the following: ``(8) Increased payments for precision agriculture and nutrient management.--Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with-- ``(A) adopting precision agriculture or nutrient management practices; and ``(B) acquiring precision agriculture or nutrient management equipment and technology.''. 7. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. SEC. 8. REVIEW OF CONSERVATION PRACTICE STANDARDS RELATING TO PLANT BIOSTIMULANTS. 3842(h)) is amended by adding at the end the following: ``(5) Review relating to plant biostimulants.-- ``(A) Definition of plant biostimulant.--In this paragraph, the term `plant biostimulant' means a substance, micro-organism, or mixture of a substance and a micro-organism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, acts to support the natural processes of a plant independently of the nutrient content of that substance, micro-organism, or mixture, including by improving-- ``(i) nutrient availability; ``(ii) uptake or use efficiency; ``(iii) tolerance to abiotic stress; and ``(iv) consequent growth, development, quality, or yield. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. a) Designation.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. (b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. ( (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. ( 2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. ( The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. 3839aa-2(d)) is amended by adding at the end the following: ``(8) Increased payments for precision agriculture and nutrient management.--Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with-- ``(A) adopting precision agriculture or nutrient management practices; and ``(B) acquiring precision agriculture or nutrient management equipment and technology.''. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. ( b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. ( 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. a) Designation.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. (b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. ( (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. ( 2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. ( The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. 3839aa-2(d)) is amended by adding at the end the following: ``(8) Increased payments for precision agriculture and nutrient management.--Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with-- ``(A) adopting precision agriculture or nutrient management practices; and ``(B) acquiring precision agriculture or nutrient management equipment and technology.''. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. ( b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. ( 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. a) Designation.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. (b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. ( (3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. ( 2) Preparation of environmental document by project sponsors and qualified 3rd parties.--Notwithstanding any other provision of law, the head of a Federal agency may, on request of a project sponsor for a covered project, authorize a qualified third party or the project sponsor for the covered project to prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a covered project. ( The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. CERTIFICATION OF CERTIFIED CROP ADVISORS FOR CONSERVATION TECHNICAL ASSISTANCE. 3839aa-2(d)) is amended by adding at the end the following: ``(8) Increased payments for precision agriculture and nutrient management.--Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with-- ``(A) adopting precision agriculture or nutrient management practices; and ``(B) acquiring precision agriculture or nutrient management equipment and technology.''. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. ( b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. ( 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. a) Designation.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. ( a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. ( ( 3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. ( ( The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. b) Recommendations.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) evaluate any policies relating to permitting and leasing of projects to develop the minerals described in paragraphs (1) and (2) of subsection (a); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives recommendations to support domestic production of the minerals described in paragraphs (1) and (2) of subsection (a). (2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a potash or phosphate exploration or mine permit shall be delegated to the organizational level within the Federal agency responsible for issuing the potash or phosphate exploration or mine permit. ( b) Environmental Documents; Record of Decision.-- (1) Definition of covered project.--In this subsection, the term ``covered project'' means a project for the exploration or mining of potash or phosphate for which a Federal permit is required. ( 3842) is amended-- (1) in subsection (a)(2), by inserting ``an individual certified crop advisor described in subsection (e)(6),'' after ``nonprofit entity,''; and (2) in subsection (e), by adding at the end the following: ``(6) Certified crop advisors.--An individual possessing a current registration and credentials as a certified crop advisor-- ``(A) shall be exempt from obtaining a certification under paragraph (4); and ``(B) may provide assistance to an eligible participant with respect to conservation practices within the scope of the registration of the individual.''. Section 1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4)) is amended by adding at the end the following: ``(K) An agriculture retailer.''. ``(B) Review required.--The Secretary shall conduct a review of nutrient management practice standards to determine if plant biostimulants should be approved for use in appropriate conservation practice standards.''.

To designate phosphate and potash as critical minerals, to approve the use of phosphogypsum in government road projects, to amend the Food Security Act of 1985 to provide for the certification of certified crop advisors for conservation technical assistance, and for other purposes. a) Designation.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) designate potash and phosphates as critical minerals under section 7002(c)(4) of the Energy Act of 2020 (30 U.S.C. 1606(c)(4)); and (2) conduct an evaluation of other minerals necessary for the production of fertilizer and other agricultural products used to promote crop development for designation as critical minerals under that section. ( a) Federal Register Process.-- (1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary of the Interior and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be-- (A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and (B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice. ( ( 3) Transmission.--All Federal Register notices relating to official document availability, announcements of meetings, or notices of intent to undertake an activity described in paragraph (2) shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable-- (A) the documents or meetings are held; or (B) the activity is initiated. ( ( The Administrator of the Environmental Protection Agency shall issue an approval of the use of phosphogypsum in government road projects that is identical to the approval described in the notice of the Environmental Protection Agency entitled ``Approval of the Request for Other Use of Phosphogypsum by the Fertilizer Institute'' (85 Fed. ELIGIBILITY OF AGRICULTURE RETAILERS AS REGIONAL CONSERVATION PARTNERSHIP PROGRAM PARTNERS.

11,256

11,849

H.R.3030

Congress

Lead by Example Act of 2021 This bill provides that, beginning January 3, 2023, the only health care plan the federal government may make available to Members of Congress and congressional staff shall be health care provided through the Department of Veterans Affairs (VA). By September 15, 2021, the VA and the Office of Personnel Management shall jointly submit to Congress a plan to carry out this bill, including recommendations for any necessary legislative actions.

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead by Example Act of 2021''. SEC. 2. HEALTH CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF CONGRESS AND CONGRESSIONAL STAFF. (a) Health Care Benefits.--Notwithstanding any other provision of law, beginning January 3, 2023, the only health care plan that the Federal Government may make available to Members of Congress and Congressional staff with respect to their service as a Member of Congress or Congressional staff shall be health care provided through the Department of Veterans Affairs, including at facilities of the Department and non-Department facilities pursuant to chapter 17 of title 38, United States Code, and any other provision of law authorizing the Secretary of Veterans Affairs to furnish such care to veterans, as if such Members and staff were veterans. (b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. (2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (3) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code. <all>

Lead by Example Act of 2021

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges.

Lead by Example Act of 2021

Rep. Davidson, Warren

R

OH

This bill provides that, beginning January 3, 2023, the only health care plan the federal government may make available to Members of Congress and congressional staff shall be health care provided through the Department of Veterans Affairs (VA). By September 15, 2021, the VA and the Office of Personnel Management shall jointly submit to Congress a plan to carry out this bill, including recommendations for any necessary legislative actions.

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead by Example Act of 2021''. SEC. 2. HEALTH CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF CONGRESS AND CONGRESSIONAL STAFF. (a) Health Care Benefits.--Notwithstanding any other provision of law, beginning January 3, 2023, the only health care plan that the Federal Government may make available to Members of Congress and Congressional staff with respect to their service as a Member of Congress or Congressional staff shall be health care provided through the Department of Veterans Affairs, including at facilities of the Department and non-Department facilities pursuant to chapter 17 of title 38, United States Code, and any other provision of law authorizing the Secretary of Veterans Affairs to furnish such care to veterans, as if such Members and staff were veterans. (b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. (2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (3) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code. <all>

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. ( 2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. 3) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code.

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. ( 2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. 3) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code.

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. ( 2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. 3) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code.

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. ( 2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. 3) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code.

To ensure that Members of Congress and Congressional staff receive health care from the Department of Veterans Affairs instead of under the Federal Health Benefits Program or health care exchanges. b) Implementation Plan.--Not later than September 15, 2021, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall jointly submit to Congress a plan to carry out subsection (a), including recommendations for any legislative actions the Secretary and the Director determine necessary to carry out such subsection. (c) Definitions.--In this section: (1) The term ``Congressional staff'' means the employees described in section 2107(1) of title 5, United States Code. ( 2) The term ``Member of Congress'' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. (

11,257

5,173

S.4788

Science, Technology, Communications

Go Pack Go Act of 2022 This bill requires a cable operator or satellite carrier to provide their subscribers in specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) the choice of retransmission of (1) the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station; or (3) both. This will allow residents of such Wisconsin counties currently assigned to an out-of-state Minnesota television market to access programming in Wisconsin.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Go Pack Go Act of 2022''. SEC. 2. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 345. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(a) Definitions.--In this section-- ``(1) the term `cable operator' has the meaning given the term in section 602; ``(2) the terms `covered county' and `in-State, adjacent- market network station retransmission' have the meanings given those terms in section 119(d) of title 17, United States Code, except that, in the case of a cable operator, any reference to a satellite carrier or a subscriber of a satellite carrier shall be considered to be a reference to a cable operator or a subscriber of a cable operator, respectively; ``(3) the term `local market' has the meaning given the term in section 122(j) of title 17, United States Code; ``(4) the term `local network station' means, with respect to a subscriber and a television network, the network station-- ``(A) that is affiliated with the television network; and ``(B) within the local market in which the subscriber is located; and ``(5) the terms `network station' and `satellite carrier' have the meanings given those terms in section 119(d) of title 17, United States Code. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(c) Relationship to Local Signal Carriage Requirements.--If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)-- ``(1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the subscriber the signal of a local network station under section 338, 614, or 615; and ``(2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(f) of title 17, United States Code, the provision of that retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of that section and section 342 of this Act. ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. (b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph.''; and (B) in paragraph (2), by adding at the end the following: ``(I) In-state, adjacent-market network station retransmissions.--Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties.''; and (2) in subsection (d)-- (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: ``(1) Covered county.--The term `covered county' has the meaning given the term in section 119(d) of title 17, United States Code. ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. (c) No Effect on Ability To Receive Significantly Viewed Signals.-- Section 340(b)(3) of the Communications Act of 1934 (47 U.S.C. 340(b)(3)) is amended by inserting before the period at the end the following: ``or to a subscriber who elects under section 345(b), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in- State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 345)''. SEC. 3. AVAILABILITY OF COPYRIGHT LICENSE. (a) Secondary Transmissions of Distant Television Programming by Satellite.--Section 119 of title 17, United States Code, is amended-- (1) in subsection (a)(2)(B)(i), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause.''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county.''; and (B) by adding at the end the following: ``(17) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located-- ``(A) in the State of a subscriber; and ``(B) in a local market that is adjacent to the local market of the subscriber. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. ``(B) The county is not in the local market of any television broadcast station-- ``(i) that is affiliated with the same network; and ``(ii) whose community of license is located in the State of the subscriber.''. (b) Secondary Transmissions of Local Television Programming by Satellite.--Section 122(a) of title 17, United States Code, is amended-- (1) in paragraph (2)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''; and (2) in paragraph (3)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''. <all>

Go Pack Go Act of 2022

A bill to amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties.

Go Pack Go Act of 2022

Sen. Baldwin, Tammy

D

WI

This bill requires a cable operator or satellite carrier to provide their subscribers in specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) the choice of retransmission of (1) the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station; or (3) both. This will allow residents of such Wisconsin counties currently assigned to an out-of-state Minnesota television market to access programming in Wisconsin.

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 ``Go Pack Go Act of 2022''. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 345. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. 3. AVAILABILITY OF COPYRIGHT LICENSE. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ``(B) The county is not in the local market of any television broadcast station-- ``(i) that is affiliated with the same network; and ``(ii) whose community of license is located in the State of the subscriber.''. (b) Secondary Transmissions of Local Television Programming by Satellite.--Section 122(a) of title 17, United States Code, is amended-- (1) in paragraph (2)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''; and (2) in paragraph (3)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''.

This Act may be cited as the ``Go Pack Go Act of 2022''. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 345. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. 3. AVAILABILITY OF COPYRIGHT LICENSE. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ``(B) The county is not in the local market of any television broadcast station-- ``(i) that is affiliated with the same network; and ``(ii) whose community of license is located in the State of the subscriber.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Go Pack Go Act of 2022''. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 345. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. (c) No Effect on Ability To Receive Significantly Viewed Signals.-- Section 340(b)(3) of the Communications Act of 1934 (47 U.S.C. 3. AVAILABILITY OF COPYRIGHT LICENSE. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. ``(B) The county is not in the local market of any television broadcast station-- ``(i) that is affiliated with the same network; and ``(ii) whose community of license is located in the State of the subscriber.''. (b) Secondary Transmissions of Local Television Programming by Satellite.--Section 122(a) of title 17, United States Code, is amended-- (1) in paragraph (2)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''; and (2) in paragraph (3)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Go Pack Go Act of 2022''. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 345. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(c) Relationship to Local Signal Carriage Requirements.--If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)-- ``(1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the subscriber the signal of a local network station under section 338, 614, or 615; and ``(2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(f) of title 17, United States Code, the provision of that retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of that section and section 342 of this Act. ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; and (2) in subsection (d)-- (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: ``(1) Covered county.--The term `covered county' has the meaning given the term in section 119(d) of title 17, United States Code. ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. (c) No Effect on Ability To Receive Significantly Viewed Signals.-- Section 340(b)(3) of the Communications Act of 1934 (47 U.S.C. 340(b)(3)) is amended by inserting before the period at the end the following: ``or to a subscriber who elects under section 345(b), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in- State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 345)''. 3. AVAILABILITY OF COPYRIGHT LICENSE. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. ``(B) The county is not in the local market of any television broadcast station-- ``(i) that is affiliated with the same network; and ``(ii) whose community of license is located in the State of the subscriber.''. (b) Secondary Transmissions of Local Television Programming by Satellite.--Section 122(a) of title 17, United States Code, is amended-- (1) in paragraph (2)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''; and (2) in paragraph (3)(A), by inserting after ``under paragraph (1)'' the following: ``(or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)''.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ( b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. ( AVAILABILITY OF COPYRIGHT LICENSE. ( ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; and (B) in paragraph (2), by adding at the end the following: ``(I) In-state, adjacent-market network station retransmissions.--Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; and (B) by adding at the end the following: ``(17) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located-- ``(A) in the State of a subscriber; and ``(B) in a local market that is adjacent to the local market of the subscriber. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ( b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. ( AVAILABILITY OF COPYRIGHT LICENSE. ( ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; and (B) in paragraph (2), by adding at the end the following: ``(I) In-state, adjacent-market network station retransmissions.--Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; and (B) by adding at the end the following: ``(17) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located-- ``(A) in the State of a subscriber; and ``(B) in a local market that is adjacent to the local market of the subscriber. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ( b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. ( AVAILABILITY OF COPYRIGHT LICENSE. ( ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; and (B) in paragraph (2), by adding at the end the following: ``(I) In-state, adjacent-market network station retransmissions.--Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; and (B) by adding at the end the following: ``(17) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located-- ``(A) in the State of a subscriber; and ``(B) in a local market that is adjacent to the local market of the subscriber. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. CARRIAGE OF NETWORK STATION SIGNALS IN CERTAIN COUNTIES. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(d) Requirement Subject to Technical Feasibility for Satellite Carriers.--A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. ``(e) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Cable Operators.-- ``(1) Retransmission consent exception.--Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ( b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. ( AVAILABILITY OF COPYRIGHT LICENSE. ( ''; and (2) in subsection (d)-- (A) in paragraph (10)-- (i) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ''; ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. b) Treatment of In-State, Adjacent-Market Network Station Retransmissions by Satellite Carriers.--Section 339 of the Communications Act of 1934 (47 U.S.C. 339) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by adding at the end the following: ``In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ''; ''; and (B) by adding at the end the following: ``(17) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located-- ``(A) in the State of a subscriber; and ``(B) in a local market that is adjacent to the local market of the subscriber. ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. ``(b) Subscriber Election.--A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber-- ``(1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; ``(2) an in-State, adjacent-market network station retransmission; or ``(3) both retransmissions described in paragraphs (1) and (2). ``(2) Deemed significantly viewed.--In the case of an in- State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation.''. ( ``(2) In-state, adjacent-market network station retransmission.--The term `in-State, adjacent-market network station retransmission' has the meaning given the term in section 119(d) of title 17, United States Code.''. ( ''; ``(18) Covered county.--The term `covered county' means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: ``(A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn.

11,258

282

S.1337

Agriculture and Food

Agriculture Resilience Act of 2021 This bill establishes, expands, and revises multiple programs and activities of the Department of Agriculture (USDA) primarily to reduce carbon emissions from the agriculture sector. Specifically, USDA must finalize and implement a plan to achieve net-zero emissions from the sector by 2040. USDA must periodically review and revise the plan, as necessary, and annually report on its implementation. Additionally, the bill expands the scope of various USDA research, extension, and education programs; conservation programs; and livestock programs to incorporate climate change adaption and mitigation. Expanded activities include efforts to improve soil health and preserve farmland and grassland. Further, the bill changes programs that support renewable energy in rural areas to address carbon emissions in the agriculture sector. Among these changes, the bill provides statutory authority for a program for reducing methane emissions from livestock waste that is carried out by the Environmental Protection Agency and transitions the program to USDA. The bill also addresses food waste, for example, by (1) standardizing the voluntary labels used by food producers to indicate the date by which food should be used or discarded, and (2) making composting activities eligible for support through USDA conservation programs. Moreover, the bill establishes grants to reduce and prevent food waste in landfills and in schools.

To address the impact of climate change on agriculture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agriculture Resilience Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--NATIONAL GOALS Sec. 101. National goals. Sec. 102. Action plan. TITLE II--RESEARCH Sec. 201. Research, extension, and education purpose. Sec. 202. Regional hubs for risk adaptation and mitigation to climate change. Sec. 203. Sustainable agriculture research and education resilience initiative. Sec. 204. Sustainable agriculture technology development and transfer program. Sec. 205. Long-Term Agroecological Network. Sec. 206. Public breed and cultivar research. Sec. 207. ARS Climate Scientist Career Development Program. Sec. 208. Agricultural Climate Adaptation and Mitigation through AFRI. Sec. 209. Specialty crop research initiative. Sec. 210. Integrated pest management. Sec. 211. National Academy of Sciences study. Sec. 212. Appropriate technology transfer for rural areas program. TITLE III--SOIL HEALTH Sec. 301. Crop insurance. Sec. 302. Environmental quality incentives program. Sec. 303. Conservation stewardship program. Sec. 304. State assistance for soil health. Sec. 305. Funding and administration. Sec. 306. Study and report on feasibility of agricultural carbon capture tax credit. Sec. 307. Conservation compliance. Sec. 308. National and regional agroforestry centers. TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY Sec. 401. Local Agriculture Market Program. Sec. 402. National organic certification cost-share program. Sec. 403. Exclusion of gain from sale of certain farm property and agricultural easements. Sec. 404. Farmland Protection Policy Act. Sec. 405. Agricultural conservation easement program. TITLE V--PASTURE-BASED LIVESTOCK Sec. 501. Animal raising claims. Sec. 502. Processing resilience grant program. Sec. 503. Conservation of private grazing land. Sec. 504. Conservation reserve program. Sec. 505. Alternative Manure Management Program. TITLE VI--ON-FARM RENEWABLE ENERGY Sec. 601. Rural Energy For America Program. Sec. 602. Study on dual-use renewable energy systems. Sec. 603. AgSTAR program. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. 701. Definitions. Sec. 702. Quality dates and discard dates. Sec. 703. Misbranding. Sec. 704. Regulations. Sec. 705. Delayed applicability. Subtitle B--Other Provisions Sec. 711. Composting as conservation practice. Sec. 712. Amendments to Federal Food Donation Act. Sec. 713. Grants for composting and anaerobic digestion food waste-to- energy projects. Sec. 714. School food waste reduction grant program. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. TITLE I--NATIONAL GOALS SEC. 101. NATIONAL GOALS. (a) Purpose.--The purpose of the goals established under this title is to prevent climate change from exceeding 1.5 degrees Celsius of warming above preindustrial levels through a national greenhouse gas emission reduction effort. (b) National Goals.--The national goals for the agricultural sector shall be to achieve-- (1) not less than a 50 percent reduction in net greenhouse gas emissions, as compared to those levels during calendar year 2010, by not later than December 31, 2030; and (2) net zero emissions by not later than December 31, 2040. (c) Subgoals.--To achieve the national goals described in subsection (b), there are established the following subgoals: (1) Research.--The total Federal investment in public food and agriculture research and extension should-- (A) at a minimum, as compared to that total Federal investment for fiscal year 2021-- (i) triple by not later than December 31, 2030; and (ii) quadruple by not later than December 31, 2040; and (B) strongly focus on climate change adaptation and mitigation, soil health and carbon sequestration, nutrient and manure management to curb nitrous oxide and methane emissions, agroforestry, advanced grazing management and crop-livestock integration, other agro- ecological systems, on-farm and food system energy efficiency and renewable energy production, farmland preservation and viability, food waste reduction, and any other related areas, as determined by the Secretary. (2) Soil health.--The United States should-- (A) immediately become a member of the Partners Forum and the Consortium of the 4 per 1000 Initiative, hosted by the Consultative Group for International Agricultural Research, with the aim of increasing total soil carbon stocks by 0.4 percent annually to reduce carbon in the atmosphere, restore soil health and productivity, and thereby improve food security; (B) sufficiently expand adoption of soil health practices (including diverse crop rotations, cover cropping, conservation tillage, perennial crop production systems, agroforestry, composting, biologically based nutrient management, and advanced grazing management, including silvopasture)-- (i) to reduce nitrous oxide emissions from agricultural soils, as compared to those levels during calendar year 2021-- (I) by 25 percent by not later than December 31, 2030; and (II) by 75 percent by not later than December 31, 2040; (ii) to increase soil carbon stocks by 0.4 percent annually on at least 50 percent of agricultural land by not later than December 31, 2030; and (iii) to meet or exceed the threshold described in clause (ii) on all agricultural land by not later than December 31, 2040; (C) expand implementation of regionally appropriate cover crops and other continual living cover so that-- (i) at least 50 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2030; (ii) at least 75 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2040; (iii) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 75 percent of each calendar year by not later than December 31, 2030; and (iv) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 85 percent of each calendar year by not later than December 31, 2040; and (D) encourage conversion of at least-- (i) 15 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2030; and (ii) 30 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2040. (3) Farmland preservation.-- (A) 2030 goal.--The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2021 by not later than December 31, 2030. (B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. (4) Pasture-based livestock.--The livestock sector should-- (A) establish advanced grazing management, including management-intensive rotational grazing, on at least-- (i) 50 percent of all grazing land by not later than December 31, 2030; and (ii) 100 percent of all grazing land by not later than December 31, 2040; (B) reduce greenhouse gas emissions related to feeding of ruminants by-- (i) at least-- (I) \1/3\ by not later than December 31, 2030; and (II) \1/2\ by not later than December 31, 2040; and (ii) reducing nongrazing feeding of ruminants, growing feed grains and forages with soil health and nutrient management practices that minimize net greenhouse gas emissions from cropland, and designing livestock feed mixtures and supplements to mitigate enteric methane emissions; (C) re-integrate livestock and crop production systems at farm, local, and regional levels to facilitate environmentally sound management and field application of manure and reduce the need for long-term manure storage by increasing acreage on individual farms under crop-livestock integrated management by at least-- (i) 100 percent as compared to calendar year 2017 levels by not later than December 31, 2030; and (ii) 300 percent as compared to calendar year 2017 levels by not later than December 31, 2040; and (D)(i) immediately cease building any new or expanded waste lagoons for confined animal feeding operations; and (ii) convert-- (I) by not later than December 31, 2030, at least \1/3\ of wet manure handling and storage to non-digester dairy or livestock methane management methods (as defined in section 1240T(a) of the Food Security Act of 1985); and (II) by not later than December 31, 2040, at least \2/3\ of wet manure handling and storage to non-digester dairy or livestock methane management methods (as so defined). (5) On-farm renewable energy.--The agricultural sector should-- (A) implement energy audits and energy efficiency improvements on at least-- (i) 50 percent of farms by not later than December 31, 2030; and (ii) 100 percent of farms by not later than December 31, 2040; (B) expand on-farm clean renewable energy production to a level that is at least-- (i) double the 2017 level by not later than December 31, 2030; and (ii) triple the 2017 level by not later than December 31, 2040; and (C) install and manage on-farm renewable energy infrastructure in a manner that does not-- (i) compromise the climate resilience and greenhouse gas mitigation goals of this Act; or (ii) adversely impact farmland, soil, and water resources, or food production. (6) Food loss and waste.--Consistent with the Food Waste Challenge launched by the Department of Agriculture and the Environmental Protection Agency in June 2013, and the national food loss and waste goal announced in September 2015, the food and agricultural sector should commit to-- (A) at least a 50 percent reduction in food loss and waste by not later than December 31, 2030; (B) at least a 75 percent reduction in food loss and waste by not later than December 31, 2040; and (C) in a manner consistent with the Food Recovery Hierarchy established by the Environmental Protection Agency, diverting from landfills through composting and other means at least-- (i) 50 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2030; and (ii) 90 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2040. SEC. 102. ACTION PLAN. (a) In General.--The Secretary shall-- (1) develop a plan (referred to in this section as the ``plan''), which may involve actions to be taken by other Federal agencies, to make significant and rapid progress to achieve the national goals described in section 101; and (2) make the plan available for public comment for a period of not less than 90 days. (b) Actions.--Actions under the plan shall-- (1) include issuing regulations, providing incentives, carrying out research and development programs, and any other actions the Secretary determines are necessary to achieve the national goals described in section 101; and (2) be designed-- (A) to fully implement the provisions of this Act and the amendments made by this Act; (B) to provide benefits for farmers and ranchers, rural communities, small businesses, and consumers; (C) to improve public health, resilience, and environmental outcomes, especially for rural and low- income households, communities of color, Tribal and indigenous communities, and communities that are disproportionately vulnerable to the impacts of climate change, air and water pollution, and other resource degradation; and (D) to prioritize investments that reduce emissions of greenhouse gases and sequester carbon while simultaneously helping to solve other pressing agro- environmental resource concerns, increase farming and ranching opportunities, create quality jobs, improve farmworker working conditions and living standards, and make communities more resilient to the effects of climate change. (c) Final Plan.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. (d) Updates.--Beginning 2 years after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and not less frequently than biennially thereafter, the Secretary shall-- (1) review and revise the plan to ensure that the plan is sufficient to achieve the national goals described in section 101; and (2) submit the revised plan to Congress. (e) Annual Report.--Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report-- (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. TITLE II--RESEARCH SEC. 201. RESEARCH, EXTENSION, AND EDUCATION PURPOSE. Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: ``(8) accelerate the ability of agriculture and the food system of the United States to first achieve net-zero carbon emissions and then be carbon positive by removing additional carbon dioxide from the atmosphere;''. SEC. 202. REGIONAL HUBS FOR RISK ADAPTATION AND MITIGATION TO CLIMATE CHANGE. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C. 7624) the following: ``SEC. 401. REGIONAL HUBS FOR RISK ADAPTATION AND MITIGATION TO CLIMATE CHANGE. ``(a) Establishment.--The Secretary shall establish a national network of regional hubs for risk adaptation and mitigation to climate change to provide to farmers, ranchers, forest landowners, and other agricultural and natural resource managers-- ``(1) science-based, region-specific, cost-effective, and practical information and program support for science-informed decisionmaking in light of the increased costs, opportunities, risks, and vulnerabilities associated with a changing climate; and ``(2) access to assistance to implement that decisionmaking. ``(b) Eligibility.--An entity shall be eligible to be selected as a regional hub under subsection (a) if the entity is any office of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate. ``(c) Administration.-- ``(1) In general.--The network established under subsection (a) shall be designated and administered jointly by the Agricultural Research Service and the Forest Service, in partnership with other Federal agencies, including the following: ``(A) Within the Department of Agriculture, the following agencies: ``(i) The Natural Resources Conservation Service. ``(ii) The Farm Service Agency. ``(iii) The Risk Management Agency. ``(iv) The Animal and Plant Health Inspection Service. ``(v) The National Institute of Food and Agriculture. ``(B) The Department of the Interior. ``(C) The Department of Energy. ``(D) The Environmental Protection Agency. ``(E) The United States Geological Survey. ``(F) National Oceanic and Atmospheric Administration. ``(G) National Aeronautics and Space Administration. ``(H) Such other Federal agencies as the Secretary determines to be appropriate. ``(2) Partners.--The regional hubs established under subsection (a) shall work in close partnership with other stakeholders and partners, including-- ``(A) colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)); ``(B) cooperative extension services (as defined in that section); ``(C) State agricultural experiment stations (as defined in that section); ``(D) private entities; ``(E) State, local, and regional governments; ``(F) Indian Tribes; ``(G) agriculture and commodity organizations; ``(H) nonprofit and community-based organizations; and ``(I) other partners, as determined by the Secretary. ``(d) Responsibilities.--A regional hub established under subsection (a) shall-- ``(1) offer tools, strategic management options, and technical support to farmers, ranchers, and forest landowners to help those farmers, ranchers, and forest landowners mitigate and adapt to climate change; ``(2) direct farmers, ranchers, and forest landowners to Federal agencies that can provide program support to enable those farmers, ranchers, and forest landowners to implement science-informed management practices that address climate change; ``(3) determine how climate and weather projections will impact the agricultural and forestry sectors; ``(4) provide periodic regional assessments of risk and vulnerability in the agricultural and forestry sectors-- ``(A) to help farmers, ranchers, and forest landowners better understand the potential direct and indirect impacts of climate change; and ``(B) to inform the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 (15 U.S.C. 2933); ``(5) provide to farmers, ranchers, forest landowners, and rural communities outreach, education, and extension on science-based risk management through partnerships with the land-grant colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)), cooperative extension services (as defined in that section), and other entities; ``(6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)), conservation districts, and nongovernmental organizations involved in farmer outreach in the region served by the hub to assist producers in developing business plans and conservation plans that take into account emerging climate risk science with respect to crop, production, and conservation system changes that will help producers adapt to a changing climate; and ``(7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et seq.), additional partnerships with farmers and nonprofit and community-based organizations to conduct applied on-farm research on climate change. ``(e) Priorities.--A regional hub established under subsection (a) shall prioritize research and data collection activities in the following areas: ``(1) Improved measurement and monitoring of-- ``(A) soil organic carbon sequestration; and ``(B) total net greenhouse gas impacts of different farming systems and practices. ``(2) Lifecycle analysis for total net greenhouse gas emissions related to-- ``(A) alternative cropping systems; ``(B) alternative livestock production systems; ``(C) integrated cropping-livestock systems; ``(D) alternative biofuel crop production systems and biofuel end uses; ``(E) alternative agroforestry practices and systems; and ``(F) alternative forestry management systems. ``(3) Research and education on-- ``(A) optimal soil health practices; ``(B) advanced biological nutrient management based on optimal soil health practices; ``(C) enhanced synergies between crop roots and soil biota; ``(D) linkages between soil, plant, animal, and human health; ``(E) adaption and mitigation needs of stakeholders; ``(F) new crops or new varieties to help producers be profitable while adapting to a changing climate; ``(G) social and economic barriers to stakeholder adoption of new practices that improve adaptation, mitigation, and soil sequestration; and ``(H) evaluation and assessment of climate-related decision tools of the Department of Agriculture. ``(4) Grazing-based livestock management systems to optimize the net greenhouse gas footprint, including-- ``(A) grazing land carbon sequestration; and ``(B) mitigation of enteric methane. ``(5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including-- ``(A) perennial forages; ``(B) perennial grains; and ``(C) agroforestry. ``(f) Stakeholder Input.--Each regional hub established under subsection (a)-- ``(1) shall solicit input from stakeholders on pressing needs, important issues, and outreach strategies through a variety of mechanisms, including regional stakeholder committees; and ``(2) may partner with stakeholders in conducting research and developing tools. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(2) Submission of recommendations.--The team appointed under paragraph (1) shall submit to the Secretary, on an iterative basis, but not less frequently than once every 2 years, the recommendations developed by the team under that paragraph. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030.''. SEC. 203. SUSTAINABLE AGRICULTURE RESEARCH AND EDUCATION RESILIENCE INITIATIVE. (a) Sustainable Agriculture Research and Education.--Section 1619 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) increase resilience in the context of a changing climate and related economic, social, and environmental shocks.''; and (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``integrated crop management'' and inserting ``integrated crop and livestock management system or practice''; and (ii) by inserting ``resilience,'' after ``profitability,''; and (B) by striking paragraph (3) and inserting the following: ``(3) The term `resilience' means, with respect to an agricultural management system, the ability of that system to absorb and recover from climate and other disturbances, such that the system is not impacted by severe shocks.''. (b) Eligibility of Tribal Colleges to Enter Into Research and Extension Project Agreements.--Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5811(b)) is amended by striking ``or Federal or State'' and inserting ``1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)), or Federal, State, or Tribal''. (c) Agricultural and Food System Resilience Initiative.-- (1) In general.--Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821) is amended-- (A) in the section heading, by striking ``integrated management systems'' and inserting ``agricultural and food system resilience initiative''; (B) in subsection (a)-- (i) by striking paragraph (3); (ii) by redesignating paragraphs (1), (2), (4), and (5) as subparagraphs (C), (D), (E), and (F), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (C) (as so redesignated), by striking the first sentence and all that follows through ``program'' in the second sentence and inserting the following: ``(1) In general.--In close conjunction with programs and projects established under sections 1621 and 1623, the Secretary shall establish a research, education, extension, and outreach initiative, which may include farmer and rancher research and demonstration grants, and use an interdisciplinary approach wherever appropriate, to increase the resilience of agriculture and the food system in the context of a changing climate and related economic, social, and environmental shocks. ``(2) Purposes.--The purposes of the initiative established under paragraph (1)''; and (iv) in paragraph (2) (as so designated)-- (I) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) to equip farmers to prepare, adapt, and transform the farming systems of the farmers when confronted by shocks and stresses to the agricultural production and livelihoods of the farmers; ``(B) to support local and regional food systems that support resilience and enhance local access and control over productive resources;''; (II) in subparagraph (C) (as so redesignated)-- (aa) by striking ``practices and systems'' and inserting ``systems and practices''; (bb) by inserting ``climate and'' after ``adverse''; (cc) by inserting ``soil quality and'' after ``enhance''; and (dd) by inserting ``reduce dependency on fossil fuels,'' after ``inputs,''; (III) in subparagraph (D) (as so redesignated), by inserting ``increase resilience and'' after ``practices to''; (IV) in subparagraph (E) (as so redesignated), by inserting ``and practices'' after ``systems''; and (V) in subparagraph (F) (as so redesignated), by striking ``integrated'' and all that follows through ``programs'' and inserting ``policies and programs to improve food and agricultural system resilience''; and (C) by striking subsections (b), (c), and (d) and inserting the following: ``(b) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2022 and each fiscal year thereafter. ``(2) Discretionary funding.--There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2022 through 2030.''. (2) Conforming amendment.--The chapter heading of chapter 2 of subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821) is amended to read as follows: ``AGRICULTURAL AND FOOD SYSTEM RESILIENCE INITIATIVE''. SEC. 204. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER PROGRAM. (a) Technical Guides and Books.--Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5831) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) adapting to and mitigating the effects of climate change;''; and (2) in subsection (e), by striking ``Soil Conservation'' and inserting ``Natural Resources Conservation''. (b) National Training Program.--Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5832) is amended-- (1) in subsection (g)-- (A) in paragraph (5), by striking ``Soil Conservation Service and the Agricultural Stabilization and Conservation Service'' and inserting ``Natural Resources Conservation Service and the Farm Service Agency''; (B) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (C) by inserting after paragraph (9) the following: ``(10) develop and provide information concerning climate change adaptation and mitigation developed under this subtitle and other research and education programs of the Department;''; (2) in subsection (h), by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''; and (3) in subsection (i), by striking ``2023'' and inserting ``2021, and $30,000,000 for each of fiscal years 2022 through 2030''. SEC. 205. LONG-TERM AGROECOLOGICAL NETWORK. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after section 401 (as added by section 202) the following: ``SEC. 402. LONG-TERM AGROECOLOGICAL NETWORK. ``(a) In General.-- ``(1) Establishment.--The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the `Long-Term Agroecological Research Network' (referred to in this section as the `Network'). ``(2) Goals.--The Network shall have the following goals: ``(A) To understand and enhance the sustainability of agriculture. ``(B) To integrate research projects with common measurements on multiple agroecosystems, such as cropland, rangeland, and pastureland. ``(C) To develop new farming systems, practices, and technologies to address agricultural challenges and opportunities, including challenges and opportunities posed by climate change. ``(b) Activities Described.--The activities of the Network shall include-- ``(1) research conducted for a minimum of 30 years to develop novel scientific insights at regional and national scales and evaluate the applicability of and adaptation to local conditions; ``(2) the establishment and maintenance of multiple sites or research centers that capture the diversity of agricultural production systems that function as a network; and ``(3) the coordination of large-scale data collection relating to the sustainability of agricultural systems and the provision of infrastructure to research sites to allow for analyzing and disseminating that data. ``(c) Coordination of Research.--The Secretary shall, in carrying out subsection (a)-- ``(1) coordinate long-term agroecological research to improve understanding within the Department of how agroecosystems function at the field, regional, and national scales; ``(2) designate research sites for inclusion in the Network that are representative of major agricultural regions; ``(3) ensure that each research site included in the Network conducts experiments with common goals and methods-- ``(A) to increase agricultural productivity and profitability; ``(B) to enhance agricultural resilience and the capacity to mitigate and adapt to climate change; ``(C) to boost the provision of ecosystem services from agricultural landscapes; and ``(D) to improve opportunities for rural communities; ``(4) make data collected at research sites included in the Network open to researchers and the public whenever practicable, and integrate data across the network and partner sites; and ``(5) provide infrastructure to research sites included in the Network for data collection, common measurements, and data streams that complement other national networks, such as the National Ecological Observatory Network and the Long-Term Ecological Research network. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030.''. SEC. 206. PUBLIC BREED AND CULTIVAR RESEARCH. (a) In General.--The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of a new variety of an organism through controlled mating and selection without the use of transgenic methods, but which may include the use of information gained through gene sequencing, genomic, and metabolomics analyses to inform mating and selection choices. ``(B) Cultivar.--The term `cultivar' means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species. ``(C) Public breed and cultivar.--The term `public breed and cultivar' means an animal breed or crop cultivar-- ``(i) that is the commercially available end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and ``(ii) for which the rights of farmers to save and use, and rights of breeders to share and improve, are protected.''; and (2) by adding at the end the following: ``(l) Public Breed and Cultivar Development Funding.-- ``(1) In general.--Of the amount of grants made under subsections (b) and (c), the Secretary shall ensure that not less than the following amounts are used for competitive research grants that support the development of public breeds and cultivars: ``(A) $50,000,000 for fiscal year 2022. ``(B) $60,000,000 for fiscal year 2023. ``(C) $70,000,000 for fiscal year 2024. ``(D) $80,000,000 for fiscal year 2025. ``(E) $90,000,000 for fiscal year 2026. ``(F) $100,000,000 for each of the fiscal years 2027 through 2030. ``(2) Priority.--In making grants for the purpose described in paragraph (1), the Secretary shall give priority to high- potential research projects that lead to the release of public breeds and cultivars that assist producers in mitigating and adapting to climate change. ``(3) Grants.--The Secretary shall ensure that-- ``(A) the term of any competitive grant made under subsection (b) for the purpose described in paragraph (1) is not less than 5 years; ``(B) that term and any associated renewal process facilitates the development and commercialization of public breeds and cultivars through long-term grants; and ``(C) when necessary, Tribal consultation occurs to ensure public breed and cultivar development does not infringe on the abilities of Tribes to maintain culturally sensitive breeds and cultivars.''. (b) Public Breed and Cultivar Research Activities Coordinator.-- (1) In general.--Section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended-- (A) in subsection (e), by adding at the end the following: ``(7) Public breed and cultivar research activities coordinator.-- ``(A) In general.--The Under Secretary shall appoint a coordinator within the Office of the Chief Scientist that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))). ``(B) Duties of coordinator.--The coordinator appointed under subparagraph (A) shall-- ``(i) coordinate animal and plant breeding research activities funded by the Department relating to the development and delivery to producers of climate resilient and regionally adapted public breeds and crop cultivars; ``(ii)(I) carry out ongoing analysis and track activities for any Federal research funding supporting animal and plant breeding (including any public breeds and cultivars developed with Federal funds); and ``(II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; ``(iii) develop a strategic plan that establishes targets for public breed and cultivar research investments across the Department to ensure that a diverse range of animal and crop needs are being met in a timely and transparent manner, with a strong focus on delivery of resource-efficient, stress- tolerant, regionally adapted animal breeds and crop cultivars that-- ``(I) help build agricultural resilience to climate change; and ``(II) support on-farm carbon sequestration and greenhouse gas mitigation, nutritional quality, and other farmer-identified priority agronomic and market traits; ``(iv) convene a working group to carry out the coordination functions described in this subparagraph composed of individuals who are responsible for the management, administration, or analysis of public breeding programs within the Department from-- ``(I) the National Institute of Food and Agriculture; ``(II) the Agricultural Research Service; and ``(III) the Economic Research Service; ``(v) to maximize delivery of public breeds and cultivars, promote collaboration among-- ``(I) the coordinator; ``(II) the working group convened under clause (iv); ``(III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843); ``(IV) genetic resource conservation centers; ``(V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); ``(VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))); ``(VIII) Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); ``(IX) nongovernmental organizations with interest or expertise in public breeding; and ``(X) public and private plant breeders; ``(vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public breed and cultivar research activities across the Department; and ``(vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges, including the challenges stemming from climate change.''; and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. (2) Conforming amendment.--Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking ``Scientist; and'' and inserting ``Scientist (including the public breed and cultivar research activities coordinator under subsection (e)(7) of that section); and''. (c) Public Breed and Cultivar Development.--Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921 et seq.) is amended by adding at the end the following: ``SEC. 1681. PUBLIC BREED AND CULTIVAR DEVELOPMENT. ``(a) Funding.--The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the `Secretary') and in conjunction with the Director of the National Genetic Resources Program appointed under section 1633, shall support the development of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))) by Federal researchers. ``(b) Priority.--In supporting research under subsection (a) using funds made available pursuant to subsection (d), the Secretary shall give priority to high-potential research projects that lead to the release of public breeds and cultivars that assist producers in mitigating and adapting to climate change. ``(c) Report.--Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public breed and cultivar research funded by the Agricultural Research Service and the National Institute of Food and Agriculture, including-- ``(1) a list of public breeds and cultivars developed and released in a commercially available form; ``(2) areas of high-priority research; ``(3) identified research gaps relating to public breed and cultivar development, including newly emerging needs stemming from climate change; and ``(4) an assessment of the state of commercialization for breeds and cultivars that have been developed. ``(d) Funding.--Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section.''. SEC. 207. ARS CLIMATE SCIENTIST CAREER DEVELOPMENT PROGRAM. (a) In General.--The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2279c), carry out an internship program within the Agricultural Research Service for graduate students pursuing a degree or conducting research relating to climate change and agriculture. (b) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary may use to carry out the program described in subsection (a) not more than $10,000,000 for each of fiscal years 2022 through 2030. SEC. 208. AGRICULTURAL CLIMATE ADAPTATION AND MITIGATION THROUGH AFRI. Subsection (b)(2) of the Competitive, Special, and Facilities Grant Act (7 U.S.C. 3157(b)(2)) is amended by adding at the end the following: ``(G) Agricultural climate adaptation and mitigation.--Agricultural climate adaptation and mitigation, including-- ``(i) strategies for agricultural adaptation to climate change, including adaptation strategies for small and medium- sized dairy, livestock, crop, and other commodity operations; ``(ii) on-farm mitigation strategies and solutions, including infrastructure, equipment, and agricultural ecosystems-based strategies; ``(iii) the economic costs, benefits, effectiveness, and viability of producers adopting conservation practices and technologies designed to improve soil health, including carbon sequestration in soil; ``(iv) the effectiveness of existing conservation practices and enhancements to improve soil health, including the effectiveness in sequestering carbon in soil; ``(v) new technologies to measure and verify environmentally beneficial outcomes of healthy soils practices, including carbon sequestration in soil; and ``(vi) links between human health and soil health.''. SEC. 209. SPECIALTY CROP RESEARCH INITIATIVE. Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``, multi-crop production systems,'' after ``specific crops''; (B) in paragraph (4)(E), by striking ``and'' at the end; (C) in paragraph (5), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(6) efforts to mitigate and adapt to climate change, including-- ``(A) on-farm mitigation strategies and solutions, including agricultural ecosystems-based strategies; ``(B) conservation practices and technologies designed to improve soil health, including practices and technologies that sequester carbon in soil; and ``(C) breeding research and cultivar development to help adapt to climate change.''; and (2) in subsection (g)(3)(A), by striking ``equal to not less than the amount of the grant'' and inserting ``in an amount that is equal to not less than 25 percent of the funds provided through the grant''. SEC. 210. INTEGRATED PEST MANAGEMENT. Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: ``(d) Emphasis on Climate Resilience.--The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. ``(e) Ecologically Based Pest Management.--The Secretary shall ensure that grants made under this section to support pest management prioritize ecologically based approaches that-- ``(1) are effective, affordable, and environmentally sound; ``(2) maintain agricultural productivity and healthy communities; and ``(3) improve climate resilience.''. SEC. 211. NATIONAL ACADEMY OF SCIENCES STUDY. (a) Study.--The Secretary, in consultation with the Secretary of Health and Human Services, shall enter into an agreement with the National Academy of Sciences, under which the National Academy agrees to produce an analysis of current scientific findings to determine the links between human health and soil health by-- (1) reviewing existing research on the connections between the human microbiome and soil microbiome; (2) identifying linkages between soil management practices and the nutrient density of foods for human consumption; (3) exploring the potential impact of increasing soil organic matter across the agricultural and food value chain; (4) determining how to best leverage healthy soil management practices to maximize benefits and minimize adverse impacts on human health; and (5) highlighting areas for future research. (b) Report.--The agreement under subsection (a) shall include a requirement that the National Academy of Sciences shall, not later than 2 years after the date of enactment of this Act, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study conducted pursuant to subsection (a). SEC. 212. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS PROGRAM. Section 310B(i)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(2)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) increase resilience by adapting to and mitigating the effects of climate change; and''. TITLE III--SOIL HEALTH SEC. 301. CROP INSURANCE. (a) Voluntary Good Farming Practices.--Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(3)(A)(iii)) is amended-- (1) by striking ``including scientifically'' and inserting the following: ``including-- ``(I) scientifically''; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(II) conservation practices and enhancements that are approved by-- ``(aa) the Natural Resources Conservation Service; or ``(bb) an agricultural expert, as determined by the Secretary.''. (b) Risk-Reduction-Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). ``(B) Risk-reduction farming practices.-- For purposes of subparagraph (A), a risk-reduction farming practice may include any of the following: ``(i) The use of a cover crop. ``(ii) A resource-conserving crop rotation. ``(iii) Management-intensive rotational grazing. ``(iv) Composting. ``(v) Any other risk-reducing and soil health-promoting farming practice, as determined by the Corporation.''. (c) Crop Production on Native Sod Applicability.-- (1) Application to certain states.--Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended by striking paragraph (3). (2) Effective date.--The amendment made by paragraph (1) shall take effect on the first day of the first reinsurance year that begins after the date that is 1 year after the date of enactment of this Act. SEC. 302. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. (a) Purposes.--Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is amended-- (1) in the matter preceding paragraph (1), by striking ``and environmental quality'' and inserting ``environmental quality, and climate change adaptation and mitigation''; (2) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by adding ``and'' at the end; and (C) by adding at the end the following: ``(D) greenhouse gas emissions reduction and carbon sequestration;''; (3) in paragraph (3)(C), by inserting ``reducing greenhouse gas emissions and'' before ``conserving energy''; and (4) in paragraph (4), by inserting ``climate change and'' before ``increasing weather volatility''. (b) Definitions.--Section 1240A(6)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(6)(B)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: ``(vi) greenhouse gas emissions reduction planning; and''. (c) Establishment and Administration of Environmental Quality Incentives Program.-- (1) Establishment.--Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2023'' and inserting ``2030''. (2) Payments.--Section 1240B(d)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(7)(A)) is amended-- (A) in clause (iii), by striking ``; or'' and inserting a semicolon; (B) in clause (iv), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(v) increases carbon sequestration or reduces greenhouse gas emissions.''. (3) Allocation of funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended-- (A) by striking ``2023'' each place it appears and inserting ``2030''; (B) in paragraph (1), by striking ``including grazing management'' and inserting ``of which not less than \2/3\ shall be targeted at practices relating to grazing management''; and (C) in paragraph (2), in the heading of subparagraph (B), by striking ``2023'' and inserting ``2030''. (4) Payments for conservation practices related to organic production.--Section 1240B(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (5) Conservation incentive contracts.--Section 1240B(j) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(j)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``, which may include climate change adaptation and mitigation,'' after ``priority resource concerns''; and (ii) in subparagraph (B), by inserting ``, which may include climate change adaptation and mitigation'' before the period at the end; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii)-- (I) in subclause (I), by striking ``or'' at the end; (II) in subclause (II), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(III) funding, through annual payments, for a suite of incentive practices that are appropriate for the region and land use and that best enhance soil health and carbon sequestration and reduce greenhouse gas emissions, as determined by the Secretary.''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Term.-- ``(i) In general.--A contract under this subsection shall have a term of not less than 5, and not more than 10, years. ``(ii) Graduation option.--The Secretary may reduce the term for a contract under this subsection if the producer enters into a conservation stewardship contract under section 1240K with respect to the eligible land that is subject to the contract under this subsection.''. (d) Environmental Quality Incentives Plan.--Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-5(a)(3)) is amended by inserting ``, and a greenhouse gas emissions reduction plan'' after ``if applicable''. (e) Limitation on Payments.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``Not including payments'' and all that follows through ``2023'' and inserting ``A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, cost-share or incentive payments under this subchapter that, in aggregate, exceed $450,000 for all contracts entered into under this subchapter by the person or legal entity during any 5-fiscal-year period''. (f) Conservation Innovation Grants.-- (1) Air quality concerns from agricultural operations.-- Section 1240H(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)) is amended-- (A) in paragraph (1)-- (i) by striking ``practices to address'' in the first sentence and all that follows through ``The funds'' in the second sentence and inserting the following: ``practices-- ``(i) to address air quality concerns from agricultural operations; and ``(ii) to meet Federal, State, and local-- ``(I) regulatory requirements; and ``(II) goals with respect to greenhouse gas emissions reductions. ``(B) Basis of availability and use.--Funds for payments under subparagraph (A)''; and (ii) in the matter preceding clause (i) (as so designated), by striking ``The Secretary'' and inserting the following: ``(A) In general.--The Secretary''; and (B) in paragraph (2), by striking ``2019 through 2023'' and inserting ``2019 through 2021, and $50,000,000 for each of fiscal years 2022 through 2030''. (2) On-farm conservation innovation trials.--Section 1240H(c)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 8(c)(2)) is amended, in the matter preceding subparagraph (A), by striking ``2019 through 2023'' and inserting ``2019 through 2021, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2022 and 2023, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 through 2030''. SEC. 303. CONSERVATION STEWARDSHIP PROGRAM. (a) Definitions.--Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-21) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``enhancements,'' after ``practices,''; and (B) in subparagraph (B)(v), by inserting ``and climate change'' before the period at the end; and (2) in paragraph (3)(C), by inserting ``maintained, actively'' after ``implemented,''. (b) Conservation Stewardship Program.--Section 1240J(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-22(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``2023'' and inserting ``2030''; and (2) by striking paragraphs (1) and (2) and inserting the following: ``(1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and ``(2) by undertaking additional conservation activities.''. (c) Stewardship Contracts.-- (1) Submission of contract offers.--Section 1240K(a)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(a)(2)(B)) is amended by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and, where practicable, improving''. (2) Evaluation of contract offers.--Section 1240K(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(b)) is amended-- (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: ``(iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that-- ``(I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and ``(II) other national, State, and local priority resource concerns are effectively addressed.''; and (B) by striking paragraph (3). (3) Contract renewal.--Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(e)) is amended-- (A) in paragraph (3)-- (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ``; or'' at the end and inserting ``, if applicable.''; and (iii) by striking ``period--'' in the matter preceding subparagraph (A) and all that follows through ``to meet'' in subparagraph (A) and inserting ``period, to meet''; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (D) by adding at the end the following: ``(2) Ranking and payments.--In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including-- ``(A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and ``(B) the active management and maintenance of ongoing conservation activities, including-- ``(i) the conservation activities adopted during a prior contract period; and ``(ii) the new or improved conservation activities to be adopted if a contract is renewed.''. (d) Duties of the Secretary.-- (1) Climate change adaptation and mitigation.--Section 1240L(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(a)(2)) is amended by inserting ``(which may include climate change adaptation and mitigation)'' after ``priority resource concerns''. (2) Conservation stewardship payments.--Section 1240L(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(c)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``on 1 or more types of eligible land covered by the contract'' after ``activities''; and (ii) in subparagraph (B), by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and improving''; (B) in paragraph (2)-- (i) by striking subparagraph (B) and inserting the following: ``(B) Income forgone by the producer, including amounts that reflect-- ``(i) increased economic risk; and ``(ii) loss in revenue due to-- ``(I) production changes; ``(II) anticipated reductions in yield; ``(III) transitioning to an organic system, resource-conserving cropping system, or perennial production system; or ``(IV) acreage converted to conservation uses.''; and (ii) in subparagraph (E), by inserting ``, actively managed, and, where applicable, improved'' after ``maintained''; and (C) by adding at the end the following: ``(6) Payments for conservation activities related to organic production systems.-- ``(A) In general.--The Secretary shall provide payments under this subsection for conservation activities relating to-- ``(i) organic production; and ``(ii) transitioning to organic production. ``(B) Conservation activities.--Conservation activities described in subparagraph (A) may include-- ``(i) generally available and specifically tailored conservation activities; and ``(ii) individual conservation activities and bundles of conservation activities. ``(7) Minimum payment.--The amount of an annual payment under the program shall be not less than $2,000.''. (3) Supplemental payments.--Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(d)) is amended-- (A) in the subsection heading, by inserting ``, Perennial Production Systems,'' after ``Rotations''; (B) in paragraph (1)-- (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: ``(C) Perennial production system.--The term `perennial production system' means-- ``(i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; ``(ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and ``(iii) the use of cropland for perennial forages or perennial grain crops.''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) a perennial production system.''; and (D) in paragraph (3), by striking ``or advanced grazing management'' and inserting ``, advanced grazing management, or a perennial production system''. (4) Payment for comprehensive conservation plan.--Section 1240L(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(e)(1)) is amended-- (A) by striking the period at the end and inserting the following: ``; and ``(B) with respect to an organic production system-- ``(i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.); or ``(ii) allows a producer to transition to organic production systems and pursue certification under that Act.''; and (B) in the matter preceding subparagraph (B) (as added by subparagraph (A)), by striking ``plan that meets'' and inserting the following: ``plan that-- ``(A) meets''. (5) Payment limitations.--Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(f)) is amended-- (A) by inserting ``(including a joint venture and a general partnership)'' after ``A person or legal entity''; and (B) by striking ``fiscal years 2019 through 2023'' and inserting ``any consecutive 5-fiscal-year period''. (6) Specialty crop and organic producers.--Section 1240L(g) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(g)) is amended by inserting ``, and producers transitioning to organic production systems,'' after ``organic producers''. (7) Soil health.--Section 1240L(k) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(k)) is amended by striking the period at the end and inserting the following: ``, including by-- ``(1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and ``(2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities.''. (e) On-Farm Conservation Stewardship Innovation Grants.--Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) is amended by adding at the end the following: ``SEC. 1240L-2. ON-FARM CONSERVATION STEWARDSHIP INNOVATION GRANTS. ``(a) Definition of Agricultural Professional.--In this section, the term `agricultural professional' means a university researcher or educator, including an extension agent or specialist, Federal agency field staff, an agricultural consultant, State and local agency staff, Tribal agency staff, a Federally-Recognized Tribes Extension Program agent, and nonprofit organization staff assisting farmers and ranchers at the local level. ``(b) Grants.--Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. ``(c) Participants.--The Secretary shall provide grants under this section-- ``(1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or ``(2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. ``(d) Use.--An entity that receives a grant under this section directly or through a partnership in accordance with subsection (c) shall carry out an on-farm conservation innovation project that-- ``(1) facilitates on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; ``(2) facilitates on-farm research and demonstration or pilot testing of practices and systems with a proven high impact for greenhouse gas emissions reduction and decarbonization and low national or regional adoption rates; or ``(3) helps to prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. ``(e) Incentive Payments.-- ``(1) Agreements.-- ``(A) In general.--In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on whose land an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. ``(B) Amount.--Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. ``(2) Adjusted gross income requirements.-- ``(A) In general.--Adjusted gross income requirements under section 1001D(b)(1) shall-- ``(i) apply to producers receiving payments under this subsection; and ``(ii) be enforced by the Secretary. ``(B) Reporting.--A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. ``(3) Research, technical assistance, and administrative expenses.--The Secretary may provide to a partnership described in paragraph (1)(A) not more than $50,000 for each on-farm conservation innovation project for research, technical assistance, and administrative expenses. ``(4) Length of agreements.--An agreement entered into under paragraph (1)(A) shall be for a period determined by the Secretary that is-- ``(A) not less than 2 years; and ``(B) if appropriate, more than 2 years, including if the longer period is appropriate to support-- ``(i) adaptive management over multiple crop years; and ``(ii) adequate data collection and analysis by an agricultural operation or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary. ``SEC. 1240L-3. CONTRIBUTIONS AND CONTRIBUTION AGREEMENTS. ``(a) Contributions.--In carrying out the program, the Secretary may accept financial or other contributions from individuals and public and private entities, if the Secretary determines that the contributions will further the purposes of the program. ``(b) Types of Support.--Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. ``(c) Considerations.--In determining whether to accept a contribution under this section, the Secretary shall consider whether the contribution would target support to 1 or more of the following: ``(1) Resource-conserving crop rotations, advanced grazing management, or perennial production systems. ``(2) Cover crop activities. ``(3) Organic production systems. ``(4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. ``(d) Agreements.--Any contribution under this section shall be made subject to an agreement-- ``(1) between the contributing individual or public or private entity and the Secretary; and ``(2) containing such terms and conditions as the Secretary may require.''. SEC. 304. STATE ASSISTANCE FOR SOIL HEALTH. Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by adding at the end the following: ``SEC. 1240S. STATE ASSISTANCE FOR SOIL HEALTH. ``(a) Availability and Purpose of Grants.--Using funds made available under subsection (k), the Secretary shall make grants to States or Tribal governments for each of fiscal years 2022 through 2030 to be used by State departments of agriculture or appropriate Tribal authorities to develop and implement plans to improve soil health on agricultural land. ``(b) Application.-- ``(1) In general.--A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. ``(2) Use of funds.--A State or Tribal government may request funds under this section-- ``(A) to develop or modify a State or Tribal soil health plan; or ``(B) to implement a State or Tribal soil health plan approved by the Secretary under this section, including through-- ``(i) technical assistance; ``(ii) financial assistance; ``(iii) on-farm research and demonstration; ``(iv) education, outreach, and training; ``(v) monitoring and evaluation; or ``(vi) such other activities as the Secretary determines to be appropriate. ``(3) Plan components.--Prior to approving a State or Tribal soil health plan, the Secretary shall ensure that the plan, at a minimum-- ``(A) is broadly consistent with the soil health principles of the Natural Resources Conservation Service; and ``(B) identifies effective strategies for increasing adoption of regionally appropriate soil health practices and systems on privately owned agricultural land under the jurisdiction of the applicable State or Tribal government. ``(4) Eligibility.--A State or Tribal government may-- ``(A) apply for a grant for the purposes described in paragraph (2)(A) at any time; and ``(B) apply for a grant for the purposes described in paragraph (2)(B) on approval by the Secretary of a soil health plan for the State or Tribal government. ``(c) Tribal Option.--At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. ``(d) Grant Amount.-- ``(1) Maximum.--The maximum grant any 1 State or Tribal government may receive under this section for a fiscal year shall be-- ``(A) in the case of a grant for the purposes described in subsection (b)(2)(A), $1,000,000; and ``(B) in the case of a grant for the purposes described in subsection (b)(2)(B), $5,000,000. ``(2) Federal share.-- ``(A) Grants to states.--The amount of a grant to a State under this section shall not exceed-- ``(i) 75 percent of the cost of developing or modifying a soil health plan; or ``(ii) 50 percent of the cost of implementing the soil health plan. ``(B) Grants to tribes.--The amount of a grant to a Tribal government under this section shall not exceed-- ``(i) 90 percent of the cost of developing or modifying a soil health plan; or ``(ii) 75 percent of the cost of implementing the soil health plan. ``(3) Non-federal funds.--A grant made under this section shall be made on the condition that the non-Federal share of expenditures under paragraph (2) be provided by non-Federal sources. ``(e) Grant Term.--A grant under this section shall be for 1 year and may be renewed annually, at the discretion of the Secretary. ``(f) Priority.--The Secretary shall give priority to States or Tribal governments with a climate action plan that includes soil health, as determined by the Secretary. ``(g) Performance Measures and Evaluation.-- ``(1) Performance measures.--Each application under subsection (b) shall include performance measures to be used to evaluate the results of the assistance received under this section. ``(2) Review.--Each applicable State department of agriculture or Tribal authority shall submit to the Secretary a review and evaluation of the progress of the State department of agriculture or Tribal authority, using the performance measures under paragraph (1), at such intervals as the Secretary shall establish. ``(h) Effect of Noncompliance.--If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. ``(i) Audit Requirement.--For each year that a State or Tribal government receives a grant under this section, the State or Tribal government shall-- ``(1) conduct an audit of the expenditures of grant funds by the State or Tribal government; and ``(2) not later than 30 days after the completion of the audit under paragraph (1), submit to the Secretary a copy of the audit. ``(j) Administration.-- ``(1) Department.--The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. ``(2) States and tribes.--A State or Tribal government receiving a grant under this section may not use more than 7 percent of the funds received under the grant for a fiscal year for administrative expenses. ``(k) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to make grants under this section-- ``(1) $60,000,000 for each of fiscal years 2022 through 2023; ``(2) $80,000,000 for each of fiscal years 2024 through 2026; and ``(3) $100,000,000 for fiscal year 2027 and each fiscal year thereafter.''. SEC. 305. FUNDING AND ADMINISTRATION. (a) Commodity Credit Corporation.-- (1) Annual funding.--Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended-- (A) in the matter preceding paragraph (1), by striking ``For each of fiscal years 2014 through 2023, the Secretary'' and inserting ``The Secretary''; (B) in paragraph (1)-- (i) in subparagraph (A), by inserting ``, and $17,000,000 for the period of fiscal years 2024 through 2030,'' after ``2023''; and (ii) in subparagraph (B), by inserting ``and $70,000,000 for the period of fiscal years 2024 through 2030, including not more than $5,000,000 to provide outreach and technical assistance,'' after ``technical assistance,''; (C) in paragraph (2)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking ``2023.'' and inserting ``2022; and''; and (iii) by adding at the end the following: ``(G) $700,000,000 for each of fiscal years 2023 through 2030.''; and (D) in paragraph (3)-- (i) in subparagraph (A)-- (I) in clause (iv), by striking ``and'' at the end; and (II) by adding at the end the following: ``(vi) $3,000,000,000 for each of fiscal years 2024 through 2030; and''; and (ii) in subparagraph (B)-- (I) in clause (iii), by striking ``$750,000,000'' and inserting ``$2,000,000,000''; (II) in clause (iv), by striking ``$800,000,000 for fiscal year 2022; and'' and inserting ``$2,500,000,000 for fiscal year 2022;''; (III) in clause (v), by striking ``$1,000,000,000 for fiscal year 2023.'' and inserting ``$3,000,000,000 for fiscal year 2023; and''; and (IV) by adding at the end the following: ``(vi) $4,000,000,000 for each of fiscal years 2024 through 2030.''. (2) Availability of funds.--Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ``2023'' and inserting ``2030''. (3) Technical assistance.--Section 1241(c) of the Food Security Act of 1985 (16 U.S.C. 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). ``(B) Provision of technical assistance.--The Secretary shall provide technical assistance under the special initiative under this paragraph to producers-- ``(i) directly; ``(ii)(I) through an agreement with a third-party provider (as defined in section 1242(a)); or ``(II) at the option of the producer, through a payment, as determined by the Secretary, to the producer for a third-party provider approved under section 1242, if available; or ``(iii) through a cooperative agreement or contract with-- ``(I) a cooperative extension; ``(II) a nongovernmental organization; or ``(III) a State, Tribal, or Federal agency. ``(C) Underserved producers.--In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2).''. (4) Assistance to certain farmers or ranchers for conservation access.--Section 1241(h) of the Food Security Act of 1985 (16 U.S.C. 3841(h)) is amended-- (A) in paragraph (1)(B), by striking ``to the maximum extent practicable--'' and all that follows through the period at the end of clause (ii) and inserting ``to the maximum extent practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers.''; and (B) in paragraph (2), by striking ``2023'' and inserting ``2030''. (b) Administrative Requirements for Conservation Programs.-- (1) Incentives for certain farmers and ranchers and indian tribes.--Section 1244(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3844(a)(1)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) to establish a new generation of producers who use the full array of climate-friendly conservation activities that reduce greenhouse gas emissions, increase soil carbon, and improve resilience to weather extremes; and ``(C) to enhance other long-term environmental goals.''. (2) Review and guidance for practice costs and payment rates.--Section 1244(j)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3844(j)(1)(B)) is amended-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2021.''. (3) Advanced grazing management.--Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: ``(q) Advanced Grazing Management.-- ``(1) In general.--In carrying out any conservation program administered by the Secretary, the Secretary shall encourage advanced grazing management, including management-intensive rotational grazing (as those terms are defined in section 1240L(d)(1)). ``(2) Reservation of funds.--In each of fiscal years 2022 through 2030, the Secretary shall use to carry out this subsection not less than \2/3\ of any funds available for activities relating to livestock production under conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D, except for acres enrolled in that program under section 1231(d)(2)).''. (c) Environmental Services Markets.--Section 1245 of the Food Security Act of 1985 (16 U.S.C. 3845) is amended by adding at the end the following: ``(f) Soil Health and Greenhouse Gas Federal Advisory Committee.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee, to be known as the `Soil Health and Greenhouse Gas Federal Advisory Committee' (referred to in this subsection as the `advisory committee'). ``(2) Membership.--In carrying out paragraph (1), the Secretary shall appoint members to the advisory committee that-- ``(A) reflect diversity in gender, age, race, and geography; and ``(B) include-- ``(i) farmers and ranchers, including farmers and ranchers operating small and mid- sized farms; ``(ii) organizations representing farmers and ranchers, including organizations representing farmers and ranchers operating small and mid-sized farms; ``(iii) scientists; ``(iv) environmental nonprofit organizations; ``(v) existing private sector carbon and ecosystem services market development initiatives; ``(vi) businesses working to reduce greenhouse gas emissions from agriculture in the supply chains of the businesses; ``(vii) relevant Federal agencies; ``(viii) youth engaged in the agriculture or food sector; ``(ix) Tribal communities; and ``(x) State agriculture agencies. ``(3) Terms.-- ``(A) Term length.--The term of a member of the advisory committee shall be 2 years. ``(B) Reappointment.--The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. ``(4) Meetings.--The advisory committee shall meet-- ``(A) not fewer than 4 times in the first year after the advisory committee is established; and ``(B) not less frequently than twice annually thereafter. ``(5) Recommendations.--Not later than 1 year after the date on which the advisory committee is established, and periodically thereafter, the advisory committee shall submit to the Secretary recommendations on-- ``(A) the feasibility of establishing reliable outcomes-based measurement systems, as described in subsection (g); ``(B) existing technology that provides reliable measurement data; ``(C) with respect to parameters for which existing technology does not provide reliable measurement data, research and technical needs and, as appropriate, goals and plans for that research; ``(D) standards for data collection and dissemination; ``(E) farmer data management and privacy; ``(F) greenhouse gas emissions and soil health inventories and databases, as described in subsection (h); and ``(G) criteria for soil health and greenhouse gas emissions reductions payments and environmental markets, as described in subsection (i). ``(g) Measurement System.-- ``(1) Purpose.--The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems-- ``(A) can be implemented quickly; ``(B) can improve in accuracy and ease over time; ``(C) use the best available science and technology; and ``(D) are cost-effective. ``(2) Guidance.--Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue guidance on the outcomes-based measurement systems evaluated under paragraph (1), based on-- ``(A) recommendations from the advisory committee established under subsection (f); and ``(B) information from-- ``(i) agroecosystem models, including COMET Farm and COMET Farm Planner; ``(ii) remote sensing data and analysis, including the Operational Tillage Information System; ``(iii) soil health demonstration trials carried out under section 1240H(c)(7); ``(iv) existing and emerging public and private environmental services protocols, measurement systems, and benchmarks; and ``(v) field-level measurement. ``(3) Review.--The Secretary, based on recommendations from the advisory committee established under subsection (f), shall-- ``(A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; ``(B) conduct a periodic review of that system; ``(C) periodically make any necessary updates to that system; and ``(D) establish research and development goals and plans, as necessary. ``(h) Inventory.-- ``(1) In general.--Not later than 18 months after the date of enactment of this subsection, and every 2 years thereafter, the Secretary, in consultation with the advisory committee established under subsection (f) and the Administrator of the Environmental Protection Agency, shall conduct a nationwide soil health and agricultural greenhouse gas emissions inventory that uses the best available science and data to establish expected average performance for soil carbon drawdown and storage and greenhouse gas emissions reduction by primary production type and production region. ``(2) Database.--The Secretary shall-- ``(A) establish an accessible and interoperable database for the information collected through the inventory conducted under paragraph (1); and ``(B) improve and update that database not less frequently than once every 2 years as new data is collected. ``(i) Criteria.-- ``(1) In general.--The Secretary, in consultation with the advisory committee established under subsection (f), shall establish criteria for payments, credits, or other forms of incentives to inform policy and markets established to promote soil carbon sequestration or greenhouse gas emissions reductions. ``(2) Requirements.--The criteria established under paragraph (1) shall-- ``(A) have a documented likelihood to lead to long- term net increases in soil carbon sequestration and net reductions in greenhouse gas emissions, according to the best available science; ``(B) be based in part on environmental impact modeling of the changes of shifting from baseline agricultural practices to new or improved agricultural practices; and ``(C) be designed to prevent the degradation of other natural resource or environmental conditions. ``(j) Demonstration Trials.-- ``(1) In general.--The Secretary shall periodically review the results from soil health demonstration trials carried out under section 1240H(c)(7), and other similar public and private demonstration trials that the Secretary determines to be appropriate, to inform the activities under subsections (g), (h), and (i). ``(2) Recommendations.--In submitting reports pursuant to section 1240H(c)(7)(C)(ii), the Secretary shall include any recommendations to Congress for changes or additions to the conservation programs under this Act that the Secretary determines to be appropriate to accelerate net increases in soil carbon sequestration and other improvements in soil health.''. SEC. 306. STUDY AND REPORT ON FEASIBILITY OF AGRICULTURAL CARBON CAPTURE TAX CREDIT. (a) Study.--The Secretary of the Treasury (referred to in this section as ``the Secretary''), in coordination with the Secretary of Agriculture, shall conduct a study of the feasibility of developing a credit against Federal taxes to incentivize carbon capture on farms and ranches. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study described in subsection (a), including whether or not to proceed with the development of the tax credit described in such subsection and, if so, detailed recommendations for-- (1) which taxpayers should be eligible for the credit; (2) methods for measuring (if feasible) or estimating baseline soil carbon conditions on a farm or ranch; (3) methods for measuring (if feasible) or estimating the amount of soil carbon sequestered or abated on a farm or ranch; (4) incentivizing early adoption of carbon capture practices; (5) the number of years a taxpayer should be eligible for the credit; (6) establishing rules for recapture in instances in which carbon capture ceases or carbon is not retained in soil; (7) establishing rules for recapture if ownership of land is transferred; (8) setting the dollar value of the credit; (9) setting phase outs for credit eligibility; (10) establishing certification requirements for carbon capture; (11) establishing rules for attributing the credit to a taxpayer; (12) establishing rules for carrying over unused credits; and (13) such other provisions as the Secretary determines necessary. SEC. 307. CONSERVATION COMPLIANCE. (a) Definitions.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended-- (1) in paragraph (3)-- (A) by striking ``highly erodible'' each place it appears; and (B) in subparagraph (B), by striking ``and conservation treatment measures'' and inserting ``crop rotation and cover crop systems, and other relevant conservation treatment measures''; (2) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B)-- (i) by striking ``or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland'' and inserting ``and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(C) are designed to achieve, within 5 years of actively applying a conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and ``(D) are designed to effectively prevent the formation of new, or treat all existing, ephemeral gullies.''; and (3) in paragraph (11)(A)(ii), by striking ``excessive average annual rate of erosion in relation to'' and inserting ``average annual rate of erosion exceeding twice''. (b) Cropland Conservation.-- (1) Program ineligibility.--Section 1211 of the Food Security Act of 1985 (16 U.S.C. 3811) is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``produces an agricultural commodity'' and all that follows through ``as determined by the Secretary'' and inserting ``carries out an activity described in subsection (b), as determined by the Secretary,''; and (ii) in paragraph (1)(D), by inserting ``cropland or'' before ``highly erodible land''; (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: ``(b) Activities Described.--Activities referred to in subsection (a) are-- ``(1) the production of an agricultural commodity on a field on which highly erodible land is predominant; ``(2) the designation of land on which highly erodible land or cropland is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity; and ``(3) the production of an agricultural commodity without having in place a conservation plan.''; and (D) in subsection (c) (as so redesignated), by striking the heading and inserting ``Authority of Secretary.--''. (2) Exemptions.--Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended-- (A) in subsection (a)(3), in the first and second sentences, by striking ``only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than'' and inserting ``be required to apply a conservation plan established under this subtitle consistent with''; and (B) in subsection (f)(4)(A)-- (i) in clause (i), by striking ``highly erodible''; and (ii) in clause (ii)(II), by inserting ``and soil health'' after ``erosion control''. (3) Conforming amendment.--Subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) is amended in the subtitle heading by striking ``Highly Erodible Land'' and inserting ``Cropland''. SEC. 308. NATIONAL AND REGIONAL AGROFORESTRY CENTERS. Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624) is amended-- (1) by striking the section heading and inserting ``national and regional agroforestry centers''; (2) by striking subsection (a) and inserting the following: ``(a) National and Regional Agroforestry Centers.-- ``(1) In general.--The Secretary of Agriculture (referred to in this section as the `Secretary')-- ``(A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a Semiarid Agroforestry Research, Development, and Demonstration Center; and ``(B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. ``(2) National and regional directors.--The Secretary shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (b).''; (3) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``Center'' and inserting ``Centers established under subparagraphs (A) and (B) of subsection (a)(1) (referred to in this section as the `Centers')''; (B) in paragraph (1), by striking ``on semiarid lands that'' and inserting ``that build soil health and''; (C) in paragraph (3), by striking ``from semiarid land''; (D) in paragraph (4)-- (i) by striking ``in semiarid regions''; and (ii) by striking ``the Great Plains region'' and inserting ``particular regions''; (E) by striking paragraph (6) and inserting the following: ``(6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity;''; (F) in paragraph (7), by striking ``on semiarid lands''; (G) in paragraph (8), by striking ``on semiarid lands worldwide'' and inserting ``worldwide, including on semiarid land''; and (H) in paragraph (9)-- (i) by striking ``on semiarid lands''; and (ii) by inserting ``and climate change'' after ``pollution''; (4) in subsection (c), in the matter preceding paragraph (1), by striking ``Center'' and inserting ``Centers''; and (5) in subsection (d), by striking ``through 2023'' and inserting ``through 2021 and $25,000,000 for each of fiscal years 2022 through 2030''. TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY SEC. 401. LOCAL AGRICULTURE MARKET PROGRAM. Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c) is amended-- (1) in subsection (a)(12)(A)-- (A) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (iii) the following: ``(iv) is produced and marketed in a manner that significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; ``(v) when added to the crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the semicolon at the end and inserting ``, including value-added agricultural products from crops or animals that, when added into crop or grazing rotations on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; and''; and (iii) by adding at the end the following: ``(D) markets for agricultural commodities and products produced in a manner that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; (B) in paragraph (3)-- (i) by striking ``and local'' and inserting ``, local''; and (ii) by inserting ``, and production and marketing approaches to significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions'' before the semicolon at the end; (C) in paragraph (5), by striking ``and'' at the end; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: ``(6) enhances the economic viability of producers and related agricultural enterprises; and''; (3) in subsection (d)-- (A) in paragraph (1), by striking ``subsection (i)'' and inserting ``subsection (j)''; (B) in paragraph (2)-- (i) in subparagraph (C)-- (I) in clause (i), by striking ``and'' at the end; (II) in clause (ii), by adding ``and'' at the end; and (III) by adding at the end the following: ``(iii) agricultural commodities and products that are produced and marketed in a manner that-- ``(I) significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or ``(II) when added to a crop or grazing rotation on a farm will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; and (ii) in subparagraph (F), by striking ``producers of local food products and value- added agricultural products in new and existing markets'' and inserting the following: ``producers of-- ``(i) local food products; ``(ii) value-added agricultural products in new and existing markets; and ``(iii) agricultural commodities and products that are produced in a manner that-- ``(I) enhances soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or ``(II) when added to a crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; and (C) in paragraph (5)(A), by inserting ``and the Chief of the Natural Resources Conservation Service'' before the period at the end; (4) in subsection (e)(2)(A), by striking ``subsection (i)'' and inserting ``subsection (j)''; (5) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; (6) by inserting after subsection (e) the following: ``(f) Farm Viability and Local Climate Resiliency Centers.-- ``(1) In general.--The Secretary, acting through the Administrator of the Agricultural Marketing Service and in coordination with the Administrator of the Rural Business- Cooperative Service and the Chief of the Natural Resources Conservation Service, shall provide grants to eligible entities described in paragraph (2) to serve as farm viability and local climate resiliency centers (referred to in this section as `centers') to support-- ``(A) efforts to enhance farm viability; and ``(B) the development, coordination, and expansion of markets for commodities and farm products that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions. ``(2) Eligible entities.--An entity is eligible to receive a grant under this subsection if the entity is-- ``(A) an agricultural cooperative or other agricultural business entity or a producer network or association; ``(B) a local, State, or Tribal government; ``(C) a nonprofit corporation; ``(D) a public benefit corporation; ``(E) an economic development corporation; ``(F) an institution of higher education; or ``(G) such other entity as the Secretary may designate. ``(3) Use of funds.--An eligible entity receiving a grant under this subsection shall use grant funds to provide to entities described in subsection (d)(5)(B)-- ``(A) assistance for the development of business plans and feasibility studies; ``(B) assistance in developing marketing strategies for-- ``(i) local products; and ``(ii) value-added agricultural products in new and existing markets; ``(C) assistance in enterprise development for the processing, aggregation, distribution, and storage of-- ``(i) local and regional food products that are marketed locally or regionally; and ``(ii) value-added agricultural products; ``(D) assistance relating to finances and recordkeeping; ``(E) assistance relating to enterprise and business management; ``(F) assistance relating to ownership succession planning; ``(G) outreach and assistance in the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ``(H) outreach regarding assistance available under subsection (d); ``(I) outreach regarding assistance available through other programs administered by any other Federal agency that supports the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; or ``(J) at the request of the entity described in subsection (d)(5)(B), assistance in applying for a grant under subsection (d), including acting on behalf of the entity in applying for the grant. ``(4) Geographic diversity.--To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. ``(5) Non-federal share.--An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. ``(6) Applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications. ``(B) Competitive process.--The Secretary-- ``(i) shall conduct a competitive process to select applications submitted under subparagraph (A); ``(ii) may assess and rank applications with similar proposals as a group; and ``(iii) shall, prior to accepting applications under that subparagraph, make public the criteria to be used in evaluating the applications. ``(7) Priority.--The Secretary may give priority to applications submitted under paragraph (6)(A) that include-- ``(A) plans to use funds for 3 or more of purposes described in paragraph (3); or ``(B) activities relating to improving the use and expanded adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions while simultaneously improving farm viability. ``(8) Administrative expenses.--An entity receiving a grant under this subsection may use not more than 4 percent of the funds received through the grant for administrative expenses.''; (7) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking ``subsection (i)(3)(E)'' and inserting ``subsection (j)(3)(E)''; and (8) in subsection (j) (as so redesignated)-- (A) in paragraph (1), by striking ``fiscal year 2019'' and inserting ``each of fiscal years 2019 through 2021 and $150,000,000 for fiscal year 2022''; (B) in paragraph (3)-- (i) in subparagraph (A)(i), by striking ``35'' and inserting ``36''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Farmers' market and local food promotion grants.-- ``(i) In general.--Of the funds made available to carry out this section for a fiscal year, 36 percent shall be used for grants under subsection (d)(6). ``(ii) Allocation among subprograms.--Of the funds made available for grants under subsection (d)(6) for a fiscal year-- ``(I) 40 percent shall be made available for farmers' market promotion grants; and ``(II) 60 percent shall be made available for local food promotion grants.''; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f).''; and (E) in subparagraph (E) (as so redesignated), in the matter preceding clause (i), by striking ``or (C)'' and inserting ``(C), or (D)''. SEC. 402. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM. (a) Federal Share.--Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(b)(2)) is amended by striking ``$750'' and inserting ``$1,000''. (b) Mandatory Funding.--Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)(1)) is amended by striking ``shall make available'' in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (C) and inserting ``shall use such sums as are necessary to carry out this section.''. SEC. 403. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARM PROPERTY AND AGRICULTURAL EASEMENTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 121 the following new sections: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY. ``(a) Exclusion.--Gross income shall not include gain from the sale or exchange of qualified farm property if such property is sold to or exchanged with a transferee who-- ``(1) is a qualified farmer, and ``(2) meets the certification requirement of subsection (c). ``(b) Limitation.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of-- ``(A) $500,000 ($1,000,000 in the case of a joint return), over ``(B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(c) Certification Requirement.--A transferee meets the certification requirement of this subsection if such transferee signs a written certification stating the following: ``(1) Use certification as farm for farming purposes.--The use of such property will be as a farm for farming purposes at all times during the recapture period. ``(2) Recapture agreement.--The transferee has been notified of the amount of the tax that will be imposed on such transferee under subsection (d) in the event of a recapture event (as defined in subsection (d)). ``(d) Treatment of Disposition or Change in Use of Property.-- ``(1) In general.--If there is a recapture event during the recapture period with respect to any qualified farm property, then the tax imposed under this chapter on the transferee described in subsection (a) for the taxable year which includes the first such recapture event shall be increased by the product of-- ``(A) the amount of the gain excluded from the gross income of the transferor under subsection (a) with respect to the sale or exchange of such qualified farm property, multiplied by ``(B) the rate of tax in effect under section (1)(h)(1)(D). ``(2) Recapture event defined.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified farm property-- ``(A) Cessation of operation.--The cessation of the operation of such property as a farm for farming purposes at any time during the recapture period. ``(B) Failure to materially participate.--The failure of a qualified farmer to materially participate in the operation of the farm at any time during the recapture period. ``(C) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of any interest in such property by the transferee referred to in subsection (a) during the recapture period. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. In the event of such an assumption, this subsection shall apply to the person acquiring such interest as though such person were the transferee referred to therein (and this subsection shall be applied as if there had been no change in ownership). ``(3) Special rules.-- ``(A) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(B) No recapture by reason of hardship.--The increase in tax under this subsection shall not apply to any disposition of property or cessation of the operation of any property as a farm for farming purposes if such disposition or cessation occurs by reason of any hardship. ``(e) Special Rules.--For purposes of this section, rules similar to the rules of subsections (e) and (f) of section 121 shall apply. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified farmer.--The term `qualified farmer' means-- ``(A) a beginning farmer, socially disadvantaged farmer, qualified veteran farmer, young farmer, or ``(B) any entity if 50 percent or more of the capital and profits of such entity are owned by one or more individuals described in paragraph (A). ``(2) Beginning farmer.--The term `beginning farmer' means an individual that-- ``(A) has not operated a farm, or ``(B) as of the date of the sale or exchange described in subsection (a), has operated a farm for not more than 10 years. ``(3) Socially disadvantaged farmer.--The term `socially disadvantaged farmer' means an individual who is a member of one or more of the following groups: ``(A) American Indians. ``(B) Alaska Natives. ``(C) Asians. ``(D) Blacks or African Americans. ``(E) Native Hawaiians or other Pacific Islanders. ``(F) Hispanics. ``(G) Women. ``(4) Qualified veteran farmer.--The term `qualified veteran farmer' means an individual who-- ``(A) first obtained status as a veteran (as defined in section 101(2) of title 38 United States Code) during the 10-year period ending on the date of the sale or exchange described in subsection (a), and ``(B) has not operated a farm during such 10-year period. ``(5) Young farmer.--The term `young farmer' means an individual who has not attained age 46 as of the date of the sale or exchange described to in subsection (a). ``(6) Qualified farm property.--The term `qualified farm property' means real property located in the United States if-- ``(A) during the 5-year period ending on the date of the sale or exchange referred to in subsection (a), such property has been used by the taxpayer or a member of the family of the taxpayer as a farm for farming purposes for periods aggregating 3 years or more, and ``(B) there was material participation by the taxpayer or a member of the family of the taxpayer in the operation of the farm during such 3 years. ``(7) Recapture period.--The term `recapture period' means the 10-year period beginning on the date of the sale or exchange of qualified farm property described in subsection (a). ``(8) Material participation.-- ``(A) In general.--Material participation shall be determined in a manner similar to the manner used for purposes of paragraph (1) of section 1402(a) (relating to net earnings from self-employment). ``(B) Application to entities.-- ``(i) In general.--In the case of a partnership, S corporation, or other entity, the material participating requirements under subsection (d)(2)(B) and paragraph (6)(B) shall be treated as having been met by such partnership, S, corporation, or other entity if there is material participation by individuals owning 50 percent or more of the capital or profits interest of such partnership, S corporation, or other entity. ``(ii) Members of the family.--For purposes of paragraph (6)(B), a member of the family of an individual owning a capital or profits interest of a partnership, S corporation, or other entity shall not be taken into account for purposes of determining whether the partnership, S corporation, or other entity meets the material participating requirements under clause (i) unless such member of the family is also owns a capital or profits interest in such partnership, S corporation, or other entity. ``(9) Other definitions.--The terms `member of the family', `farm', and `farming purposes' have the respective meanings given such terms in section 2032A(e). ``SEC. 121B. EXCLUSION OF GAIN FROM SALE OF AGRICULTURAL CONSERVATION EASEMENT. ``(a) Exclusion.--Gross income shall not include gain from the sale or exchange of an agricultural conservation easement. ``(b) Limitation.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of-- ``(A) $500,000 ($1,000,000 in the case of a joint return), over ``(B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(c) Agricultural Conservation Easement Defined.--The term `agricultural conservation easement' means an easement or conservation- related restriction on agricultural land (granted in perpetuity) that-- ``(1) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land, and ``(2) permits the landowner the right to continue agricultural production and related uses. ``(d) Special Rules.--For purposes of this section, rules similar to the rules of subsections (e) and (f) of section 121 shall apply.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new items: ``121A. Exclusion of gain from sale of qualified farm property. ``121B. Exclusion of gain from sale of agricultural conservation easement.''. (c) Effective Date.--The amendments made by this section shall apply to any sale or exchange in taxable years ending after December 31, 2021. SEC. 404. FARMLAND PROTECTION POLICY ACT. (a) Findings, Purpose, and Definitions.--Section 1540 of the Agriculture and Food Act of 1981 (7 U.S.C. 4201) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (B) by inserting after paragraph (3) the following: ``(4) the Nation's farmland is a vital source of environmental services, such as carbon sequestration;''; (2) in subsection (b), by inserting ``Tribal,'' after ``State,''; and (3) in subsection (c)-- (A) by redesignating paragraphs (1), (2), (3), and (5) as paragraphs (2), (7), (8), and (6), respectively, and moving the paragraphs so as to appear in numerical order; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) the term `conversion' means-- ``(A) the physical conversion of farmland to a nonagricultural use; ``(B) the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; or ``(C) a change in management of federally owned land historically used for agriculture to a nonagricultural use;''; (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (B), by striking ``that is used for'' and inserting ``that is suitable for''; and (ii) in subparagraph (C), by inserting ``and is suitable'' after ``local importance''; (D) by inserting after paragraph (2) (as so redesignated) the following: ``(3) the term `farmland of national significance' means farmland that is the most suitable for intensive crop and food production, as determined by the Secretary, taking into consideration, among other factors, the physical and chemical characteristics of the farmland;''; (E) in paragraph (4), in the second sentence, by striking ``and'' at the end; (F) by inserting after paragraph (4) the following: ``(5) the term `permanently protected farmland' means farmland encumbered by a conservation easement-- ``(A) held by the Federal Government, a State, Tribal, or local unit of government, or a land conservation organization; and ``(B) that is perpetual or the maximum number of years allowed by State law;''; (G) in paragraph (6) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in paragraph (7) (as so redesignated), by adding ``and'' at the end; and (I) in paragraph (8) (as so redesignated), by striking the semicolon at the end and inserting a period. (b) Farmland Protection Policy.--Section 1541 of the Agriculture and Food Act of 1981 (7 U.S.C. 4202) is amended to read as follows: ``SEC. 1541. FARMLAND PROTECTION POLICY. ``(a) In General.--It is the policy of the United States that Federal programs-- ``(1) shall minimize the conversion of farmland to nonagricultural uses; and ``(2) subject to subsection (d), shall not convert to nonagricultural uses farmland-- ``(A) that is permanently protected farmland; ``(B) that has been defined and delineated by the Secretary under subsection (b)(1) as farmland of national significance; or ``(C) that has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a definition and delineation under subsection (b)(2). ``(b) Definition and Delineation of Land.-- ``(1) National significance.-- ``(A) In general.--The Secretary shall define and delineate farmland of national significance. ``(B) Experts.--The Secretary shall convene a group of experts, including agronomists and soil scientists, to assist the Secretary in carrying out subparagraph (A). ``(2) State significance.--Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. ``(c) Process and Criteria.-- ``(1) Process and criteria.--The Secretary shall develop a process, including criteria-- ``(A) to determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; ``(B)(i) to minimize the conversion of farmland to nonagricultural uses; or ``(ii) in the case of farmland identified under subsection (a)(2), to avoid conversion of the farmland to nonagricultural uses; ``(C) to provide to the Secretary notice regarding actions described in subparagraphs (A) and (B); and ``(D) that the Secretary shall use to make determinations under subsection (d). ``(2) Use required.--Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. ``(d) Exemption.-- ``(1) In general.--Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. ``(2) Minimization of conversion.--In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. ``(e) Information.--The Secretary may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information-- ``(1) useful in restoring, maintaining, and improving the quantity and quality of farmland; and ``(2) concerning the location of permanently protected farmland. ``(f) Assistance.--The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1).''. SEC. 405. AGRICULTURAL CONSERVATION EASEMENT PROGRAM. Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended-- (1) in subsection (b)-- (A) in paragraph (4)(C)(iv), by striking ``only''; and (B) by adding at the end the following: ``(6) Condition of assistance.-- ``(A) In general.--As a condition of receiving cost-share assistance under this section, the owner of eligible land shall agree to have in place a conservation plan that addresses applicable resource concerns for the land subject to the easement, including soil health and greenhouse gas emissions reduction, not later than 3 years after the date on which the easement is granted. ``(B) Bureau of indian affairs.--Subparagraph (A) may be satisfied by having in place a conservation plan developed or recognized by the Bureau of Indian Affairs.''; and (2) by striking subsection (d) and inserting the following: ``(d) Technical Assistance.--The Secretary may provide technical assistance, if requested, to assist in-- ``(1) compliance with the terms and conditions of an easement; and ``(2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable-- ``(A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and ``(B) a comprehensive conservation plan developed pursuant to subsection (e)(1). ``(e) Financial Assistance.-- ``(1) In general.-- ``(A) Enrollment in csp.--At the sole option of the owner of the eligible land subject to an easement, the Secretary shall provide for the automatic enrollment of the eligible land subject to the easement in the conservation stewardship program established by subchapter B of chapter 4 of subtitle D, including financial assistance for the development of a comprehensive conservation plan under section 1240L(e), if the person or entity farming the eligible land is otherwise eligible for the conservation stewardship program, as determined by the Secretary. ``(B) Determination of compliance.--In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. ``(C) Funding.--Funding received by an eligible entity pursuant to this paragraph shall not be considered in the calculation of costs under subsection (b). ``(2) Timing.--The owner of the eligible land subject to an easement may exercise the option under paragraph (1)(A) during the 3-year period beginning on the date on which the easement is granted.''. TITLE V--PASTURE-BASED LIVESTOCK SEC. 501. ANIMAL RAISING CLAIMS. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle H--Animal Raising Claims ``SEC. 298A. DEFINITIONS. ``In this subtitle: ``(1) Animal raising claim.--The term `animal raising claim' means a statement on the labeling of a meat food product or poultry product used in interstate commerce that references-- ``(A) the manner in which the source animal for the meat food product or poultry product was raised, including-- ``(i) production practices that were used, such as living or raising conditions; and ``(ii) the location or source where the source animal was born, raised, and processed; or ``(B) the breed of the source animal. ``(2) Meat food product.--The term `meat food product' has the meaning given the term in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601). ``(3) Poultry product.--The term `poultry product' has the meaning given the term in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453). ``(4) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Food Safety and Inspection Service. ``SEC. 298B. REQUIRED VERIFICATION PROCESS FOR ANIMAL RAISING CLAIMS. ``(a) Purpose.--The purpose of this section is to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims. ``(b) Standards and Procedures.-- ``(1) In general.--Not later than 2 years after the date of enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements, the Secretary shall establish-- ``(A) mandatory standards with respect to animal raising claims, including the standards described in paragraph (2); ``(B) procedures-- ``(i) to verify an animal raising claim prior to the use in commerce of any meat food product or poultry product bearing that claim; and ``(ii) that are incorporated seamlessly with the labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and ``(C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. ``(2) Standards.--In developing and approving animal raising claim standards under paragraph (1)(A), the Secretary shall include standards relating to-- ``(A) diet claims, including claims that the source animal was grass fed, vegetarian fed, or fed no animal byproducts; ``(B) living and raising condition claims, including claims that the source animal was cage free, free range, or pasture raised; ``(C) antibiotic and hormone claims, including claims that the source animal was raised without antibiotics, had no hormones added, or was raised without growth promotants; ``(D) source claims that the source animal can be traced back to its farm of origin from birth to slaughter; ``(E) age claims; ``(F) animal welfare claims; ``(G) environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; ``(H) breed claims; and ``(I) any other claim that the Secretary determines appropriate. ``(3) Consistency with other laws.--The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act. ``(c) Third-Party Certification.--A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if-- ``(1) the claim is consistent with standards established by the Secretary under subsection (b); and ``(2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(2) A signed and dated document describing the manner in which the source animals were raised. ``(3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. ``(4) A written description of the identification, control, and segregation of nonconforming animals or products. ``(5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third party certificate. ``(e) Compliance Requirements.--Beginning on the date that is 3 years after the date of enactment of this subtitle-- ``(1) a person may sell or label a domestic meat food product or poultry product with an animal raising claim only if the animal raising claim and the meat food product or poultry product is in compliance with the standards established under subsection (b); and ``(2) an imported meat food product or poultry product may be sold or labeled with an animal raising claim if, as determined by the Secretary, the animal raising claim and the meat food product or poultry product is in compliance with a verification program that provides safeguards and guidelines that are at least equivalent to the standards established under subsection (b). ``(f) Violations.-- ``(1) Misuse of label.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(g) Effect on Other Laws.--Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). ``SEC. 298C. APPLICABILITY. ``This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). ``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle.''. SEC. 502. PROCESSING RESILIENCE GRANT PROGRAM. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 210B. PROCESSING RESILIENCE GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 33806 (July 25, 1996))); ``(B) a slaughtering or processing establishment subject to-- ``(i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act (21 U.S.C. 661); or ``(ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act (21 U.S.C. 454); ``(C) a person, firm, or corporation engaging in custom operations that is exempt from inspection under-- ``(i) section 23 of the Federal Meat Inspection Act (21 U.S.C. 623); or ``(ii) section 15 of the Poultry Products Inspection Act (21 U.S.C. 464); and ``(D) a person seeking-- ``(i) to establish and operate an establishment described in subparagraph (A) or (B); or ``(ii) to engage in custom operations described in subparagraph (C). ``(2) Minority-owned business.--The term `minority-owned business' means a for-profit business not less than 51 percent of which is owned by 1 or more Black American, Native American, Hispanic American, or Asian American individuals. ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Grants.-- ``(1) In general.--The Secretary shall establish a grant program under which the Secretary shall award competitive grants to eligible entities to expand meat and poultry processing capacity, create jobs in, support the health and safety of, and enhance the resilience of the farm and food sector. ``(2) Maximum amount.--The maximum amount of a grant awarded under this section shall not exceed $500,000. ``(c) Applications.-- ``(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 require. ``(2) Applications for small grants.--The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. ``(3) Accessibility of applications.--The Secretary shall ensure that applications for a grant under this section are-- ``(A) accessible online; and ``(B) available through local staff of the Department of Agriculture. ``(4) Reapplication.--If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. ``(5) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or ``(C) support an eligible entity that is a minority-owned business. ``(d) Use of Grant.--An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through-- ``(1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; ``(2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); ``(3) the purchase of cold storage, equipment, or transportation services; ``(4) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; ``(5) the purchase of software and computer equipment for record keeping, production data, and Hazard Analysis and Critical Control Points record review; ``(6) the provision of staff time and training for implementing and monitoring health and safety procedures; ``(7) the development of a feasibility study or business plan for establishing or expanding a small meat or poultry processing facility; and ``(8) other activities associated with expanding or establishing an eligible entity described in subsection (a)(1)(A), as determined by the Secretary. ``(e) Outreach.--Beginning on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. ``(f) Federal Share.--The Federal share of the activities carried out using a grant awarded under this section shall not exceed 50 percent of the cost of those activities. ``(g) Administration.--The promulgation of regulations under, and administration of, this section shall be made without regard to-- ``(1) the notice and comment provisions of section 553 of title 5, United States Code; and ``(2) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(h) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2022 through 2030. ``(2) Authorization of appropriations.--In addition to amounts made available under paragraph (1), there is authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2022 through 2030.''. SEC. 503. CONSERVATION OF PRIVATE GRAZING LAND. (a) Purpose.--Section 1240M(a) of the Food Security Act of 1985 (16 U.S.C. 3839bb(a)) is amended-- (1) in paragraph (6), by inserting ``conserving water and'' before ``improving''; (2) in paragraph (7), by striking ``and'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) conserving and improving soil health and improving grazing system resilience in the face of climate change through advanced grazing management practices; and ``(10) providing support for producers transitioning from confinement and feedlot systems or continuous grazing to managed grazing-based systems, including support for pasture development and management.''. (b) Definitions.--Section 1240M(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839bb(b)(2)) is amended by striking ``hay land'' and inserting ``perennial hay land, including silvopasture''. (c) Private Grazing Land Conservation Assistance.--Section 1240M(c) of the Food Security Act of 1985 (16 U.S.C. 3839bb(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting ``and partnerships described in paragraph (2)(B)'' after ``local conservation districts''; (B) in subparagraph (B), by striking ``grazing land management technologies'' and inserting ``regionally appropriate, advanced grazing land management technologies to improve soil health and maximize carbon sequestration''; (C) in subparagraph (C)(iv), by inserting ``through integrated strategies that include rotational and multispecies grazing, integrated pest management, and other ecological practices'' after ``brush encroachment problems''; (D) in subparagraph (H), by striking ``and'' at the end; (E) in subparagraph (I), by striking the period at the end and inserting ``; and''; and (F) by adding at the end the following: ``(J) assisting producers in transitioning from confinement or feedlot systems or continuous grazing to managed grazing-based systems, including assistance in pasture development and management.''; and (2) by striking paragraph (2) and inserting the following: ``(2) Program elements.-- ``(A) Technical assistance and education.-- Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. ``(B) Partnerships.--In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with-- ``(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(ii) nongovernmental organizations; and ``(iii) Tribal organizations. ``(C) Grants.-- ``(i) In general.--In carrying out the program under this section, the Secretary shall provide funds on a competitive basis to partnerships described in subparagraph (B) to use for State or local action grants to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. ``(ii) Duration.--Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. ``(iii) Cost sharing.--A partnership that receives funding under this subparagraph shall ensure that any funded project provides, from non-Federal sources, funds or in-kind support valued at not less than 25 percent of the total cost of the project. ``(iv) Limitation on indirect costs.--A partnership that receives funding under this subparagraph may not use more than 15 percent of the total cost of the project for the indirect costs of carrying out the project. ``(v) Priority.--A partnership that receives funding under this subparagraph shall give priority to projects that-- ``(I) focus on sustainable grazing management systems and techniques that assist producers with multiple ecosystem services, including climate change adaptation and mitigation; and ``(II) involve beginning farmers and ranchers, socially disadvantaged farmers and ranchers, Tribal producers, or new graziers (including State or federally registered apprenticeships).''. (d) Grazing Technical Assistance Self-Help.--Section 1240M(d) of the Food Security Act of 1985 (16 U.S.C. 3839bb(d)) is amended-- (1) in paragraph (1)(A), by inserting ``and for those interested in beginning grazing'' before the semicolon; (2) in paragraph (2), by striking ``may establish 2'' and inserting ``may establish''; and (3) in paragraph (3)(C)-- (A) in clause (ii), by striking ``and'' at the end; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: ``(iii) will improve climate change adaptation and mitigation; and''. (e) Authorization of Appropriations.--Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. ``(2) Grants.--Of the funds made available under paragraph (1), the Secretary shall use not more than 40 percent to carry out subsection (c)(2)(C). ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2030.''. SEC. 504. CONSERVATION RESERVE PROGRAM. (a) Conservation Reserve.--Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) fiscal years 2024 through 2030, not more than 32,000,000 acres.''; and (2) in paragraph (2)(A)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii)(III), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2030, of which 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c).''. (b) Pilot Programs.--Section 1231C of the Food Security Act of 1985 (16 U.S.C. 3831c) is amended by adding at the end the following: ``(c) Grassland 30.-- ``(1) In general.-- ``(A) Enrollment.--The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a `Grassland 30 contract') in accordance with this subsection. ``(B) Inclusion of acreage limitation.--For purposes of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection. ``(2) Eligible land.--Eligible land for enrollment through a Grassland 30 contract-- ``(A) is land that is eligible to be enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2); and ``(B) shall not be limited to land that is subject to an expired covered contract. ``(3) Expired conservation contract election.-- ``(A) Definition of covered contract.--In this paragraph, the term `covered contract' means a contract entered into under this subchapter that-- ``(i) expires on or after the date of enactment of this subsection; and ``(ii) covers land enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2). ``(B) Election.--On the expiration of a covered contract, an owner or operator party to the covered contract shall elect-- ``(i) not to reenroll the land under the contract; ``(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or ``(iii) not to reenroll the land under the contract and to enroll that land through a Grassland 30 contract under this subsection. ``(4) Term.--The term of a Grassland 30 contract shall be 30 years. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ``(6) Terms and conditions of grassland 30 contracts.-- ``(A) In general.--A Grassland 30 contract-- ``(i) shall include terms and conditions that promote sustainable grazing systems, protect and enhance soil carbon levels, and are compatible with wildlife habitat conservation, as determined by the Secretary; and ``(ii) may include any additional provision that the Secretary determines is appropriate to carry out this subsection or facilitate the practical administration of this subsection. ``(B) Violation.--On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. ``(C) Compatible uses.--Land subject to a Grassland 30 contract may be used for compatible economic uses, including hunting and fishing, if the use-- ``(i) is specifically permitted by the conservation reserve plan developed for the land; and ``(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established. ``(7) Compensation.-- ``(A) Amount of payments.--The Secretary shall provide payment under this subsection to an owner of land enrolled through a Grassland 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 1231(d)(2). ``(B) Form of payment.--Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). ``(C) Timing.--The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year. ``(D) Payments to others.--The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section-- ``(i) dies; ``(ii) becomes incompetent; ``(iii) is succeeded by another person or entity who renders or completes the required performance; or ``(iv) is otherwise unable to receive the payment. ``(8) Technical assistance.-- ``(A) In general.--The Secretary shall assist owners in complying with the terms and conditions of a Grassland 30 contract. ``(B) Contracts or agreements.--The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a Grassland 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program. ``(9) Administration.-- ``(A) Conservation reserve plan.--The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. ``(B) Delegation of contract administration.-- ``(i) Federal, state, tribal, or local government agencies.--The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, Tribal, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. ``(ii) Conservation organizations.--The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.''. SEC. 505. ALTERNATIVE MANURE MANAGEMENT PROGRAM. Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) (as amended by section 304) is amended by adding at the end the following: ``SEC. 1240T. ALTERNATIVE MANURE MANAGEMENT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible producer.--The term `eligible producer' means a dairy or livestock producer whose baseline manure management practices prior to enrollment in the program include the anaerobic decomposition of volatile solids stored in a lagoon or other predominantly liquid anaerobic environment. ``(2) Non-digester dairy or livestock methane management method.--The term `non-digester dairy or livestock methane management method' means a method that may be used by an operator of a dairy or livestock operation to transition from wet manure handling and storage, where anaerobic conditions are present, to dry manure handling and storage, including-- ``(A) onsite open solar drying or composting of manure; ``(B) conversion of dairy and livestock operations to pasture-based management; ``(C) solid separation technologies; ``(D) scrape conversion; and ``(E) other strategies to mitigate methane emissions from manure management, as determined by the Secretary. ``(3) Onsite open solar drying or composting of manure.-- The term `onsite open solar drying or composting of manure' means the collection, storage, and drying of dairy or livestock manure in a nonliquid environment on a farm or ranch. ``(4) Pasture-based management.--The term `pasture-based management' means a dairy or livestock production system in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically. ``(5) Program.--The term `program' means the alternative manure management program established under subsection (b). ``(6) Scrape conversion.--The term `scrape conversion' means the conversion of a flush water lagoon system to solid- scrape or dry manure management practices, including vacuum technologies for manure management. ``(7) Solid separation technology.--The term `solid separation technology' means a technology designed to separate liquid components of manure from mineral and organic solid components for the purposes of reducing methane emissions. ``(b) Establishment.--The Secretary shall establish an alternative manure management program to support non-digester dairy and livestock methane management method strategies to effectively reduce greenhouse gas emissions and maximize environmental benefits. ``(c) Payments.--During each of fiscal years 2022 through 2030, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the program. ``(d) Practices.--Each eligible producer requesting funding for a project under the program shall include at least 1 of the following project components that reduce baseline methane emissions on the operation of the eligible producer: ``(1) Conversion of a dairy or livestock operation to pasture-based management that eliminates or reduces the quantity of manure stored in anaerobic conditions, including-- ``(A) conversion of a non-pasture dairy or livestock operation to pasture-based management; ``(B) increasing the amount of time livestock spend at pasture at an existing pasture operation; or ``(C) improving pasture-based management, including transitioning to managed rotational grazing. ``(2) Alternative manure treatment and storage practices, including-- ``(A) installation of a compost-bedded pack barn that composts manure; ``(B) installation of slatted floor pit storage manure collection that must be cleaned out at least monthly; or ``(C) other similar practices, as determined by the Secretary. ``(3) Conversion to a solid separation technology system in which manure solids are separated prior to entry into a wet, anaerobic environment at a dairy or livestock operation, or installation of a new solid separation technology system with significantly higher separation efficiency than the existing solid separation system, in conjunction with 1 or more of the following practices: ``(A) Onsite open solar drying or composting of manure. ``(B) Solar drying in an enclosed environment. ``(C) Forced evaporation with natural-gas fueled dryers. ``(D) Storage of manure in unconfined piles or stacks. ``(E) Composting in an enclosed vessel, with forced aeration and continuous mixing. ``(F) Composting in piles with forced aeration but no mixing. ``(G) Composting in intensive windrows with regular turning for mixing and aeration. ``(H) Composting in passive windrows with infrequent turning for mixing and aeration. ``(4) Scrape conversion in conjunction with 1 of the practices described in paragraph (3). ``(e) Term.--A contract under the program shall have a term that does not exceed 3 years. ``(f) Payments.-- ``(1) Availability of payments.--Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). ``(2) Payment amounts.--The Secretary may provide a payment to an eligible producer under the program for an amount that is not more than 100 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training relating to implementing a practice described in subsection (d). ``(3) Limitation on payments.--A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the program that exceed $750,000 during any 5-year period. ``(4) Advanced payments.--The Secretary shall provide not less than 50 percent of the amount of total payments to an eligible producer in advance for all costs relating to purchasing materials and equipment or contracting. ``(g) Modification or Termination of Contracts.-- ``(1) Voluntary modification or termination.--The Secretary may modify or terminate a contract entered into with an eligible producer under the program if-- ``(A) the producer agrees to the modification or termination; and ``(B) the Secretary determines that the modification or termination is in the public interest. ``(2) Involuntary termination.--The Secretary may terminate a contract under the program if the Secretary determines that the eligible producer violated the contract. ``(h) Cluster Applications.--The Secretary shall establish procedures under which-- ``(1) groups of eligible producers may submit a joint application in order to facilitate centralized composting facilities; and ``(2) the Secretary shall apportion payments to each eligible producer associated with such a joint application. ``(i) Evaluation of Applications.-- ``(1) Evaluation criteria.--The Secretary shall develop criteria for evaluating applications that will ensure that the purposes of the program are fulfilled in a cost effective manner and in a manner that will maximize greenhouse gas emissions reductions and overall environmental benefits. ``(2) Grouping of applications.--The Secretary may group and evaluate applications relative to other applications for similar farming operations. ``(j) Duties of Producers.--To receive payments under the program, an eligible producer shall agree-- ``(1) to implement a program plan that describes the greenhouse gas emissions reductions and other environmental benefits to be achieved through 1 or more practices described in subsection (d) that are approved by the Secretary; ``(2) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and ``(3) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan. ``(k) Duties of the Secretary.--The Secretary shall-- ``(1) determine and publish factors for estimating the emissions reductions for each program practice described in subsection (d) to aid eligible producers in the development of applications and program plans; and ``(2) assist an eligible producer in achieving the greenhouse gas emissions reduction and other environmental goals of the program plan by-- ``(A) providing payments for developing and implementing 1 or more practices, as appropriate; and ``(B) providing the producer with information, technical assistance, and training to aid in implementation of the plan. ``(l) Commodity Credit Corporation.-- ``(1) In general.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. ``(2) Funding.--To the maximum extent practicable, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000,000 for the period of fiscal years 2022 through 2030.''. TITLE VI--ON-FARM RENEWABLE ENERGY SEC. 601. RURAL ENERGY FOR AMERICA PROGRAM. Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``and renewable energy development'' and inserting ``, renewable energy development, and the reduction of carbon dioxide and carbon dioxide equivalent emissions''; and (B) in paragraph (2), by striking ``and renewable energy systems'' and inserting ``, renewable energy systems, and carbon dioxide and carbon dioxide equivalent emissions reductions''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) by redesignating subparagraph (E) as subparagraph (G); and (iii) by inserting after subparagraph (D) the following: ``(E) a nonprofit corporation; ``(F) an agricultural cooperative or producer group; and''; (B) in paragraph (3)(D), by inserting before the semicolon at the end the following: ``, including carbon dioxide and carbon dioxide equivalent emissions reductions''; and (C) in paragraph (4)-- (i) in the matter preceding subparagraph (A), by inserting ``, agricultural processors,'' after ``agricultural producers''; (ii) in subparagraph (A), by striking ``and'' at the end; (iii) in subparagraph (B)(ii), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(C) assisting in the development of feasibility studies and plans for implementing recommendations provided under subparagraph (B).''; (3) in subsection (c)-- (A) in paragraph (1)(A)(i), by inserting ``, agricultural processors,'' after ``agricultural producers''; (B) in paragraph (2)-- (i) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (ii) by inserting after subparagraph (E) the following: ``(F) carbon accounting assessments developed under subsection (d) with respect to the renewable energy system to be installed or the energy efficiency upgrade to be undertaken;''; (C) in paragraph (3)-- (i) in subparagraph (A), by striking ``The amount'' and all that follows through ``25 percent'' and inserting ``Except as provided in subparagraph (F), the amount of a grant under this subsection shall not exceed 50 percent''; (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iii) by inserting after subparagraph (B) the following: ``(C) Maximum percentage of loan guarantee.--The portion of a loan that the Secretary may guarantee under this section shall be-- ``(i) in the case of a loan in the amount of not less than $1,000,000, 80 percent of the principal amount of the loan; and ``(ii) in the case of a loan in an amount less than $1,000,000, 90 percent of the principal amount of the loan.''; (iv) in subparagraph (E) (as so redesignated), by striking ``subsection (f)'' and inserting ``subsection (h)''; and (v) by adding at the end the following: ``(F) Underserved producers.--The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 2279(a))) shall not exceed 75 percent of the cost of the activity funded by the grant.''; (D) in paragraph (4), by adding at the end the following: ``(F) Pre-approved technologies.--In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5).''; and (E) by adding at the end the following: ``(5) Pre-approved list.--The Secretary shall, beginning in fiscal year 2022-- ``(A) develop a list of pre-approved technologies and products for purposes of paragraph (4)(F); and ``(B) update that list every 2 fiscal years. ``(6) Priority.--In making grants or loan guarantees under this subsection, the Secretary shall give priority to proposed projects that utilize technologies-- ``(A) with a substantially low carbon footprint; or ``(B) that would result in significant net decreases of carbon dioxide and carbon dioxide equivalent emissions, as determined by the Secretary using the carbon accounting assessments developed under subsection (d).''; (4) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (5) by inserting after subsection (c) the following: ``(d) Carbon Accounting.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021, the Secretary, in collaboration with the National Renewable Energy Laboratory, shall develop carbon accounting assessments for renewable energy systems and energy efficiency upgrades (including technologies on the list described in subsection (c)(5) and technologies described in subsection (h)(5)(A)) supported by assistance provided under this section. ``(2) Program guidance.--The Secretary shall, to the maximum extent practicable, use the carbon accounting assessments developed under paragraph (1) as guides in carrying out this section. ``(e) Regional Demonstration Projects.-- ``(1) In general.--The Secretary shall carry out regional demonstration projects that incentivize agricultural producers to reduce their carbon footprint or overall carbon equivalent emissions to the maximum extent practicable through the use of energy efficiency improvements and renewable energy systems. ``(2) Publicization.--The Secretary shall publicize the results of the regional demonstration projects carried out under paragraph (1).''; (6) in subsection (f) (as so redesignated)-- (A) in the subsection heading, by inserting ``and Technical Assistance'' after ``Outreach''; (B) by striking ``The Secretary shall'' and inserting ``Using funds made available under subsection (h)(4), the Secretary shall''; (C) by inserting ``and technical assistance'' after ``outreach''; and (D) by inserting ``or provided, as applicable,'' after ``conducted''; (7) in subsection (g) (as so redesignated), by striking ``subsection (f)'' each place it appears and inserting ``subsection (h)''; and (8) in subsection (h) (as so redesignated)-- (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: ``(A) $50,000,000 for each of fiscal years 2014 through 2021; ``(B) $100,000,000 for fiscal year 2022; ``(C) $200,000,000 for fiscal year 2023; ``(D) $300,000,000 for fiscal year 2024; and ``(E) $400,000,000 for fiscal year 2025 and each fiscal year thereafter.''; (B) in paragraph (2)(B), by striking ``become available'' and inserting ``be used''; and (C) by adding at the end the following: ``(4) Administrative expenses.--Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. ``(5) Reservation of funds.--Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve-- ``(A) not more than 10 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and ``(B) not more than 5 percent to carry out subsection (e).''. SEC. 602. STUDY ON DUAL-USE RENEWABLE ENERGY SYSTEMS. (a) Definition of Dual-Use Renewable Energy System.--In this section, the term ``dual-use renewable energy system'' means a system under which renewable energy production and agricultural production, including crop or animal production, occurs together on the same piece of land. (b) Study.--The Secretary shall conduct a study on dual-use renewable energy systems that shall include-- (1) an assessment of the compatibility of different species of livestock with different dual-use renewable energy system designs, including-- (A) the optimal height of and distance between solar panels for-- (i) livestock grazing; and (ii) shade for livestock; (B) manure management considerations; (C) fencing requirements; and (D) other animal handling considerations; (2) an assessment of the compatibility of different crop types with different dual-use renewable energy system designs, including-- (A) the optimal height of and distance between solar panels for-- (i) plant shading; and (ii) farm equipment use; (B) the impact on crop yield; and (C) market opportunities to sell crops at a premium price; and (3) a risk-benefit analysis of dual-use renewable energy systems in different regions of the United States, including a comparison between the total greenhouse gas impact of dual-use renewable energy systems and renewable energy systems that displace agricultural production. (c) 5-Year Plan.--Based on the study under subsection (b), the Secretary shall develop a 5-year plan for using the research and extension activities of the Department of Agriculture to better support dual-use renewable energy systems that do not displace agricultural production. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under subsection (b). SEC. 603. AGSTAR PROGRAM. (a) In General.--The Secretary shall maintain the program known as the ``AgSTAR program'' within the Department of Agriculture, under which the Secretary shall-- (1) support the use of anaerobic digestion in the agricultural sector to reduce methane emissions from livestock waste; (2) conduct outreach, education, and training on anaerobic digestion of livestock waste; (3) provide technical and regulatory assistance on anaerobic digestion of livestock waste to stakeholders, including farmers and ranchers, on issues including-- (A) permitting; (B) codigestion of multiple organic wastes in one digester; and (C) interconnection to physically link a digester to the electrical power grid; (4) promote centralized, multifarm digesters that use livestock waste from more than 1 farm or ranch; (5) collect and report data on anaerobic digestion of livestock waste; and (6) maintain a database of on-farm anaerobic digester projects in the United States. (b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (2) Deadline.--The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. (c) Administration.--The Secretary shall carry out the AgSTAR program through the Chief of the Natural Resources Conservation Service-- (1) in coordination with the Administrator of the Environmental Protection Agency and other Federal agencies as necessary; and (2) in partnership with the climate hubs, cooperative extension services, and agencies of the Department of Agriculture. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the AgSTAR program not more than $5,000,000 for each fiscal year. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling SEC. 701. DEFINITIONS. In this subtitle: (1) Administering secretaries.--The term ``administering Secretaries'' means-- (A) the Secretary, with respect to any product that is-- (i) under the jurisdiction of the Secretary; and (ii)(I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453)); (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601)); or (III) an egg product (as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)); and (B) the Secretary of Health and Human Services, with respect to any product that is-- (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)). (2) Discard date.--The term ``discard date'' means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed. (3) Food labeler.--The term ``food labeler'' means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product. (4) Quality date.--The term ``quality date'' means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which-- (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b))). SEC. 702. QUALITY DATES AND DISCARD DATES. (a) Quality Dates.-- (1) In general.--If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase.--The uniform quality date label phrase under this paragraph shall be ``BEST If Used By'' or, if permissible under subsection (c)(3), the standard abbreviation of ``BB'', unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler.--The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (b) Discard Dates.-- (1) In general.--If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). (2) Uniform phrase.--The uniform discard date label phrase under this paragraph shall be ``USE By'' or, if permissible under subsection (c)(3), the standard abbreviation of ``UB'', unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler.--The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality Date and Discard Date Labeling.-- (1) In general.--The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase-- (A) shall be-- (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. (2) Date format.--Each quality date and discard date shall be stated in terms of day and month and, as appropriate, year. (3) Abbreviations.--A food labeler may use a standard abbreviation of ``BB'' and ``UB'' for the quality date and discard date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. (4) Freeze by.--A food labeler may add ``or Freeze By'' following a quality date or discard date uniform phrase. (d) Education.--Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. (e) Rules of Construction; Preemption.-- (1) Infant formula.--This title and the amendments made by this title shall not-- (A) apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); and (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) or other applicable provisions of law. (2) Sale or donation of food based on discard date.-- Nothing in this title or an amendment made by this title prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (3) Time temperature indicator labels.--Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). (4) Preemption.--No State or political subdivision of a State may establish or continue in effect any requirement that-- (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (5) Enforcement.--The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (6) Savings.--Notwithstanding paragraph (4), nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. SEC. 703. MISBRANDING. (a) FDA Violations.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. (b) Poultry Products.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by inserting ``or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021'' before the period at the end. SEC. 704. REGULATIONS. Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this title and the amendments made by this title. SEC. 705. DELAYED APPLICABILITY. This title and the amendments made by this title shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 704. Subtitle B--Other Provisions SEC. 711. COMPOSTING AS CONSERVATION PRACTICE. (a) Definitions.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) (as amended by section 307(a)) is amended-- (1) by redesignating paragraphs (3) through (27) as paragraphs (4) through (28), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Composting practice.--The term `composting practice' means-- ``(A) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is-- ``(i) generated on a farm; or ``(ii) brought to a farm from a nearby community; and ``(B) the use of compost on a farm to improve water retention and soil health, subject to the condition that such a use shall be in compliance with applicable Federal, State, and local laws.''. (b) Conservation Stewardship Program.--Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. (c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting practices'' before the semicolon at the end. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review of any composting facilities practice standard under this subsection, the Secretary shall develop and implement a composting practice standard.''. SEC. 712. AMENDMENTS TO FEDERAL FOOD DONATION ACT. (a) Purpose.--Section 2 of the Federal Food Donation Act of 2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended by striking ``encourage'' and inserting ``require''. (b) Definitions.--Section 3 of the Federal Food Donation Act of 2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Executive agency.--The term `executive agency' has the meaning given the term in section 133 of title 41, United States Code.''. (c) Report on Food Waste by Certain Federal Contractors.--Section 4 of the Federal Food Donation Act of 2008 (42 U.S.C. 1792) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Requirement.--Not later than 180 days after the date of enactment of the Agriculture Resilience Act of 2021, the Federal Acquisition Regulation issued in accordance with section 1121 of title 41, United States Code, shall be revised to provide that, except as provided in paragraph (2), all contracts greater than $10,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that-- ``(A) requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; ``(B) states the terms and conditions described in subsection (b); and ``(C) requires the submission of a report, annually if applicable-- ``(i) in a form and manner specified by the executive agency awarding the contract; and ``(ii) that describes, for each month of performance of the contract during the period covered by the report, the weight of apparently wholesome food that was disposed of pursuant to the contract by-- ``(I) donation, organized by the name of the organization receiving the food; ``(II) composting or other recycling; or ``(III) discarding, organized by the reason that the food was discarded. ``(2) Exception.--Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2021 that prohibits a donation described in paragraph (1)(A).''; and (2) by adding at the end the following: ``(c) Application to Congress.-- ``(1) Contracts.--This Act shall apply to the House of Representatives and the Senate, and to contracts entered into by the House of Representatives and the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency pursuant to this Act. ``(2) Administration.--For purposes of carrying out paragraph (1)-- ``(A) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and ``(B) the Secretary of the Senate shall be considered to be the head of the Senate. ``(d) Reports.-- ``(1) Report to omb.--Not later than 30 days after the date on which an executive agency receives a report described in subsection (a)(1)(C), the executive agency shall submit a copy of the report to the Director of the Office of Management and Budget. ``(2) Report to congress.--The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress.''. (d) Authorization of Appropriations.--The Federal Food Donation Act of 2008 (Public Law 110-247; 122 Stat. 2314) is amended by adding at the end the following: ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2022 and each fiscal year thereafter.''. SEC. 713. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO- ENERGY PROJECTS. (a) In General.--Subtitle G of the Solid Waste Disposal Act (42 U.S.C. 6971 et seq.) is amended by adding at the end the following: ``SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE- TO-ENERGY PROJECTS. ``(a) Definition of State.--In this section, the term `State' means-- ``(1) each of the several States; ``(2) the District of Columbia; ``(3) each territory or possession of the United States; and ``(4) each federally recognized Indian Tribe. ``(b) Grants.--The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. ``(c) Eligible States.-- ``(1) Eligibility.--To be eligible to receive a grant under this section, a State shall-- ``(A) have in effect a plan to limit the quantity of food waste that may be disposed of in landfills in the State; and ``(B) provide to the Administrator-- ``(i) a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, particularly as applied to apparently wholesome food (as defined in section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b))) that may be provided to or received by the State; and ``(ii) a written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the grant is made, in a manner that meets all applicable Federal, State, and local laws that protect human health and the environment. ``(2) Limitation.--A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. ``(3) Preference.--The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each fiscal year.''. (b) Clerical Amendment.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after the item relating to section 7010 the following: ``Sec. 7011. Grants for composting and anaerobic digestion food waste- to-energy projects.''. SEC. 714. SCHOOL FOOD WASTE REDUCTION GRANT PROGRAM. (a) In General.--Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) School Food Waste Reduction Grant Program.-- ``(1) Definition of eligible local educational agency.--In this subsection, the term `eligible local educational agency' means a local educational agency that participates in the school lunch program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(2) Establishment.--The Secretary shall carry out a program to make grants, on a competitive basis, to eligible local educational agencies to carry out food waste measurement, prevention, and reduction projects. ``(3) Regional balance.--In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, ensure-- ``(A) that a grant is awarded to an eligible local educational agency in each region served by the Administrator of the Food and Nutrition Service; and ``(B) equitable treatment of rural, urban, and tribal communities. ``(4) Grants.-- ``(A) Application.--To be eligible to receive a grant under this subsection, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Priority.--In making grants under this subsection, the Secretary shall give priority to an eligible local educational agency that demonstrates in the application submitted under subparagraph (A) that the grant will be used-- ``(i) to carry out experiential education activities that encourage children enrolled in the eligible local educational agency to participate in food waste measurement and education; ``(ii) to prioritize the best use of food in accordance with the Food Recovery Hierarchy published by the Administrator of the Environmental Protection Agency; ``(iii) with respect to food waste prevention and reduction, to collaborate with other eligible local educational agencies, Indian Tribes, nongovernmental and community- based organizations, and other community partners; ``(iv) to establish a food waste measurement, prevention, and reduction project with long-term sustainability; and ``(v) to evaluate the activities described in clauses (i) through (iv) and make evaluation plans. ``(C) Use of funds.--An eligible local educational agency that receives a grant under this subsection shall use the grant to carry out 1 or more of the following activities: ``(i) Planning a food waste measurement, prevention, and reduction project. ``(ii) Implementing a food waste measurement, prevention, and reduction project. ``(iii) Providing training to support a food waste measurement, prevention, and reduction project. ``(iv) Purchasing equipment to support a food waste measurement, prevention, and reduction project. ``(v) Offering food waste education to students enrolled in the eligible local educational agency. ``(D) Cost-sharing.-- ``(i) In general.--The amount of a grant provided under this subsection shall not exceed 75 percent of the total cost of the project for which the grant is provided. ``(ii) Non-federal share.--An eligible local educational agency that receives a grant under this subsection shall use non-Federal funds in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources, to pay for the remaining cost of the project for which the grant is provided. ``(5) Evaluation.-- ``(A) Cooperation.--As a condition of receiving a grant under this subsection, each eligible local educational agency shall agree to cooperate in an evaluation by the Secretary of the project carried out by the eligible local educational agency as part of the evaluation conducted by the Secretary under subparagraph (B). ``(B) Periodic evaluation.--Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021, and every 2 years thereafter, the Secretary shall evaluate the grants made under this subsection, including-- ``(i) the amount of Federal funds used to award those grants; and ``(ii) an evaluation of the outcomes of the projects carried out using those grants. ``(C) Report.--The Secretary shall submit to Congress as a report each evaluation carried out under subparagraph (B).''. (b) Technical Assistance.--Section 21(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) food waste measurement, prevention, and reduction.''. <all>

Agriculture Resilience Act of 2021

A bill to address the impact of climate change on agriculture, and for other purposes.

Agriculture Resilience Act of 2021

Sen. Heinrich, Martin

D

NM

This bill establishes, expands, and revises multiple programs and activities of the Department of Agriculture (USDA) primarily to reduce carbon emissions from the agriculture sector. Specifically, USDA must finalize and implement a plan to achieve net-zero emissions from the sector by 2040. USDA must periodically review and revise the plan, as necessary, and annually report on its implementation. Additionally, the bill expands the scope of various USDA research, extension, and education programs; conservation programs; and livestock programs to incorporate climate change adaption and mitigation. Expanded activities include efforts to improve soil health and preserve farmland and grassland. Further, the bill changes programs that support renewable energy in rural areas to address carbon emissions in the agriculture sector. Among these changes, the bill provides statutory authority for a program for reducing methane emissions from livestock waste that is carried out by the Environmental Protection Agency and transitions the program to USDA. The bill also addresses food waste, for example, by (1) standardizing the voluntary labels used by food producers to indicate the date by which food should be used or discarded, and (2) making composting activities eligible for support through USDA conservation programs. Moreover, the bill establishes grants to reduce and prevent food waste in landfills and in schools.

To address the impact of climate change on agriculture, and for other purposes. 1. National goals. Action plan. Sustainable agriculture research and education resilience initiative. Public breed and cultivar research. Crop insurance. State assistance for soil health. Funding and administration. National and regional agroforestry centers. Local Agriculture Market Program. Agricultural conservation easement program. TITLE V--PASTURE-BASED LIVESTOCK Sec. Animal raising claims. Conservation of private grazing land. Study on dual-use renewable energy systems. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. Definitions. Quality dates and discard dates. 2. In this Act, the term ``Secretary'' means the Secretary of Agriculture. (B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. ``(ii) The Farm Service Agency. ``(iii) The Risk Management Agency. is amended by inserting after section 401 (as added by section 202) the following: ``SEC. ''; and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 3157(a))) by Federal researchers. ``(iv) Composting. ''; and (B) by striking paragraph (3). (3) Contract renewal.--Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) ``(b) Types of Support.--Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. ``(3) Organic production systems. ``(4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. ``(c) Tribal Option.--At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. and inserting ``$3,000,000,000 for fiscal year 2023; and''; and (IV) by adding at the end the following: ``(vi) $4,000,000,000 for each of fiscal years 2024 through 2030.''. ``(5) Non-federal share.--An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. ``(C) Asians. ``(G) Women. FARMLAND PROTECTION POLICY. ``(3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. ``(ii) Duration.--Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. ``(f) Payments.-- ``(1) Availability of payments.--Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). ``(l) Commodity Credit Corporation.-- ``(1) In general.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. 5. ``(ii) Implementing a food waste measurement, prevention, and reduction project.

To address the impact of climate change on agriculture, and for other purposes. 1. National goals. Action plan. Public breed and cultivar research. Crop insurance. State assistance for soil health. Funding and administration. Agricultural conservation easement program. TITLE V--PASTURE-BASED LIVESTOCK Sec. Animal raising claims. Conservation of private grazing land. Study on dual-use renewable energy systems. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. Definitions. 2. In this Act, the term ``Secretary'' means the Secretary of Agriculture. ``(ii) The Farm Service Agency. ``(iii) The Risk Management Agency. is amended by inserting after section 401 (as added by section 202) the following: ``SEC. ''; and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 3157(a))) by Federal researchers. ''; and (B) by striking paragraph (3). (3) Contract renewal.--Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) ``(b) Types of Support.--Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. ``(3) Organic production systems. ``(4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. and inserting ``$3,000,000,000 for fiscal year 2023; and''; and (IV) by adding at the end the following: ``(vi) $4,000,000,000 for each of fiscal years 2024 through 2030.''. ``(C) Asians. FARMLAND PROTECTION POLICY. ``(3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. ``(ii) Duration.--Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. ``(f) Payments.-- ``(1) Availability of payments.--Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). ``(l) Commodity Credit Corporation.-- ``(1) In general.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. 5.

To address the impact of climate change on agriculture, and for other purposes. 1. National goals. Action plan. Sustainable agriculture research and education resilience initiative. Long-Term Agroecological Network. Public breed and cultivar research. Agricultural Climate Adaptation and Mitigation through AFRI. Appropriate technology transfer for rural areas program. Crop insurance. State assistance for soil health. Funding and administration. National and regional agroforestry centers. Local Agriculture Market Program. Agricultural conservation easement program. TITLE V--PASTURE-BASED LIVESTOCK Sec. Animal raising claims. Conservation of private grazing land. Alternative Manure Management Program. Study on dual-use renewable energy systems. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. Definitions. Quality dates and discard dates. Regulations. 2. In this Act, the term ``Secretary'' means the Secretary of Agriculture. (B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. ``(ii) The Farm Service Agency. ``(iii) The Risk Management Agency. ``(B) The Department of the Interior. ``(H) Such other Federal agencies as the Secretary determines to be appropriate. 3103)), cooperative extension services (as defined in that section), and other entities; ``(6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. is amended by inserting after section 401 (as added by section 202) the following: ``SEC. ''; and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 3157(a))) by Federal researchers. ``(ii) A resource-conserving crop rotation. ``(iv) Composting. ''; and (B) by striking paragraph (3). (3) Contract renewal.--Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) ``(b) Types of Support.--Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. ``(3) Organic production systems. ``(4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. ``(c) Tribal Option.--At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. and inserting ``$3,000,000,000 for fiscal year 2023; and''; and (IV) by adding at the end the following: ``(vi) $4,000,000,000 for each of fiscal years 2024 through 2030.''. ``(4) Meetings.--The advisory committee shall meet-- ``(A) not fewer than 4 times in the first year after the advisory committee is established; and ``(B) not less frequently than twice annually thereafter. ``(5) Non-federal share.--An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. ``(C) Asians. ``(G) Women. ``(8) Material participation.-- ``(A) In general.--Material participation shall be determined in a manner similar to the manner used for purposes of paragraph (1) of section 1402(a) (relating to net earnings from self-employment). FARMLAND PROTECTION POLICY. ``(3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. ``(ii) Duration.--Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. ``(f) Payments.-- ``(1) Availability of payments.--Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). ``(l) Commodity Credit Corporation.-- ``(1) In general.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. 601. ``(2) Report to congress.--The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress.''. 5. AUTHORIZATION OF APPROPRIATIONS. ``(ii) Implementing a food waste measurement, prevention, and reduction project.

To address the impact of climate change on agriculture, and for other purposes. 1. National goals. Action plan. Sustainable agriculture research and education resilience initiative. Long-Term Agroecological Network. Public breed and cultivar research. Agricultural Climate Adaptation and Mitigation through AFRI. Appropriate technology transfer for rural areas program. Crop insurance. State assistance for soil health. Funding and administration. National and regional agroforestry centers. Local Agriculture Market Program. National organic certification cost-share program. Agricultural conservation easement program. TITLE V--PASTURE-BASED LIVESTOCK Sec. Animal raising claims. Conservation of private grazing land. Conservation reserve program. Alternative Manure Management Program. Study on dual-use renewable energy systems. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. Definitions. Quality dates and discard dates. Regulations. 2. In this Act, the term ``Secretary'' means the Secretary of Agriculture. 101. (B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. ``(ii) The Farm Service Agency. ``(iii) The Risk Management Agency. ``(iv) The Animal and Plant Health Inspection Service. ``(B) The Department of the Interior. ``(H) Such other Federal agencies as the Secretary determines to be appropriate. 3103)), cooperative extension services (as defined in that section), and other entities; ``(6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. ``(5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including-- ``(A) perennial forages; ``(B) perennial grains; and ``(C) agroforestry. is amended by inserting after section 401 (as added by section 202) the following: ``SEC. ''; and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 3157(a))) by Federal researchers. ``(ii) A resource-conserving crop rotation. ``(iv) Composting. 3839aa- 8(c)(2)) is amended, in the matter preceding subparagraph (A), by striking ``2019 through 2023'' and inserting ``2019 through 2021, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2022 and 2023, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 through 2030''. ''; and (B) by striking paragraph (3). (3) Contract renewal.--Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) 1240L-2. ``(b) Types of Support.--Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. ``(3) Organic production systems. ``(4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. ``(c) Tribal Option.--At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. and inserting ``$3,000,000,000 for fiscal year 2023; and''; and (IV) by adding at the end the following: ``(vi) $4,000,000,000 for each of fiscal years 2024 through 2030.''. ``(4) Meetings.--The advisory committee shall meet-- ``(A) not fewer than 4 times in the first year after the advisory committee is established; and ``(B) not less frequently than twice annually thereafter. ``(5) Non-federal share.--An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. ``(C) Asians. ``(G) Women. ``(8) Material participation.-- ``(A) In general.--Material participation shall be determined in a manner similar to the manner used for purposes of paragraph (1) of section 1402(a) (relating to net earnings from self-employment). FARMLAND PROTECTION POLICY. ``(3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. ``(ii) Duration.--Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. ``(4) Term.--The term of a Grassland 30 contract shall be 30 years. ``(3) Conversion to a solid separation technology system in which manure solids are separated prior to entry into a wet, anaerobic environment at a dairy or livestock operation, or installation of a new solid separation technology system with significantly higher separation efficiency than the existing solid separation system, in conjunction with 1 or more of the following practices: ``(A) Onsite open solar drying or composting of manure. ``(f) Payments.-- ``(1) Availability of payments.--Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). ``(l) Commodity Credit Corporation.-- ``(1) In general.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. 601. 702. (5) Enforcement.--The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this title and the amendments made by this title. ``(2) Report to congress.--The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress.''. 5. AUTHORIZATION OF APPROPRIATIONS. ``(ii) Implementing a food waste measurement, prevention, and reduction project.

To address the impact of climate change on agriculture, and for other purposes. a) Short Title.--This Act may be cited as the ``Agriculture Resilience Act of 2021''. ( b) Table of Contents.--The table of contents for this Act is as follows: Sec. Research, extension, and education purpose. Sustainable agriculture technology development and transfer program. Specialty crop research initiative. TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY Sec. Conservation of private grazing land. Conservation reserve program. Alternative Manure Management Program. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. Subtitle B--Other Provisions Sec. (b) National Goals.--The national goals for the agricultural sector shall be to achieve-- (1) not less than a 50 percent reduction in net greenhouse gas emissions, as compared to those levels during calendar year 2010, by not later than December 31, 2030; and (2) net zero emissions by not later than December 31, 2040. ( (3) Farmland preservation.-- (A) 2030 goal.--The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2021 by not later than December 31, 2030. ( B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. a) In General.--The Secretary shall-- (1) develop a plan (referred to in this section as the ``plan''), which may involve actions to be taken by other Federal agencies, to make significant and rapid progress to achieve the national goals described in section 101; and (2) make the plan available for public comment for a period of not less than 90 days. c) Final Plan.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. (d) Updates.--Beginning 2 years after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and not less frequently than biennially thereafter, the Secretary shall-- (1) review and revise the plan to ensure that the plan is sufficient to achieve the national goals described in section 101; and (2) submit the revised plan to Congress. ( e) Annual Report.--Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report-- (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. REGIONAL HUBS FOR RISK ADAPTATION AND MITIGATION TO CLIMATE CHANGE. ``(ii) The Farm Service Agency. ``(B) The Department of the Interior. ``(F) National Oceanic and Atmospheric Administration. 3103)), conservation districts, and nongovernmental organizations involved in farmer outreach in the region served by the hub to assist producers in developing business plans and conservation plans that take into account emerging climate risk science with respect to crop, production, and conservation system changes that will help producers adapt to a changing climate; and ``(7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et seq. ), ``(2) Lifecycle analysis for total net greenhouse gas emissions related to-- ``(A) alternative cropping systems; ``(B) alternative livestock production systems; ``(C) integrated cropping-livestock systems; ``(D) alternative biofuel crop production systems and biofuel end uses; ``(E) alternative agroforestry practices and systems; and ``(F) alternative forestry management systems. ``(4) Grazing-based livestock management systems to optimize the net greenhouse gas footprint, including-- ``(A) grazing land carbon sequestration; and ``(B) mitigation of enteric methane. ``(5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including-- ``(A) perennial forages; ``(B) perennial grains; and ``(C) agroforestry. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). a) Sustainable Agriculture Research and Education.--Section 1619 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) increase resilience in the context of a changing climate and related economic, social, and environmental shocks. ''; and (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``integrated crop management'' and inserting ``integrated crop and livestock management system or practice''; and (ii) by inserting ``resilience,'' after ``profitability,''; and (B) by striking paragraph (3) and inserting the following: ``(3) The term `resilience' means, with respect to an agricultural management system, the ability of that system to absorb and recover from climate and other disturbances, such that the system is not impacted by severe shocks.''. ( b) Eligibility of Tribal Colleges to Enter Into Research and Extension Project Agreements.--Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5811(b)) is amended by striking ``or Federal or State'' and inserting ``1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)), or Federal, State, or Tribal''. ( ``(2) Discretionary funding.--There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2022 through 2030.''. ( a) Technical Guides and Books.--Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5831) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) adapting to and mitigating the effects of climate change;''; and (2) in subsection (e), by striking ``Soil Conservation'' and inserting ``Natural Resources Conservation''. ( LONG-TERM AGROECOLOGICAL NETWORK. ``(a) In General.-- ``(1) Establishment.--The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the `Long-Term Agroecological Research Network' (referred to in this section as the `Network'). ``(B) To integrate research projects with common measurements on multiple agroecosystems, such as cropland, rangeland, and pastureland. ``(C) To develop new farming systems, practices, and technologies to address agricultural challenges and opportunities, including challenges and opportunities posed by climate change. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030.''. PUBLIC BREED AND CULTIVAR RESEARCH. ( 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of a new variety of an organism through controlled mating and selection without the use of transgenic methods, but which may include the use of information gained through gene sequencing, genomic, and metabolomics analyses to inform mating and selection choices. and (2) by adding at the end the following: ``(l) Public Breed and Cultivar Development Funding.-- ``(1) In general.--Of the amount of grants made under subsections (b) and (c), the Secretary shall ensure that not less than the following amounts are used for competitive research grants that support the development of public breeds and cultivars: ``(A) $50,000,000 for fiscal year 2022. ``(D) $80,000,000 for fiscal year 2025. ``(3) Grants.--The Secretary shall ensure that-- ``(A) the term of any competitive grant made under subsection (b) for the purpose described in paragraph (1) is not less than 5 years; ``(B) that term and any associated renewal process facilitates the development and commercialization of public breeds and cultivars through long-term grants; and ``(C) when necessary, Tribal consultation occurs to ensure public breed and cultivar development does not infringe on the abilities of Tribes to maintain culturally sensitive breeds and cultivars.''. ( 6971) is amended-- (A) in subsection (e), by adding at the end the following: ``(7) Public breed and cultivar research activities coordinator.-- ``(A) In general.--The Under Secretary shall appoint a coordinator within the Office of the Chief Scientist that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))). and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. ( 2) Conforming amendment.--Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking ``Scientist; and'' and inserting ``Scientist (including the public breed and cultivar research activities coordinator under subsection (e)(7) of that section); and''. (c) Public Breed and Cultivar Development.--Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921 et seq.) ``(a) Funding.--The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the `Secretary') and in conjunction with the Director of the National Genetic Resources Program appointed under section 1633, shall support the development of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))) by Federal researchers. ``(d) Funding.--Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section.''. a) In General.--The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2279c), carry out an internship program within the Agricultural Research Service for graduate students pursuing a degree or conducting research relating to climate change and agriculture. ( SPECIALTY CROP RESEARCH INITIATIVE. Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. and (2) in subsection (g)(3)(A), by striking ``equal to not less than the amount of the grant'' and inserting ``in an amount that is equal to not less than 25 percent of the funds provided through the grant''. Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: ``(d) Emphasis on Climate Resilience.--The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. ``(e) Ecologically Based Pest Management.--The Secretary shall ensure that grants made under this section to support pest management prioritize ecologically based approaches that-- ``(1) are effective, affordable, and environmentally sound; ``(2) maintain agricultural productivity and healthy communities; and ``(3) improve climate resilience.''. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS PROGRAM. Section 310B(i)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(2)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) increase resilience by adapting to and mitigating the effects of climate change; and''. a) Voluntary Good Farming Practices.--Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(3)(A)(iii)) is amended-- (1) by striking ``including scientifically'' and inserting the following: ``including-- ``(I) scientifically''; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(II) conservation practices and enhancements that are approved by-- ``(aa) the Natural Resources Conservation Service; or ``(bb) an agricultural expert, as determined by the Secretary.''. ( ``(B) Risk-reduction farming practices.-- For purposes of subparagraph (A), a risk-reduction farming practice may include any of the following: ``(i) The use of a cover crop. c) Crop Production on Native Sod Applicability.-- (1) Application to certain states.--Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended by striking paragraph (3). ( (b) Definitions.--Section 1240A(6)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(6)(B)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: ``(vi) greenhouse gas emissions reduction planning; and''. ( 2) Payments.--Section 1240B(d)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(7)(A)) is amended-- (A) in clause (iii), by striking ``; or'' and inserting a semicolon; (B) in clause (iv), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(v) increases carbon sequestration or reduces greenhouse gas emissions.''. ( (4) Payments for conservation practices related to organic production.--Section 1240B(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. ( and (ii) by striking subparagraph (B) and inserting the following: ``(B) Term.-- ``(i) In general.--A contract under this subsection shall have a term of not less than 5, and not more than 10, years. ``(ii) Graduation option.--The Secretary may reduce the term for a contract under this subsection if the producer enters into a conservation stewardship contract under section 1240K with respect to the eligible land that is subject to the contract under this subsection.''. ( d) Environmental Quality Incentives Plan.--Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-5(a)(3)) is amended by inserting ``, and a greenhouse gas emissions reduction plan'' after ``if applicable''. ( 3839aa-8(b)) is amended-- (A) in paragraph (1)-- (i) by striking ``practices to address'' in the first sentence and all that follows through ``The funds'' in the second sentence and inserting the following: ``practices-- ``(i) to address air quality concerns from agricultural operations; and ``(ii) to meet Federal, State, and local-- ``(I) regulatory requirements; and ``(II) goals with respect to greenhouse gas emissions reductions. 2) On-farm conservation innovation trials.--Section 1240H(c)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 8(c)(2)) is amended, in the matter preceding subparagraph (A), by striking ``2019 through 2023'' and inserting ``2019 through 2021, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2022 and 2023, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 through 2030''. 3839aa-21) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``enhancements,'' after ``practices,''; and (B) in subparagraph (B)(v), by inserting ``and climate change'' before the period at the end; and (2) in paragraph (3)(C), by inserting ``maintained, actively'' after ``implemented,''. ( c) Stewardship Contracts.-- (1) Submission of contract offers.--Section 1240K(a)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(a)(2)(B)) is amended by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and, where practicable, improving''. ( 3839aa-23(b)) is amended-- (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: ``(iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that-- ``(I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and ``(II) other national, State, and local priority resource concerns are effectively addressed. ''; and (B) by striking paragraph (3). ( d) Duties of the Secretary.-- (1) Climate change adaptation and mitigation.--Section 1240L(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(a)(2)) is amended by inserting ``(which may include climate change adaptation and mitigation)'' after ``priority resource concerns''. ( 2) Conservation stewardship payments.--Section 1240L(c) of the Food Security Act of 1985 (16 U.S.C. and (ii) in subparagraph (E), by inserting ``, actively managed, and, where applicable, improved'' after ``maintained''; and (C) by adding at the end the following: ``(6) Payments for conservation activities related to organic production systems.-- ``(A) In general.--The Secretary shall provide payments under this subsection for conservation activities relating to-- ``(i) organic production; and ``(ii) transitioning to organic production. ``(7) Minimum payment.--The amount of an annual payment under the program shall be not less than $2,000.''. ( C) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) a perennial production system. ''; 4) Payment for comprehensive conservation plan.--Section 1240L(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(e)(1)) is amended-- (A) by striking the period at the end and inserting the following: ``; and ``(B) with respect to an organic production system-- ``(i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq. ); or ``(ii) allows a producer to transition to organic production systems and pursue certification under that Act. ''; 5) Payment limitations.--Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(f)) is amended-- (A) by inserting ``(including a joint venture and a general partnership)'' after ``A person or legal entity''; and (B) by striking ``fiscal years 2019 through 2023'' and inserting ``any consecutive 5-fiscal-year period''. ( is amended by adding at the end the following: ``SEC. ``(c) Participants.--The Secretary shall provide grants under this section-- ``(1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or ``(2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. ``(e) Incentive Payments.-- ``(1) Agreements.-- ``(A) In general.--In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on whose land an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. ``(B) Amount.--Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. ``(2) Adjusted gross income requirements.-- ``(A) In general.--Adjusted gross income requirements under section 1001D(b)(1) shall-- ``(i) apply to producers receiving payments under this subsection; and ``(ii) be enforced by the Secretary. ``(B) Reporting.--A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. ``(b) Types of Support.--Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. ``(c) Considerations.--In determining whether to accept a contribution under this section, the Secretary shall consider whether the contribution would target support to 1 or more of the following: ``(1) Resource-conserving crop rotations, advanced grazing management, or perennial production systems. ``(3) Organic production systems. ``(b) Application.-- ``(1) In general.--A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. ``(2) Use of funds.--A State or Tribal government may request funds under this section-- ``(A) to develop or modify a State or Tribal soil health plan; or ``(B) to implement a State or Tribal soil health plan approved by the Secretary under this section, including through-- ``(i) technical assistance; ``(ii) financial assistance; ``(iii) on-farm research and demonstration; ``(iv) education, outreach, and training; ``(v) monitoring and evaluation; or ``(vi) such other activities as the Secretary determines to be appropriate. ``(4) Eligibility.--A State or Tribal government may-- ``(A) apply for a grant for the purposes described in paragraph (2)(A) at any time; and ``(B) apply for a grant for the purposes described in paragraph (2)(B) on approval by the Secretary of a soil health plan for the State or Tribal government. ``(d) Grant Amount.-- ``(1) Maximum.--The maximum grant any 1 State or Tribal government may receive under this section for a fiscal year shall be-- ``(A) in the case of a grant for the purposes described in subsection (b)(2)(A), $1,000,000; and ``(B) in the case of a grant for the purposes described in subsection (b)(2)(B), $5,000,000. ``(B) Grants to tribes.--The amount of a grant to a Tribal government under this section shall not exceed-- ``(i) 90 percent of the cost of developing or modifying a soil health plan; or ``(ii) 75 percent of the cost of implementing the soil health plan. ``(g) Performance Measures and Evaluation.-- ``(1) Performance measures.--Each application under subsection (b) shall include performance measures to be used to evaluate the results of the assistance received under this section. ``(h) Effect of Noncompliance.--If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. ``(j) Administration.-- ``(1) Department.--The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. ``(k) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to make grants under this section-- ``(1) $60,000,000 for each of fiscal years 2022 through 2023; ``(2) $80,000,000 for each of fiscal years 2024 through 2026; and ``(3) $100,000,000 for fiscal year 2027 and each fiscal year thereafter.''. FUNDING AND ADMINISTRATION. ( ''; and (D) in paragraph (3)-- (i) in subparagraph (A)-- (I) in clause (iv), by striking ``and'' at the end; and (II) by adding at the end the following: ``(vi) $3,000,000,000 for each of fiscal years 2024 through 2030; and''; and (ii) in subparagraph (B)-- (I) in clause (iii), by striking ``$750,000,000'' and inserting ``$2,000,000,000''; (II) in clause (iv), by striking ``$800,000,000 for fiscal year 2022; and'' and inserting ``$2,500,000,000 for fiscal year 2022;''; (III) in clause (v), by striking ``$1,000,000,000 for fiscal year 2023.'' 2) Availability of funds.--Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ``2023'' and inserting ``2030''. ( 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). ``(C) Underserved producers.--In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2).''. ( 3841(h)) is amended-- (A) in paragraph (1)(B), by striking ``to the maximum extent practicable--'' and all that follows through the period at the end of clause (ii) and inserting ``to the maximum extent practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers. ''; and (B) in paragraph (2), by striking ``2023'' and inserting ``2030''. ( (3) Advanced grazing management.--Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: ``(q) Advanced Grazing Management.-- ``(1) In general.--In carrying out any conservation program administered by the Secretary, the Secretary shall encourage advanced grazing management, including management-intensive rotational grazing (as those terms are defined in section 1240L(d)(1)). ``(2) Reservation of funds.--In each of fiscal years 2022 through 2030, the Secretary shall use to carry out this subsection not less than \2/3\ of any funds available for activities relating to livestock production under conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D, except for acres enrolled in that program under section 1231(d)(2)).''. ( ``(3) Terms.-- ``(A) Term length.--The term of a member of the advisory committee shall be 2 years. ``(B) Reappointment.--The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. ``(g) Measurement System.-- ``(1) Purpose.--The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems-- ``(A) can be implemented quickly; ``(B) can improve in accuracy and ease over time; ``(C) use the best available science and technology; and ``(D) are cost-effective. ``(3) Review.--The Secretary, based on recommendations from the advisory committee established under subsection (f), shall-- ``(A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; ``(B) conduct a periodic review of that system; ``(C) periodically make any necessary updates to that system; and ``(D) establish research and development goals and plans, as necessary. ``(h) Inventory.-- ``(1) In general.--Not later than 18 months after the date of enactment of this subsection, and every 2 years thereafter, the Secretary, in consultation with the advisory committee established under subsection (f) and the Administrator of the Environmental Protection Agency, shall conduct a nationwide soil health and agricultural greenhouse gas emissions inventory that uses the best available science and data to establish expected average performance for soil carbon drawdown and storage and greenhouse gas emissions reduction by primary production type and production region. ``(2) Database.--The Secretary shall-- ``(A) establish an accessible and interoperable database for the information collected through the inventory conducted under paragraph (1); and ``(B) improve and update that database not less frequently than once every 2 years as new data is collected. ``(j) Demonstration Trials.-- ``(1) In general.--The Secretary shall periodically review the results from soil health demonstration trials carried out under section 1240H(c)(7), and other similar public and private demonstration trials that the Secretary determines to be appropriate, to inform the activities under subsections (g), (h), and (i). ``(2) Recommendations.--In submitting reports pursuant to section 1240H(c)(7)(C)(ii), the Secretary shall include any recommendations to Congress for changes or additions to the conservation programs under this Act that the Secretary determines to be appropriate to accelerate net increases in soil carbon sequestration and other improvements in soil health.''. STUDY AND REPORT ON FEASIBILITY OF AGRICULTURAL CARBON CAPTURE TAX CREDIT. ( CONSERVATION COMPLIANCE. ( a) Definitions.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. and (3) in paragraph (11)(A)(ii), by striking ``excessive average annual rate of erosion in relation to'' and inserting ``average annual rate of erosion exceeding twice''. ( b) Cropland Conservation.-- (1) Program ineligibility.--Section 1211 of the Food Security Act of 1985 (16 U.S.C. and (D) in subsection (c) (as so redesignated), by striking the heading and inserting ``Authority of Secretary.--''. ( 2) Exemptions.--Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended-- (A) in subsection (a)(3), in the first and second sentences, by striking ``only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than'' and inserting ``be required to apply a conservation plan established under this subtitle consistent with''; and (B) in subsection (f)(4)(A)-- (i) in clause (i), by striking ``highly erodible''; and (ii) in clause (ii)(II), by inserting ``and soil health'' after ``erosion control''. ( 3) Conforming amendment.--Subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) ``(2) National and regional directors.--The Secretary shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (b). ''; ( TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY SEC. Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. ``(2) Eligible entities.--An entity is eligible to receive a grant under this subsection if the entity is-- ``(A) an agricultural cooperative or other agricultural business entity or a producer network or association; ``(B) a local, State, or Tribal government; ``(C) a nonprofit corporation; ``(D) a public benefit corporation; ``(E) an economic development corporation; ``(F) an institution of higher education; or ``(G) such other entity as the Secretary may designate. ``(4) Geographic diversity.--To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. ``(5) Non-federal share.--An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. ``(6) Applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications. ``(ii) Allocation among subprograms.--Of the funds made available for grants under subsection (d)(6) for a fiscal year-- ``(I) 40 percent shall be made available for farmers' market promotion grants; and ``(II) 60 percent shall be made available for local food promotion grants. ''; ( C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ''; (a) Federal Share.--Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(b)(2)) is amended by striking ``$750'' and inserting ``$1,000''. ( b) Mandatory Funding.--Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)(1)) is amended by striking ``shall make available'' in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (C) and inserting ``shall use such sums as are necessary to carry out this section.''. ``(b) Limitation.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of-- ``(A) $500,000 ($1,000,000 in the case of a joint return), over ``(B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. ``(2) Recapture agreement.--The transferee has been notified of the amount of the tax that will be imposed on such transferee under subsection (d) in the event of a recapture event (as defined in subsection (d)). ``(2) Recapture event defined.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified farm property-- ``(A) Cessation of operation.--The cessation of the operation of such property as a farm for farming purposes at any time during the recapture period. ``(B) Failure to materially participate.--The failure of a qualified farmer to materially participate in the operation of the farm at any time during the recapture period. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. ``(3) Special rules.-- ``(A) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified farmer.--The term `qualified farmer' means-- ``(A) a beginning farmer, socially disadvantaged farmer, qualified veteran farmer, young farmer, or ``(B) any entity if 50 percent or more of the capital and profits of such entity are owned by one or more individuals described in paragraph (A). ``(4) Qualified veteran farmer.--The term `qualified veteran farmer' means an individual who-- ``(A) first obtained status as a veteran (as defined in section 101(2) of title 38 United States Code) during the 10-year period ending on the date of the sale or exchange described in subsection (a), and ``(B) has not operated a farm during such 10-year period. ``(6) Qualified farm property.--The term `qualified farm property' means real property located in the United States if-- ``(A) during the 5-year period ending on the date of the sale or exchange referred to in subsection (a), such property has been used by the taxpayer or a member of the family of the taxpayer as a farm for farming purposes for periods aggregating 3 years or more, and ``(B) there was material participation by the taxpayer or a member of the family of the taxpayer in the operation of the farm during such 3 years. ``(B) Application to entities.-- ``(i) In general.--In the case of a partnership, S corporation, or other entity, the material participating requirements under subsection (d)(2)(B) and paragraph (6)(B) shall be treated as having been met by such partnership, S, corporation, or other entity if there is material participation by individuals owning 50 percent or more of the capital or profits interest of such partnership, S corporation, or other entity. ``(ii) Members of the family.--For purposes of paragraph (6)(B), a member of the family of an individual owning a capital or profits interest of a partnership, S corporation, or other entity shall not be taken into account for purposes of determining whether the partnership, S corporation, or other entity meets the material participating requirements under clause (i) unless such member of the family is also owns a capital or profits interest in such partnership, S corporation, or other entity. ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(c) Agricultural Conservation Easement Defined.--The term `agricultural conservation easement' means an easement or conservation- related restriction on agricultural land (granted in perpetuity) that-- ``(1) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land, and ``(2) permits the landowner the right to continue agricultural production and related uses. b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new items: ``121A. Exclusion of gain from sale of qualified farm property. (b) Farmland Protection Policy.--Section 1541 of the Agriculture and Food Act of 1981 (7 U.S.C. 4202) is amended to read as follows: ``SEC. ``(2) State significance.--Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. ``(2) Use required.--Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. ``(d) Exemption.-- ``(1) In general.--Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. ``(f) Assistance.--The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1).''. and (2) by striking subsection (d) and inserting the following: ``(d) Technical Assistance.--The Secretary may provide technical assistance, if requested, to assist in-- ``(1) compliance with the terms and conditions of an easement; and ``(2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable-- ``(A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and ``(B) a comprehensive conservation plan developed pursuant to subsection (e)(1). ``(B) Determination of compliance.--In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. ``(2) Timing.--The owner of the eligible land subject to an easement may exercise the option under paragraph (1)(A) during the 3-year period beginning on the date on which the easement is granted.''. ``In this subtitle: ``(1) Animal raising claim.--The term `animal raising claim' means a statement on the labeling of a meat food product or poultry product used in interstate commerce that references-- ``(A) the manner in which the source animal for the meat food product or poultry product was raised, including-- ``(i) production practices that were used, such as living or raising conditions; and ``(ii) the location or source where the source animal was born, raised, and processed; or ``(B) the breed of the source animal. ``(2) Meat food product.--The term `meat food product' has the meaning given the term in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601). and the Poultry Products Inspection Act (21 U.S.C. 451 et seq. ); and ``(C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. ``(3) Consistency with other laws.--The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act. ``(c) Third-Party Certification.--A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if-- ``(1) the claim is consistent with standards established by the Secretary under subsection (b); and ``(2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(4) A written description of the identification, control, and segregation of nonconforming animals or products. ``(5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third party certificate. ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(g) Effect on Other Laws.--Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) 210B. PROCESSING RESILIENCE GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. ``(2) Minority-owned business.--The term `minority-owned business' means a for-profit business not less than 51 percent of which is owned by 1 or more Black American, Native American, Hispanic American, or Asian American individuals. ``(b) Grants.-- ``(1) In general.--The Secretary shall establish a grant program under which the Secretary shall award competitive grants to eligible entities to expand meat and poultry processing capacity, create jobs in, support the health and safety of, and enhance the resilience of the farm and food sector. ``(3) Accessibility of applications.--The Secretary shall ensure that applications for a grant under this section are-- ``(A) accessible online; and ``(B) available through local staff of the Department of Agriculture. ``(5) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or ``(C) support an eligible entity that is a minority-owned business. or the Poultry Products Inspection Act (21 U.S.C. 451 et seq. ``(e) Outreach.--Beginning on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. ``(f) Federal Share.--The Federal share of the activities carried out using a grant awarded under this section shall not exceed 50 percent of the cost of those activities. ``(h) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2022 through 2030. b) Definitions.--Section 1240M(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839bb(b)(2)) is amended by striking ``hay land'' and inserting ``perennial hay land, including silvopasture''. ( and (2) by striking paragraph (2) and inserting the following: ``(2) Program elements.-- ``(A) Technical assistance and education.-- Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. ``(B) Partnerships.--In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with-- ``(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(ii) nongovernmental organizations; and ``(iii) Tribal organizations. ``(C) Grants.-- ``(i) In general.--In carrying out the program under this section, the Secretary shall provide funds on a competitive basis to partnerships described in subparagraph (B) to use for State or local action grants to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. ``(v) Priority.--A partnership that receives funding under this subparagraph shall give priority to projects that-- ``(I) focus on sustainable grazing management systems and techniques that assist producers with multiple ecosystem services, including climate change adaptation and mitigation; and ``(II) involve beginning farmers and ranchers, socially disadvantaged farmers and ranchers, Tribal producers, or new graziers (including State or federally registered apprenticeships).''. ( e) Authorization of Appropriations.--Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2030.''. and (2) in paragraph (2)(A)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii)(III), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2030, of which 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c).''. ( 3831c) is amended by adding at the end the following: ``(c) Grassland 30.-- ``(1) In general.-- ``(A) Enrollment.--The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a `Grassland 30 contract') in accordance with this subsection. ``(3) Expired conservation contract election.-- ``(A) Definition of covered contract.--In this paragraph, the term `covered contract' means a contract entered into under this subchapter that-- ``(i) expires on or after the date of enactment of this subsection; and ``(ii) covers land enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2). ``(B) Election.--On the expiration of a covered contract, an owner or operator party to the covered contract shall elect-- ``(i) not to reenroll the land under the contract; ``(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or ``(iii) not to reenroll the land under the contract and to enroll that land through a Grassland 30 contract under this subsection. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ``(B) Violation.--On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. ``(B) Form of payment.--Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). ``(D) Payments to others.--The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section-- ``(i) dies; ``(ii) becomes incompetent; ``(iii) is succeeded by another person or entity who renders or completes the required performance; or ``(iv) is otherwise unable to receive the payment. ``(9) Administration.-- ``(A) Conservation reserve plan.--The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. ``(B) Delegation of contract administration.-- ``(i) Federal, state, tribal, or local government agencies.--The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, Tribal, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. ``(a) Definitions.--In this section: ``(1) Eligible producer.--The term `eligible producer' means a dairy or livestock producer whose baseline manure management practices prior to enrollment in the program include the anaerobic decomposition of volatile solids stored in a lagoon or other predominantly liquid anaerobic environment. ``(3) Onsite open solar drying or composting of manure.-- The term `onsite open solar drying or composting of manure' means the collection, storage, and drying of dairy or livestock manure in a nonliquid environment on a farm or ranch. ``(4) Pasture-based management.--The term `pasture-based management' means a dairy or livestock production system in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically. ``(7) Solid separation technology.--The term `solid separation technology' means a technology designed to separate liquid components of manure from mineral and organic solid components for the purposes of reducing methane emissions. ``(c) Payments.--During each of fiscal years 2022 through 2030, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the program. ``(3) Conversion to a solid separation technology system in which manure solids are separated prior to entry into a wet, anaerobic environment at a dairy or livestock operation, or installation of a new solid separation technology system with significantly higher separation efficiency than the existing solid separation system, in conjunction with 1 or more of the following practices: ``(A) Onsite open solar drying or composting of manure. ``(E) Composting in an enclosed vessel, with forced aeration and continuous mixing. ``(F) Composting in piles with forced aeration but no mixing. ``(3) Limitation on payments.--A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the program that exceed $750,000 during any 5-year period. ``(h) Cluster Applications.--The Secretary shall establish procedures under which-- ``(1) groups of eligible producers may submit a joint application in order to facilitate centralized composting facilities; and ``(2) the Secretary shall apportion payments to each eligible producer associated with such a joint application. ``(2) Grouping of applications.--The Secretary may group and evaluate applications relative to other applications for similar farming operations. ``(j) Duties of Producers.--To receive payments under the program, an eligible producer shall agree-- ``(1) to implement a program plan that describes the greenhouse gas emissions reductions and other environmental benefits to be achieved through 1 or more practices described in subsection (d) that are approved by the Secretary; ``(2) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and ``(3) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan. ``(2) Funding.--To the maximum extent practicable, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000,000 for the period of fiscal years 2022 through 2030.''. Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. ''; (iv) in subparagraph (E) (as so redesignated), by striking ``subsection (f)'' and inserting ``subsection (h)''; and (v) by adding at the end the following: ``(F) Underserved producers.--The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 2279(a))) shall not exceed 75 percent of the cost of the activity funded by the grant. ''; ( D) in paragraph (4), by adding at the end the following: ``(F) Pre-approved technologies.--In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5). ''; ``(6) Priority.--In making grants or loan guarantees under this subsection, the Secretary shall give priority to proposed projects that utilize technologies-- ``(A) with a substantially low carbon footprint; or ``(B) that would result in significant net decreases of carbon dioxide and carbon dioxide equivalent emissions, as determined by the Secretary using the carbon accounting assessments developed under subsection (d). ''; ( ``(2) Publicization.--The Secretary shall publicize the results of the regional demonstration projects carried out under paragraph (1). B) in paragraph (2)(B), by striking ``become available'' and inserting ``be used''; and (C) by adding at the end the following: ``(4) Administrative expenses.--Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. ``(5) Reservation of funds.--Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve-- ``(A) not more than 10 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and ``(B) not more than 5 percent to carry out subsection (e).''. STUDY ON DUAL-USE RENEWABLE ENERGY SYSTEMS. ( c) 5-Year Plan.--Based on the study under subsection (b), the Secretary shall develop a 5-year plan for using the research and extension activities of the Department of Agriculture to better support dual-use renewable energy systems that do not displace agricultural production. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under subsection (b). b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (2) Deadline.--The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. ( In this subtitle: (1) Administering secretaries.--The term ``administering Secretaries'' means-- (A) the Secretary, with respect to any product that is-- (i) under the jurisdiction of the Secretary; and (ii)(I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453)); (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601)); or (III) an egg product (as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)); and (B) the Secretary of Health and Human Services, with respect to any product that is-- (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)). ( 2) Discard date.--The term ``discard date'' means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed. ( (2) Uniform phrase.--The uniform quality date label phrase under this paragraph shall be ``BEST If Used By'' or, if permissible under subsection (c)(3), the standard abbreviation of ``BB'', unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). ( 3) Option of the labeler.--The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality Date and Discard Date Labeling.-- (1) In general.--The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase-- (A) shall be-- (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. ( d) Education.--Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. ( 321)); and (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) or other applicable provisions of law. ( 3) Time temperature indicator labels.--Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). ( (5) Enforcement.--The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. ( b) Poultry Products.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. ( 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. ( d) Egg Products.--Section 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by inserting ``or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021'' before the period at the end. b) Conservation Stewardship Program.--Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. ( d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review of any composting facilities practice standard under this subsection, the Secretary shall develop and implement a composting practice standard.''. a) Purpose.--Section 2 of the Federal Food Donation Act of 2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended by striking ``encourage'' and inserting ``require''. ( ``(2) Exception.--Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2021 that prohibits a donation described in paragraph (1)(A). ''; ``(2) Report to congress.--The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress.''. (d) Authorization of Appropriations.--The Federal Food Donation Act of 2008 (Public Law 110-247; 122 Stat. ``(b) Grants.--The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. ``(2) Limitation.--A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. ``(3) Preference.--The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. (b) Clerical Amendment.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) a) In General.--Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) School Food Waste Reduction Grant Program.-- ``(1) Definition of eligible local educational agency.--In this subsection, the term `eligible local educational agency' means a local educational agency that participates in the school lunch program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(4) Grants.-- ``(A) Application.--To be eligible to receive a grant under this subsection, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(iii) Providing training to support a food waste measurement, prevention, and reduction project. ``(iv) Purchasing equipment to support a food waste measurement, prevention, and reduction project. ``(5) Evaluation.-- ``(A) Cooperation.--As a condition of receiving a grant under this subsection, each eligible local educational agency shall agree to cooperate in an evaluation by the Secretary of the project carried out by the eligible local educational agency as part of the evaluation conducted by the Secretary under subparagraph (B). ``(C) Report.--The Secretary shall submit to Congress as a report each evaluation carried out under subparagraph (B).''. ( b) Technical Assistance.--Section 21(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) food waste measurement, prevention, and reduction.''.

To address the impact of climate change on agriculture, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( Research, extension, and education purpose. State assistance for soil health. Local Agriculture Market Program. Processing resilience grant program. Conservation of private grazing land. Conservation reserve program. Alternative Manure Management Program. TITLE VI--ON-FARM RENEWABLE ENERGY Sec. Delayed applicability. School food waste reduction grant program. In this Act, the term ``Secretary'' means the Secretary of Agriculture. (3) Farmland preservation.-- (A) 2030 goal.--The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2021 by not later than December 31, 2030. ( B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. ( a) In General.--The Secretary shall-- (1) develop a plan (referred to in this section as the ``plan''), which may involve actions to be taken by other Federal agencies, to make significant and rapid progress to achieve the national goals described in section 101; and (2) make the plan available for public comment for a period of not less than 90 days. c) Final Plan.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. ( e) Annual Report.--Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report-- (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: ``(8) accelerate the ability of agriculture and the food system of the United States to first achieve net-zero carbon emissions and then be carbon positive by removing additional carbon dioxide from the atmosphere;''. REGIONAL HUBS FOR RISK ADAPTATION AND MITIGATION TO CLIMATE CHANGE. ``(c) Administration.-- ``(1) In general.--The network established under subsection (a) shall be designated and administered jointly by the Agricultural Research Service and the Forest Service, in partnership with other Federal agencies, including the following: ``(A) Within the Department of Agriculture, the following agencies: ``(i) The Natural Resources Conservation Service. ``(D) The Environmental Protection Agency. 3103)), conservation districts, and nongovernmental organizations involved in farmer outreach in the region served by the hub to assist producers in developing business plans and conservation plans that take into account emerging climate risk science with respect to crop, production, and conservation system changes that will help producers adapt to a changing climate; and ``(7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et seq. ), ``(e) Priorities.--A regional hub established under subsection (a) shall prioritize research and data collection activities in the following areas: ``(1) Improved measurement and monitoring of-- ``(A) soil organic carbon sequestration; and ``(B) total net greenhouse gas impacts of different farming systems and practices. ``(f) Stakeholder Input.--Each regional hub established under subsection (a)-- ``(1) shall solicit input from stakeholders on pressing needs, important issues, and outreach strategies through a variety of mechanisms, including regional stakeholder committees; and ``(2) may partner with stakeholders in conducting research and developing tools. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (b) Eligibility of Tribal Colleges to Enter Into Research and Extension Project Agreements.--Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5811(b)) is amended by striking ``or Federal or State'' and inserting ``1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)), or Federal, State, or Tribal''. ( ``(2) Discretionary funding.--There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2022 through 2030.''. ( a) Technical Guides and Books.--Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5831) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) adapting to and mitigating the effects of climate change;''; and (2) in subsection (e), by striking ``Soil Conservation'' and inserting ``Natural Resources Conservation''. ( ``(a) In General.-- ``(1) Establishment.--The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the `Long-Term Agroecological Research Network' (referred to in this section as the `Network'). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030.''. PUBLIC BREED AND CULTIVAR RESEARCH. ( 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of a new variety of an organism through controlled mating and selection without the use of transgenic methods, but which may include the use of information gained through gene sequencing, genomic, and metabolomics analyses to inform mating and selection choices. ``(B) $60,000,000 for fiscal year 2023. ``(3) Grants.--The Secretary shall ensure that-- ``(A) the term of any competitive grant made under subsection (b) for the purpose described in paragraph (1) is not less than 5 years; ``(B) that term and any associated renewal process facilitates the development and commercialization of public breeds and cultivars through long-term grants; and ``(C) when necessary, Tribal consultation occurs to ensure public breed and cultivar development does not infringe on the abilities of Tribes to maintain culturally sensitive breeds and cultivars.''. ( and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. ( ``(a) Funding.--The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the `Secretary') and in conjunction with the Director of the National Genetic Resources Program appointed under section 1633, shall support the development of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))) by Federal researchers. ``(d) Funding.--Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section.''. a) In General.--The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2279c), carry out an internship program within the Agricultural Research Service for graduate students pursuing a degree or conducting research relating to climate change and agriculture. ( SPECIALTY CROP RESEARCH INITIATIVE. Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: ``(d) Emphasis on Climate Resilience.--The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. Section 310B(i)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(2)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) increase resilience by adapting to and mitigating the effects of climate change; and''. a) Voluntary Good Farming Practices.--Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(3)(A)(iii)) is amended-- (1) by striking ``including scientifically'' and inserting the following: ``including-- ``(I) scientifically''; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(II) conservation practices and enhancements that are approved by-- ``(aa) the Natural Resources Conservation Service; or ``(bb) an agricultural expert, as determined by the Secretary.''. ( b) Risk-Reduction-Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). b) Definitions.--Section 1240A(6)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(6)(B)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: ``(vi) greenhouse gas emissions reduction planning; and''. ( c) Establishment and Administration of Environmental Quality Incentives Program.-- (1) Establishment.--Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2023'' and inserting ``2030''. ( 3839aa-2(i)) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. ( e) Limitation on Payments.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``Not including payments'' and all that follows through ``2023'' and inserting ``A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, cost-share or incentive payments under this subchapter that, in aggregate, exceed $450,000 for all contracts entered into under this subchapter by the person or legal entity during any 5-fiscal-year period''. (f) Conservation Innovation Grants.-- (1) Air quality concerns from agricultural operations.-- Section 1240H(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)) is amended-- (A) in paragraph (1)-- (i) by striking ``practices to address'' in the first sentence and all that follows through ``The funds'' in the second sentence and inserting the following: ``practices-- ``(i) to address air quality concerns from agricultural operations; and ``(ii) to meet Federal, State, and local-- ``(I) regulatory requirements; and ``(II) goals with respect to greenhouse gas emissions reductions. b) Conservation Stewardship Program.--Section 1240J(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-22(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``2023'' and inserting ``2030''; and (2) by striking paragraphs (1) and (2) and inserting the following: ``(1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and ``(2) by undertaking additional conservation activities.''. (c) Stewardship Contracts.-- (1) Submission of contract offers.--Section 1240K(a)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(a)(2)(B)) is amended by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and, where practicable, improving''. ( and (B) by striking paragraph (3). ( d) Duties of the Secretary.-- (1) Climate change adaptation and mitigation.--Section 1240L(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(a)(2)) is amended by inserting ``(which may include climate change adaptation and mitigation)'' after ``priority resource concerns''. ( ''; and (ii) in subparagraph (E), by inserting ``, actively managed, and, where applicable, improved'' after ``maintained''; and (C) by adding at the end the following: ``(6) Payments for conservation activities related to organic production systems.-- ``(A) In general.--The Secretary shall provide payments under this subsection for conservation activities relating to-- ``(i) organic production; and ``(ii) transitioning to organic production. C) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) a perennial production system. ''; ); or ``(ii) allows a producer to transition to organic production systems and pursue certification under that Act. ''; 7) Soil health.--Section 1240L(k) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(k)) is amended by striking the period at the end and inserting the following: ``, including by-- ``(1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and ``(2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities.''. ( ``(b) Grants.--Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. ``(c) Participants.--The Secretary shall provide grants under this section-- ``(1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or ``(2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. ``(B) Reporting.--A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. ``(c) Considerations.--In determining whether to accept a contribution under this section, the Secretary shall consider whether the contribution would target support to 1 or more of the following: ``(1) Resource-conserving crop rotations, advanced grazing management, or perennial production systems. ``(3) Organic production systems. is amended by adding at the end the following: ``SEC. ``(b) Application.-- ``(1) In general.--A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. ``(c) Tribal Option.--At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. ``(B) Grants to tribes.--The amount of a grant to a Tribal government under this section shall not exceed-- ``(i) 90 percent of the cost of developing or modifying a soil health plan; or ``(ii) 75 percent of the cost of implementing the soil health plan. ``(h) Effect of Noncompliance.--If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. ``(j) Administration.-- ``(1) Department.--The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. and inserting ``2022; and''; and (iii) by adding at the end the following: ``(G) $700,000,000 for each of fiscal years 2023 through 2030. ''; 2) Availability of funds.--Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ``2023'' and inserting ``2030''. ( 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). ``(C) Underserved producers.--In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2).''. ( 3844(a)(1)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) to establish a new generation of producers who use the full array of climate-friendly conservation activities that reduce greenhouse gas emissions, increase soil carbon, and improve resilience to weather extremes; and ``(C) to enhance other long-term environmental goals.''. ( 2) Review and guidance for practice costs and payment rates.--Section 1244(j)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3844(j)(1)(B)) is amended-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2021.''. ( ``(3) Terms.-- ``(A) Term length.--The term of a member of the advisory committee shall be 2 years. ``(B) Reappointment.--The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. ``(g) Measurement System.-- ``(1) Purpose.--The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems-- ``(A) can be implemented quickly; ``(B) can improve in accuracy and ease over time; ``(C) use the best available science and technology; and ``(D) are cost-effective. ``(3) Review.--The Secretary, based on recommendations from the advisory committee established under subsection (f), shall-- ``(A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; ``(B) conduct a periodic review of that system; ``(C) periodically make any necessary updates to that system; and ``(D) establish research and development goals and plans, as necessary. ``(i) Criteria.-- ``(1) In general.--The Secretary, in consultation with the advisory committee established under subsection (f), shall establish criteria for payments, credits, or other forms of incentives to inform policy and markets established to promote soil carbon sequestration or greenhouse gas emissions reductions. a) Study.--The Secretary of the Treasury (referred to in this section as ``the Secretary''), in coordination with the Secretary of Agriculture, shall conduct a study of the feasibility of developing a credit against Federal taxes to incentivize carbon capture on farms and ranches. CONSERVATION COMPLIANCE. ( a) Definitions.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. and (3) in paragraph (11)(A)(ii), by striking ``excessive average annual rate of erosion in relation to'' and inserting ``average annual rate of erosion exceeding twice''. ( ''; and (D) in subsection (c) (as so redesignated), by striking the heading and inserting ``Authority of Secretary.--''. ( 2) Exemptions.--Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended-- (A) in subsection (a)(3), in the first and second sentences, by striking ``only be required to apply a conservation plan established under this subtitle. TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY SEC. Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. ``(2) Eligible entities.--An entity is eligible to receive a grant under this subsection if the entity is-- ``(A) an agricultural cooperative or other agricultural business entity or a producer network or association; ``(B) a local, State, or Tribal government; ``(C) a nonprofit corporation; ``(D) a public benefit corporation; ``(E) an economic development corporation; ``(F) an institution of higher education; or ``(G) such other entity as the Secretary may designate. ``(4) Geographic diversity.--To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. ``(6) Applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications. ``(B) Competitive process.--The Secretary-- ``(i) shall conduct a competitive process to select applications submitted under subparagraph (A); ``(ii) may assess and rank applications with similar proposals as a group; and ``(iii) shall, prior to accepting applications under that subparagraph, make public the criteria to be used in evaluating the applications. ''; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ''; a) Federal Share.--Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(b)(2)) is amended by striking ``$750'' and inserting ``$1,000''. ( ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(2) Recapture event defined.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified farm property-- ``(A) Cessation of operation.--The cessation of the operation of such property as a farm for farming purposes at any time during the recapture period. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified farmer.--The term `qualified farmer' means-- ``(A) a beginning farmer, socially disadvantaged farmer, qualified veteran farmer, young farmer, or ``(B) any entity if 50 percent or more of the capital and profits of such entity are owned by one or more individuals described in paragraph (A). ``(E) Native Hawaiians or other Pacific Islanders. ``(4) Qualified veteran farmer.--The term `qualified veteran farmer' means an individual who-- ``(A) first obtained status as a veteran (as defined in section 101(2) of title 38 United States Code) during the 10-year period ending on the date of the sale or exchange described in subsection (a), and ``(B) has not operated a farm during such 10-year period. ``(B) Application to entities.-- ``(i) In general.--In the case of a partnership, S corporation, or other entity, the material participating requirements under subsection (d)(2)(B) and paragraph (6)(B) shall be treated as having been met by such partnership, S, corporation, or other entity if there is material participation by individuals owning 50 percent or more of the capital or profits interest of such partnership, S corporation, or other entity. ``(ii) Members of the family.--For purposes of paragraph (6)(B), a member of the family of an individual owning a capital or profits interest of a partnership, S corporation, or other entity shall not be taken into account for purposes of determining whether the partnership, S corporation, or other entity meets the material participating requirements under clause (i) unless such member of the family is also owns a capital or profits interest in such partnership, S corporation, or other entity. b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new items: ``121A. Exclusion of gain from sale of qualified farm property. Exclusion of gain from sale of agricultural conservation easement.''. ( a) Findings, Purpose, and Definitions.--Section 1540 of the Agriculture and Food Act of 1981 (7 U.S.C. (b) Farmland Protection Policy.--Section 1541 of the Agriculture and Food Act of 1981 (7 U.S.C. 4202) is amended to read as follows: ``SEC. ``(2) State significance.--Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. ``(2) Minimization of conversion.--In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. and (2) by striking subsection (d) and inserting the following: ``(d) Technical Assistance.--The Secretary may provide technical assistance, if requested, to assist in-- ``(1) compliance with the terms and conditions of an easement; and ``(2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable-- ``(A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and ``(B) a comprehensive conservation plan developed pursuant to subsection (e)(1). ``(B) Determination of compliance.--In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. ``(2) Meat food product.--The term `meat food product' has the meaning given the term in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601). ``(4) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Food Safety and Inspection Service. and the Poultry Products Inspection Act (21 U.S.C. 451 et seq. ); ``(3) Consistency with other laws.--The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(f) Violations.-- ``(1) Misuse of label.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. ``(g) Effect on Other Laws.--Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) ``There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle.''. ``(2) Minority-owned business.--The term `minority-owned business' means a for-profit business not less than 51 percent of which is owned by 1 or more Black American, Native American, Hispanic American, or Asian American individuals. ``(c) Applications.-- ``(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 require. ``(3) Accessibility of applications.--The Secretary shall ensure that applications for a grant under this section are-- ``(A) accessible online; and ``(B) available through local staff of the Department of Agriculture. ``(e) Outreach.--Beginning on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. ``(g) Administration.--The promulgation of regulations under, and administration of, this section shall be made without regard to-- ``(1) the notice and comment provisions of section 553 of title 5, United States Code; and ``(2) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). b) Definitions.--Section 1240M(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839bb(b)(2)) is amended by striking ``hay land'' and inserting ``perennial hay land, including silvopasture''. ( and (2) by striking paragraph (2) and inserting the following: ``(2) Program elements.-- ``(A) Technical assistance and education.-- Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. ``(B) Partnerships.--In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with-- ``(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(ii) nongovernmental organizations; and ``(iii) Tribal organizations. ``(C) Grants.-- ``(i) In general.--In carrying out the program under this section, the Secretary shall provide funds on a competitive basis to partnerships described in subparagraph (B) to use for State or local action grants to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. (e) Authorization of Appropriations.--Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. a) Conservation Reserve.--Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) fiscal years 2024 through 2030, not more than 32,000,000 acres. ''; ``(2) Eligible land.--Eligible land for enrollment through a Grassland 30 contract-- ``(A) is land that is eligible to be enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2); and ``(B) shall not be limited to land that is subject to an expired covered contract. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ``(B) Violation.--On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. ``(B) Form of payment.--Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). ``(9) Administration.-- ``(A) Conservation reserve plan.--The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. ``(a) Definitions.--In this section: ``(1) Eligible producer.--The term `eligible producer' means a dairy or livestock producer whose baseline manure management practices prior to enrollment in the program include the anaerobic decomposition of volatile solids stored in a lagoon or other predominantly liquid anaerobic environment. ``(4) Pasture-based management.--The term `pasture-based management' means a dairy or livestock production system in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically. ``(5) Program.--The term `program' means the alternative manure management program established under subsection (b). ``(3) Conversion to a solid separation technology system in which manure solids are separated prior to entry into a wet, anaerobic environment at a dairy or livestock operation, or installation of a new solid separation technology system with significantly higher separation efficiency than the existing solid separation system, in conjunction with 1 or more of the following practices: ``(A) Onsite open solar drying or composting of manure. ``(F) Composting in piles with forced aeration but no mixing. ``(4) Advanced payments.--The Secretary shall provide not less than 50 percent of the amount of total payments to an eligible producer in advance for all costs relating to purchasing materials and equipment or contracting. ``(2) Involuntary termination.--The Secretary may terminate a contract under the program if the Secretary determines that the eligible producer violated the contract. ``(h) Cluster Applications.--The Secretary shall establish procedures under which-- ``(1) groups of eligible producers may submit a joint application in order to facilitate centralized composting facilities; and ``(2) the Secretary shall apportion payments to each eligible producer associated with such a joint application. ``(2) Funding.--To the maximum extent practicable, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000,000 for the period of fiscal years 2022 through 2030.''. TITLE VI--ON-FARM RENEWABLE ENERGY SEC. iv) in subparagraph (E) (as so redesignated), by striking ``subsection (f)'' and inserting ``subsection (h)''; and (v) by adding at the end the following: ``(F) Underserved producers.--The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 2279(a))) shall not exceed 75 percent of the cost of the activity funded by the grant. ''; ( D) in paragraph (4), by adding at the end the following: ``(F) Pre-approved technologies.--In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5). ''; and (E) by adding at the end the following: ``(5) Pre-approved list.--The Secretary shall, beginning in fiscal year 2022-- ``(A) develop a list of pre-approved technologies and products for purposes of paragraph (4)(F); and ``(B) update that list every 2 fiscal years. ``(e) Regional Demonstration Projects.-- ``(1) In general.--The Secretary shall carry out regional demonstration projects that incentivize agricultural producers to reduce their carbon footprint or overall carbon equivalent emissions to the maximum extent practicable through the use of energy efficiency improvements and renewable energy systems. B) in paragraph (2)(B), by striking ``become available'' and inserting ``be used''; and (C) by adding at the end the following: ``(4) Administrative expenses.--Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. ``(5) Reservation of funds.--Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve-- ``(A) not more than 10 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and ``(B) not more than 5 percent to carry out subsection (e).''. c) 5-Year Plan.--Based on the study under subsection (b), the Secretary shall develop a 5-year plan for using the research and extension activities of the Department of Agriculture to better support dual-use renewable energy systems that do not displace agricultural production. ( d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under subsection (b). b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). ( 2) Deadline.--The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. ( 2) Discard date.--The term ``discard date'' means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed. ( a) Quality Dates.-- (1) In general.--If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). ( (3) Option of the labeler.--The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. ( c) Quality Date and Discard Date Labeling.-- (1) In general.--The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase-- (A) shall be-- (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. ( (e) Rules of Construction; Preemption.-- (1) Infant formula.--This title and the amendments made by this title shall not-- (A) apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); and (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) or other applicable provisions of law. ( 3) Time temperature indicator labels.--Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). ( (a) FDA Violations.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. ( b) Poultry Products.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. ( b) Conservation Stewardship Program.--Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting practices'' after ``agriculture drainage management systems''. ( c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting practices'' before the semicolon at the end. ( ``(2) Exception.--Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2021 that prohibits a donation described in paragraph (1)(A). ''; and (2) by adding at the end the following: ``(c) Application to Congress.-- ``(1) Contracts.--This Act shall apply to the House of Representatives and the Senate, and to contracts entered into by the House of Representatives and the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency pursuant to this Act. ``(2) Administration.--For purposes of carrying out paragraph (1)-- ``(A) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and ``(B) the Secretary of the Senate shall be considered to be the head of the Senate. 2314) is amended by adding at the end the following: ``SEC. ``(b) Grants.--The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. ``(2) Limitation.--A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. ``(3) Preference.--The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. ``(2) Establishment.--The Secretary shall carry out a program to make grants, on a competitive basis, to eligible local educational agencies to carry out food waste measurement, prevention, and reduction projects. ``(iii) Providing training to support a food waste measurement, prevention, and reduction project. ``(D) Cost-sharing.-- ``(i) In general.--The amount of a grant provided under this subsection shall not exceed 75 percent of the total cost of the project for which the grant is provided. ``(B) Periodic evaluation.--Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021, and every 2 years thereafter, the Secretary shall evaluate the grants made under this subsection, including-- ``(i) the amount of Federal funds used to award those grants; and ``(ii) an evaluation of the outcomes of the projects carried out using those grants.

To address the impact of climate change on agriculture, and for other purposes. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ( ( ``(3) Grants.--The Secretary shall ensure that-- ``(A) the term of any competitive grant made under subsection (b) for the purpose described in paragraph (1) is not less than 5 years; ``(B) that term and any associated renewal process facilitates the development and commercialization of public breeds and cultivars through long-term grants; and ``(C) when necessary, Tribal consultation occurs to ensure public breed and cultivar development does not infringe on the abilities of Tribes to maintain culturally sensitive breeds and cultivars.''. ( b) Risk-Reduction-Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). ( c) Stewardship Contracts.-- (1) Submission of contract offers.--Section 1240K(a)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(a)(2)(B)) is amended by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and, where practicable, improving''. ( ( ''; 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). 3844(j)(1)(B)) is amended-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2021.''. ( C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ''; ``(f) Definitions.--For purposes of this section-- ``(1) Qualified farmer.--The term `qualified farmer' means-- ``(A) a beginning farmer, socially disadvantaged farmer, qualified veteran farmer, young farmer, or ``(B) any entity if 50 percent or more of the capital and profits of such entity are owned by one or more individuals described in paragraph (A). ( ``(3) Consistency with other laws.--The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ( b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). ( b) Poultry Products.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. (

To address the impact of climate change on agriculture, and for other purposes. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ''; ( ( ( 3839aa-24(f)) is amended-- (A) by inserting ``(including a joint venture and a general partnership)'' after ``A person or legal entity''; and (B) by striking ``fiscal years 2019 through 2023'' and inserting ``any consecutive 5-fiscal-year period''. ( C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ''; ( ( ``(c) Third-Party Certification.--A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if-- ``(1) the claim is consistent with standards established by the Secretary under subsection (b); and ``(2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(5) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or ``(C) support an eligible entity that is a minority-owned business. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. and (2) in paragraph (2)(A)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii)(III), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2030, of which 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c).''. ( 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. ( 1769b-1(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) food waste measurement, prevention, and reduction. ''.

To address the impact of climate change on agriculture, and for other purposes. b) Risk-Reduction-Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). ( ( ( ''; 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ( b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (

To address the impact of climate change on agriculture, and for other purposes. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ''; ( ( ( 3839aa-24(f)) is amended-- (A) by inserting ``(including a joint venture and a general partnership)'' after ``A person or legal entity''; and (B) by striking ``fiscal years 2019 through 2023'' and inserting ``any consecutive 5-fiscal-year period''. ( C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ''; ( ( ``(c) Third-Party Certification.--A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if-- ``(1) the claim is consistent with standards established by the Secretary under subsection (b); and ``(2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(5) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or ``(C) support an eligible entity that is a minority-owned business. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. and (2) in paragraph (2)(A)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii)(III), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2030, of which 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c).''. ( 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021.''. ( 1769b-1(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) food waste measurement, prevention, and reduction. ''.

To address the impact of climate change on agriculture, and for other purposes. b) Risk-Reduction-Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). ( ( ( ''; 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ( b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (

To address the impact of climate change on agriculture, and for other purposes. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ''; ( ( ( ''; ( ( ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(5) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or ``(C) support an eligible entity that is a minority-owned business. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030.

To address the impact of climate change on agriculture, and for other purposes. b) Risk-Reduction-Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). ( ( ( ''; 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ( b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (

To address the impact of climate change on agriculture, and for other purposes. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ''; ( ( ( ''; ( ( ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(5) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or ``(C) support an eligible entity that is a minority-owned business.

11,259

5,978

H.R.7349

Labor and Employment

Validate Prior Learning to Accelerate Employment Act This bill incorporates assessments that measure an individual's prior knowledge, skills, competencies, and experiences into specified state and local employment training activities under the Workforce Innovation and Opportunity Act.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Validate Prior Learning to Accelerate Employment Act''. SEC. 2. ASSESSMENTS TO MEASURE THE PRIOR KNOWLEDGE, SKILLS, COMPETENCIES, AND EXPERIENCES OF AN INDIVIDUAL. (a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(2)(B)) is amended-- (1) in clause (v)(VI), by striking the ``and'' after the semicolon; (2) in clause (vi), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(vii) coordinating with industry organizations, employers (including small and mid-sized employers), training providers, local boards, and institutions of higher education to identify or develop assessments that-- ``(I) are a valid and reliable method of collecting information; and ``(II) measure the prior knowledge, skills, competencies, and experiences of an individual for the purpose of-- ``(aa) awarding postsecondary credit toward a recognized postsecondary credential aligned with in- demand industry sectors and occupations in the State; ``(bb) awarding a recognized postsecondary credential that is used by employers in the State for recruitment, hiring, retention, or advancement purposes; ``(cc) developing individual employment plans that incorporate the prior knowledge, skills, competencies, and experiences of an individual to identify skills related to an in-demand industry sector or occupation and any upskilling needed to secure employment in such sector or occupation; and ``(dd) helping individuals communicate their prior knowledge, skills, competencies, and experiences to prospective employers through skills-based profiles or portfolios; and ``(viii) disseminating to local areas information relating to the assessments identified or developed pursuant to clause (vii), including-- ``(I) any recognized postsecondary credential awarded through such an assessment; ``(II) the industry organizations, employers, training providers, and institutions of higher education located within the State that recognize the prior knowledge, skills, competencies, and experiences of an individual validated by such assessments; and ``(III) how such assessments may be provided to, and accessed by, individuals through the one-stop delivery system.''. (b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(3)(A)) is amended-- (1) in clause (xiii), by striking the ``and'' after the semicolon; (2) in clause (xiv), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xv) identifying and providing to employers information relating to best practices on the use of assessments, including such assessments developed or identified by the State pursuant to paragraph (2)(B)(vii); ``(xvi) providing technical assistance to employers seeking to use such assessments for hiring, promotion, or upskilling of employees; and ``(xvii) supporting employers in the State seeking to implement a practice of hiring individuals based on their prior knowledge, skills, competencies, and experiences as an alternative to relying on postsecondary degree requirements in the hiring process.''. (c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(iii) is amended to read as follows: ``(iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs, and a determination (considering factors including prior work experience, military service, life experience, or education history, and in-demand industry sectors and occupations in the local area) of whether such an individual would benefit from an assessment identified by the State pursuant to subsection (a)(2)(B)(vii) to measure the individual's prior knowledge, skills, competencies, and experiences to accelerate the individual in obtaining employment that leads to economic self-sufficiency or career advancement;''. (d) Permissible Local Employment and Training Activities.--Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is amended-- (1) in clause (xi), by striking the ``and'' after the semicolon; (2) in clause (xii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xiii) assessments for individuals upon initial assessment of skills (pursuant to subsection (c)(2)(A)(iii)) or completion of training services or other learning experiences; and ``(xiv) providing technical assistance or other support to employers seeking to use such assessments for hiring, promotion, or upskilling of employees.''. <all>

Validate Prior Learning to Accelerate Employment Act

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes.

Validate Prior Learning to Accelerate Employment Act

Rep. Stefanik, Elise M.

R

NY

This bill incorporates assessments that measure an individual's prior knowledge, skills, competencies, and experiences into specified state and local employment training activities under the Workforce Innovation and Opportunity 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 ``Validate Prior Learning to Accelerate Employment Act''. SEC. 2. ASSESSMENTS TO MEASURE THE PRIOR KNOWLEDGE, SKILLS, COMPETENCIES, AND EXPERIENCES OF AN INDIVIDUAL. 3174(a)(3)(A)) is amended-- (1) in clause (xiii), by striking the ``and'' after the semicolon; (2) in clause (xiv), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xv) identifying and providing to employers information relating to best practices on the use of assessments, including such assessments developed or identified by the State pursuant to paragraph (2)(B)(vii); ``(xvi) providing technical assistance to employers seeking to use such assessments for hiring, promotion, or upskilling of employees; and ``(xvii) supporting employers in the State seeking to implement a practice of hiring individuals based on their prior knowledge, skills, competencies, and experiences as an alternative to relying on postsecondary degree requirements in the hiring process.''. 3174(c)(2)(A)(iii) is amended to read as follows: ``(iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs, and a determination (considering factors including prior work experience, military service, life experience, or education history, and in-demand industry sectors and occupations in the local area) of whether such an individual would benefit from an assessment identified by the State pursuant to subsection (a)(2)(B)(vii) to measure the individual's prior knowledge, skills, competencies, and experiences to accelerate the individual in obtaining employment that leads to economic self-sufficiency or career advancement;''. (d) Permissible Local Employment and Training Activities.--Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Validate Prior Learning to Accelerate Employment Act''. SEC. 2. ASSESSMENTS TO MEASURE THE PRIOR KNOWLEDGE, SKILLS, COMPETENCIES, AND EXPERIENCES OF AN INDIVIDUAL. 3174(a)(2)(B)) is amended-- (1) in clause (v)(VI), by striking the ``and'' after the semicolon; (2) in clause (vi), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(vii) coordinating with industry organizations, employers (including small and mid-sized employers), training providers, local boards, and institutions of higher education to identify or develop assessments that-- ``(I) are a valid and reliable method of collecting information; and ``(II) measure the prior knowledge, skills, competencies, and experiences of an individual for the purpose of-- ``(aa) awarding postsecondary credit toward a recognized postsecondary credential aligned with in- demand industry sectors and occupations in the State; ``(bb) awarding a recognized postsecondary credential that is used by employers in the State for recruitment, hiring, retention, or advancement purposes; ``(cc) developing individual employment plans that incorporate the prior knowledge, skills, competencies, and experiences of an individual to identify skills related to an in-demand industry sector or occupation and any upskilling needed to secure employment in such sector or occupation; and ``(dd) helping individuals communicate their prior knowledge, skills, competencies, and experiences to prospective employers through skills-based profiles or portfolios; and ``(viii) disseminating to local areas information relating to the assessments identified or developed pursuant to clause (vii), including-- ``(I) any recognized postsecondary credential awarded through such an assessment; ``(II) the industry organizations, employers, training providers, and institutions of higher education located within the State that recognize the prior knowledge, skills, competencies, and experiences of an individual validated by such assessments; and ``(III) how such assessments may be provided to, and accessed by, individuals through the one-stop delivery system.''. (b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(3)(A)) is amended-- (1) in clause (xiii), by striking the ``and'' after the semicolon; (2) in clause (xiv), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xv) identifying and providing to employers information relating to best practices on the use of assessments, including such assessments developed or identified by the State pursuant to paragraph (2)(B)(vii); ``(xvi) providing technical assistance to employers seeking to use such assessments for hiring, promotion, or upskilling of employees; and ``(xvii) supporting employers in the State seeking to implement a practice of hiring individuals based on their prior knowledge, skills, competencies, and experiences as an alternative to relying on postsecondary degree requirements in the hiring process.''. 3174(c)(2)(A)(iii) is amended to read as follows: ``(iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs, and a determination (considering factors including prior work experience, military service, life experience, or education history, and in-demand industry sectors and occupations in the local area) of whether such an individual would benefit from an assessment identified by the State pursuant to subsection (a)(2)(B)(vii) to measure the individual's prior knowledge, skills, competencies, and experiences to accelerate the individual in obtaining employment that leads to economic self-sufficiency or career advancement;''. (d) Permissible Local Employment and Training Activities.--Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is amended-- (1) in clause (xi), by striking the ``and'' after the semicolon; (2) in clause (xii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xiii) assessments for individuals upon initial assessment of skills (pursuant to subsection (c)(2)(A)(iii)) or completion of training services or other learning experiences; and ``(xiv) providing technical assistance or other support to employers seeking to use such assessments for hiring, promotion, or upskilling of employees.''.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Validate Prior Learning to Accelerate Employment Act''. SEC. 2. ASSESSMENTS TO MEASURE THE PRIOR KNOWLEDGE, SKILLS, COMPETENCIES, AND EXPERIENCES OF AN INDIVIDUAL. (a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(2)(B)) is amended-- (1) in clause (v)(VI), by striking the ``and'' after the semicolon; (2) in clause (vi), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(vii) coordinating with industry organizations, employers (including small and mid-sized employers), training providers, local boards, and institutions of higher education to identify or develop assessments that-- ``(I) are a valid and reliable method of collecting information; and ``(II) measure the prior knowledge, skills, competencies, and experiences of an individual for the purpose of-- ``(aa) awarding postsecondary credit toward a recognized postsecondary credential aligned with in- demand industry sectors and occupations in the State; ``(bb) awarding a recognized postsecondary credential that is used by employers in the State for recruitment, hiring, retention, or advancement purposes; ``(cc) developing individual employment plans that incorporate the prior knowledge, skills, competencies, and experiences of an individual to identify skills related to an in-demand industry sector or occupation and any upskilling needed to secure employment in such sector or occupation; and ``(dd) helping individuals communicate their prior knowledge, skills, competencies, and experiences to prospective employers through skills-based profiles or portfolios; and ``(viii) disseminating to local areas information relating to the assessments identified or developed pursuant to clause (vii), including-- ``(I) any recognized postsecondary credential awarded through such an assessment; ``(II) the industry organizations, employers, training providers, and institutions of higher education located within the State that recognize the prior knowledge, skills, competencies, and experiences of an individual validated by such assessments; and ``(III) how such assessments may be provided to, and accessed by, individuals through the one-stop delivery system.''. (b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(3)(A)) is amended-- (1) in clause (xiii), by striking the ``and'' after the semicolon; (2) in clause (xiv), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xv) identifying and providing to employers information relating to best practices on the use of assessments, including such assessments developed or identified by the State pursuant to paragraph (2)(B)(vii); ``(xvi) providing technical assistance to employers seeking to use such assessments for hiring, promotion, or upskilling of employees; and ``(xvii) supporting employers in the State seeking to implement a practice of hiring individuals based on their prior knowledge, skills, competencies, and experiences as an alternative to relying on postsecondary degree requirements in the hiring process.''. (c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(iii) is amended to read as follows: ``(iii) initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs, and a determination (considering factors including prior work experience, military service, life experience, or education history, and in-demand industry sectors and occupations in the local area) of whether such an individual would benefit from an assessment identified by the State pursuant to subsection (a)(2)(B)(vii) to measure the individual's prior knowledge, skills, competencies, and experiences to accelerate the individual in obtaining employment that leads to economic self-sufficiency or career advancement;''. (d) Permissible Local Employment and Training Activities.--Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is amended-- (1) in clause (xi), by striking the ``and'' after the semicolon; (2) in clause (xii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(xiii) assessments for individuals upon initial assessment of skills (pursuant to subsection (c)(2)(A)(iii)) or completion of training services or other learning experiences; and ``(xiv) providing technical assistance or other support to employers seeking to use such assessments for hiring, promotion, or upskilling of employees.''. <all>

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. b) Allowable Statewide Employment and Training Activities.-- Section 134(a)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C.

To amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes. a) Statewide Employment and Training Activities.--Section 134(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. c) Authorized Local Employment and Training Activities.--Section 134(c)(2)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C.

11,260

3,408

S.517

Crime and Law Enforcement

Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021 or the REPORT Act This bill requires the primary government agency investigating an act of terrorism to submit to Congress an unclassified report within one year after the agency completes its investigation. The agency shall conduct such investigation in collaboration with the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the National Counterterrorism Center. Such requirement shall not apply in instances in which DHS, DOJ, the FBI, or the center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution, in which case the principal agency making such determination must notify Congress. Such a report shall (1) identify any gaps in national security that could be addressed to prevent future acts of terrorism, and (2) include any recommendations for additional measures that could be taken to improve homeland security.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021'' or the ``REPORT Act''. SEC. 2. DUTY TO REPORT. (a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. Reports required under this subsection may be combined into a quarterly report to Congress. (b) Content of Reports.--Each report under this section shall include-- (1) a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) an explanation of any gaps in national security that could be addressed to prevent future acts of terrorism; (3) any recommendations for additional measures that could be taken to improve homeland security, including potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism; and (4) a summary of the report for public distribution. (c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. (2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. Calendar No. 106 117th CONGRESS 1st Session S. 517 [Report No. 117-31] _______________________________________________________________________

Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021

A bill to provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes.

REPORT Act Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021 REPORT Act Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021

Sen. Hassan, Margaret Wood

D

NH

This bill requires the primary government agency investigating an act of terrorism to submit to Congress an unclassified report within one year after the agency completes its investigation. The agency shall conduct such investigation in collaboration with the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the National Counterterrorism Center. Such requirement shall not apply in instances in which DHS, DOJ, the FBI, or the center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution, in which case the principal agency making such determination must notify Congress. Such a report shall (1) identify any gaps in national security that could be addressed to prevent future acts of terrorism, and (2) include any recommendations for additional measures that could be taken to improve homeland security.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021'' or the ``REPORT Act''. SEC. 2. DUTY TO REPORT. (a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. Reports required under this subsection may be combined into a quarterly report to Congress. (b) Content of Reports.--Each report under this section shall include-- (1) a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) an explanation of any gaps in national security that could be addressed to prevent future acts of terrorism; (3) any recommendations for additional measures that could be taken to improve homeland security, including potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism; and (4) a summary of the report for public distribution. (c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. (2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. Calendar No. 106 117th CONGRESS 1st Session S. 517 [Report No. 117-31] _______________________________________________________________________

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021'' or the ``REPORT Act''. SEC. 2. DUTY TO REPORT. (b) Content of Reports.--Each report under this section shall include-- (1) a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) an explanation of any gaps in national security that could be addressed to prevent future acts of terrorism; (3) any recommendations for additional measures that could be taken to improve homeland security, including potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism; and (4) a summary of the report for public distribution. (c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. (2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. Calendar No. 106 117th CONGRESS 1st Session S. 517 [Report No. 117-31] _______________________________________________________________________

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2021'' or the ``REPORT Act''. SEC. 2. DUTY TO REPORT. (a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. Reports required under this subsection may be combined into a quarterly report to Congress. (b) Content of Reports.--Each report under this section shall include-- (1) a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) an explanation of any gaps in national security that could be addressed to prevent future acts of terrorism; (3) any recommendations for additional measures that could be taken to improve homeland security, including potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism; and (4) a summary of the report for public distribution. (c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. (2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. Calendar No. 106 117th CONGRESS 1st Session S. 517 [Report No. 117-31] _______________________________________________________________________

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. ( 2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). ( (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. 106 117th CONGRESS 1st Session S. 517 [Report No.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). ( e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. ( 2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). ( (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. 106 117th CONGRESS 1st Session S. 517 [Report No.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). ( e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. ( 2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). ( (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. 106 117th CONGRESS 1st Session S. 517 [Report No.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). ( e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. ( 2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). ( (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. 106 117th CONGRESS 1st Session S. 517 [Report No.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. (d) Defined Term.--In this section, the term ``act of terrorism'' means an act of domestic terrorism or international terrorism (as such terms are defined in section 2331 of title 18, United States Code). ( e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act.

To provide for joint reports by relevant Federal agencies to Congress regarding incidents of terrorism, and for other purposes. a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. c) Exception.-- (1) In general.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. ( 2) Notification requirement.--In each instance described in paragraph (1), the principal making a determination under such paragraph shall notify Congress of such determination not later than 1 year after the completion of the related investigation described in subsection (a). ( (e) Sunset.--This section shall cease to be effective beginning on the date that is 5 years after the date of the enactment of this Act. 106 117th CONGRESS 1st Session S. 517 [Report No.

11,261

12,194

H.R.1257

Armed Forces and National Security

Homeless Veterans Credit Repair, Enhancement, and Debt Improvement for Tomorrow Act or the Homeless Veterans CREDIT Act This bill requires the Department of Veterans Affairs to conduct a comprehensive study on access to, and use and effects of, financial and credit counseling for homeless veterans and veterans experiencing housing instability.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Credit Repair, Enhancement, and Debt Improvement for Tomorrow Act'' or the ``Homeless Veterans CREDIT Act''. SEC. 2. STUDY ON FINANCIAL AND CREDIT COUNSELING. (a) Study Required.--The Secretary of Veterans Affairs shall conduct a comprehensive study on-- (1) the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability; (2) barriers to accessing financial and credit counseling for such veterans; and (3) the ability to evaluate and assess the potential effects of financial and credit counseling for such veterans with respect to housing, employment, income, and other outcomes the Secretary determines appropriate. (b) Methodology.--In conducting the study under subsection (a), the Secretary shall-- (1) survey-- (A) homeless veterans and veterans experiencing housing instability who are enrolled in the Supportive Services for Veterans Families program; (B) such veterans who do not seek or receive the care or services under such program or a similar program; (C) grantees of the Supportive Services for Veterans Families program; (D) financial and credit counselors; and (E) persons who are subject matter experts regarding the use of financial and credit counseling services that the Secretary determines appropriate; and (2) administer the survey to a representative sample of homeless veterans and veterans experiencing housing instability in areas with high veteran homelessness. (c) Use and Variation of Services.--In conducting the study under subsection (a)(1), the Secretary shall-- (1) use data from the Supportive Services for Veterans Families program and other data collected by the Department of Veterans Affairs, data collected by other departments or agencies of the Federal Government, and data collected by nongovernmental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability and such use and variation for other individuals; and (2) assess such services made available through the Supportive Services for Veterans Families program, including with respect to the types, modes of delivery, duration, consistency, and quality, of such services. (d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. (2) The perceived stigma associated with seeking financial and credit counseling assistance. (3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. (4) The availability of child care. (5) The comprehension of eligibility requirements for, and the scope of services available under, the Supportive Services for Veterans Families program. (6) The effectiveness of outreach for the services available to such veterans under the Supportive Services for Veterans Families program. (7) The location and operating hours of facilities that provide services to such veterans under the Supportive Services for Veterans Families program. (8) The COVID-19 pandemic and other health related issues. (9) Such other significant barriers as the Secretary considers appropriate. (e) Evaluation and Assessment of Effects of Counseling.-- (1) Effects.--In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services. (B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not receive such services. (C) The effects of such services on income by comparing the veterans who received such services and the veterans who did not receive such services. (D) The effects of such services on credit score by comparing the veterans who received such services and the veterans who did not receive such services. (E) The effects of such services on other outcomes the Secretary determines appropriate. (2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. (g) Mandatory Review of Data by Certain Elements of Department.-- (1) In general.--The Secretary shall ensure that the head of each element of the Department of Veterans Affairs specified in paragraph (2) reviews the results of the study conducted under subsection (a). The head of each such element shall submit to the Deputy Under Secretary for Health for Operations and Management the findings of the head with respect to the study, including recommendations regarding what data the Secretary should collect from grantees under the Supportive Services for Veterans Families program. (2) Specified elements.--The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code. (B) The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code. (C) The Advisory Committee on Minority Veterans established under section 544 of title 38, United States Code. (D) The Homeless Programs Office of the Veterans Health Administration. (E) The Office of Tribal Government Relations of the Department. (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). (2) Final report.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study under subsection (a). The report shall include-- (A) the findings of the head of each element of the Department specified under subsection (g)(2); and (B) recommendations for such administrative and legislative action as the Secretary considers appropriate. (i) Definition.--In this section: (1) The term ``homeless veterans and veterans experiencing housing instability'' means veterans who are homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). (2) The term ``Supportive Services for Veterans Families program'' means the program established pursuant to section 2044 of title 38, United States Code. SEC. 3. TECHNICAL CORRECTIONS. (a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). (2) In section 3673(f), as added by section 1023 of such Act, by striking paragraph (3). (b) Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended as follows: (1) In section 3010-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``Subject to the availability of appropriations for such purpose, the Secretary''; and (B) by striking subsection (h). (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Homeless Veterans CREDIT Act

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability.

Homeless Veterans CREDIT Act Homeless Veterans Credit Repair, Enhancement, and Debt Improvement for Tomorrow Act Homeless Veterans CREDIT Act Homeless Veterans Credit Repair, Enhancement, and Debt Improvement for Tomorrow Act Homeless Veterans CREDIT Act Homeless Veterans Credit Repair, Enhancement, and Debt Improvement for Tomorrow Act

Rep. Pallone, Frank, Jr.

D

NJ

This bill requires the Department of Veterans Affairs to conduct a comprehensive study on access to, and use and effects of, financial and credit counseling for homeless veterans and veterans experiencing housing instability.

2. STUDY ON FINANCIAL AND CREDIT COUNSELING. (c) Use and Variation of Services.--In conducting the study under subsection (a)(1), the Secretary shall-- (1) use data from the Supportive Services for Veterans Families program and other data collected by the Department of Veterans Affairs, data collected by other departments or agencies of the Federal Government, and data collected by nongovernmental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability and such use and variation for other individuals; and (2) assess such services made available through the Supportive Services for Veterans Families program, including with respect to the types, modes of delivery, duration, consistency, and quality, of such services. (2) The perceived stigma associated with seeking financial and credit counseling assistance. (4) The availability of child care. (8) The COVID-19 pandemic and other health related issues. (9) Such other significant barriers as the Secretary considers appropriate. (D) The effects of such services on credit score by comparing the veterans who received such services and the veterans who did not receive such services. (E) The effects of such services on other outcomes the Secretary determines appropriate. (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. (B) The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code. (D) The Homeless Programs Office of the Veterans Health Administration. (2) Final report.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study under subsection (a). The report shall include-- (A) the findings of the head of each element of the Department specified under subsection (g)(2); and (B) recommendations for such administrative and legislative action as the Secretary considers appropriate. 11302)). SEC. 3. TECHNICAL CORRECTIONS. (a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

2. STUDY ON FINANCIAL AND CREDIT COUNSELING. (c) Use and Variation of Services.--In conducting the study under subsection (a)(1), the Secretary shall-- (1) use data from the Supportive Services for Veterans Families program and other data collected by the Department of Veterans Affairs, data collected by other departments or agencies of the Federal Government, and data collected by nongovernmental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability and such use and variation for other individuals; and (2) assess such services made available through the Supportive Services for Veterans Families program, including with respect to the types, modes of delivery, duration, consistency, and quality, of such services. (4) The availability of child care. (9) Such other significant barriers as the Secretary considers appropriate. (D) The effects of such services on credit score by comparing the veterans who received such services and the veterans who did not receive such services. (E) The effects of such services on other outcomes the Secretary determines appropriate. (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. (D) The Homeless Programs Office of the Veterans Health Administration. (2) Final report.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study under subsection (a). The report shall include-- (A) the findings of the head of each element of the Department specified under subsection (g)(2); and (B) recommendations for such administrative and legislative action as the Secretary considers appropriate. SEC. 3. (a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. SHORT TITLE. 2. STUDY ON FINANCIAL AND CREDIT COUNSELING. (c) Use and Variation of Services.--In conducting the study under subsection (a)(1), the Secretary shall-- (1) use data from the Supportive Services for Veterans Families program and other data collected by the Department of Veterans Affairs, data collected by other departments or agencies of the Federal Government, and data collected by nongovernmental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability and such use and variation for other individuals; and (2) assess such services made available through the Supportive Services for Veterans Families program, including with respect to the types, modes of delivery, duration, consistency, and quality, of such services. (2) The perceived stigma associated with seeking financial and credit counseling assistance. (3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. (4) The availability of child care. (5) The comprehension of eligibility requirements for, and the scope of services available under, the Supportive Services for Veterans Families program. (8) The COVID-19 pandemic and other health related issues. (9) Such other significant barriers as the Secretary considers appropriate. (D) The effects of such services on credit score by comparing the veterans who received such services and the veterans who did not receive such services. (E) The effects of such services on other outcomes the Secretary determines appropriate. (2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. (g) Mandatory Review of Data by Certain Elements of Department.-- (1) In general.--The Secretary shall ensure that the head of each element of the Department of Veterans Affairs specified in paragraph (2) reviews the results of the study conducted under subsection (a). (B) The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code. (D) The Homeless Programs Office of the Veterans Health Administration. (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). (2) Final report.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study under subsection (a). The report shall include-- (A) the findings of the head of each element of the Department specified under subsection (g)(2); and (B) recommendations for such administrative and legislative action as the Secretary considers appropriate. (i) Definition.--In this section: (1) The term ``homeless veterans and veterans experiencing housing instability'' means veterans who are homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). SEC. 3. TECHNICAL CORRECTIONS. (a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Credit Repair, Enhancement, and Debt Improvement for Tomorrow Act'' or the ``Homeless Veterans CREDIT Act''. 2. STUDY ON FINANCIAL AND CREDIT COUNSELING. (b) Methodology.--In conducting the study under subsection (a), the Secretary shall-- (1) survey-- (A) homeless veterans and veterans experiencing housing instability who are enrolled in the Supportive Services for Veterans Families program; (B) such veterans who do not seek or receive the care or services under such program or a similar program; (C) grantees of the Supportive Services for Veterans Families program; (D) financial and credit counselors; and (E) persons who are subject matter experts regarding the use of financial and credit counseling services that the Secretary determines appropriate; and (2) administer the survey to a representative sample of homeless veterans and veterans experiencing housing instability in areas with high veteran homelessness. (c) Use and Variation of Services.--In conducting the study under subsection (a)(1), the Secretary shall-- (1) use data from the Supportive Services for Veterans Families program and other data collected by the Department of Veterans Affairs, data collected by other departments or agencies of the Federal Government, and data collected by nongovernmental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing housing instability and such use and variation for other individuals; and (2) assess such services made available through the Supportive Services for Veterans Families program, including with respect to the types, modes of delivery, duration, consistency, and quality, of such services. (2) The perceived stigma associated with seeking financial and credit counseling assistance. (3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. (4) The availability of child care. (5) The comprehension of eligibility requirements for, and the scope of services available under, the Supportive Services for Veterans Families program. (6) The effectiveness of outreach for the services available to such veterans under the Supportive Services for Veterans Families program. (7) The location and operating hours of facilities that provide services to such veterans under the Supportive Services for Veterans Families program. (8) The COVID-19 pandemic and other health related issues. (9) Such other significant barriers as the Secretary considers appropriate. (D) The effects of such services on credit score by comparing the veterans who received such services and the veterans who did not receive such services. (E) The effects of such services on other outcomes the Secretary determines appropriate. (2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. (g) Mandatory Review of Data by Certain Elements of Department.-- (1) In general.--The Secretary shall ensure that the head of each element of the Department of Veterans Affairs specified in paragraph (2) reviews the results of the study conducted under subsection (a). (B) The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code. (D) The Homeless Programs Office of the Veterans Health Administration. (E) The Office of Tribal Government Relations of the Department. (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). (2) Final report.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study under subsection (a). The report shall include-- (A) the findings of the head of each element of the Department specified under subsection (g)(2); and (B) recommendations for such administrative and legislative action as the Secretary considers appropriate. (i) Definition.--In this section: (1) The term ``homeless veterans and veterans experiencing housing instability'' means veterans who are homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). SEC. 3. TECHNICAL CORRECTIONS. (a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (e) Evaluation and Assessment of Effects of Counseling.-- (1) Effects.--In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services. ( C) The effects of such services on income by comparing the veterans who received such services and the veterans who did not receive such services. ( (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. ( 2) Specified elements.--The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code. ( (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( Veterans Health Care and Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended as follows: (1) In section 3010-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``Subject to the availability of appropriations for such purpose, the Secretary''; and (B) by striking subsection (h). ( Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not receive such services. ( E) The effects of such services on other outcomes the Secretary determines appropriate. ( 2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. ( (D) The Homeless Programs Office of the Veterans Health Administration. ( E) The Office of Tribal Government Relations of the Department. ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (e) Evaluation and Assessment of Effects of Counseling.-- (1) Effects.--In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services. ( C) The effects of such services on income by comparing the veterans who received such services and the veterans who did not receive such services. ( (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. ( 2) Specified elements.--The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code. ( (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( Veterans Health Care and Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended as follows: (1) In section 3010-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``Subject to the availability of appropriations for such purpose, the Secretary''; and (B) by striking subsection (h). ( Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not receive such services. ( E) The effects of such services on other outcomes the Secretary determines appropriate. ( 2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. ( (D) The Homeless Programs Office of the Veterans Health Administration. ( E) The Office of Tribal Government Relations of the Department. ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (e) Evaluation and Assessment of Effects of Counseling.-- (1) Effects.--In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services. ( C) The effects of such services on income by comparing the veterans who received such services and the veterans who did not receive such services. ( (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. ( 2) Specified elements.--The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code. ( (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( Veterans Health Care and Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended as follows: (1) In section 3010-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``Subject to the availability of appropriations for such purpose, the Secretary''; and (B) by striking subsection (h). ( Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not receive such services. ( E) The effects of such services on other outcomes the Secretary determines appropriate. ( 2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. ( (D) The Homeless Programs Office of the Veterans Health Administration. ( E) The Office of Tribal Government Relations of the Department. ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (e) Evaluation and Assessment of Effects of Counseling.-- (1) Effects.--In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services. ( C) The effects of such services on income by comparing the veterans who received such services and the veterans who did not receive such services. ( (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. ( 2) Specified elements.--The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code. ( (h) Reports.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress an interim report on the study under subsection (a). ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( Veterans Health Care and Benefits Improvement Act of 2020.--The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended as follows: (1) In section 3010-- (A) in subsection (a), by striking ``The Secretary'' and inserting ``Subject to the availability of appropriations for such purpose, the Secretary''; and (B) by striking subsection (h). ( Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. d) Barriers to Counseling.--In conducting the study under subsection (a)(2), the Secretary shall conduct research on the effects of the following perceived barriers to financial and credit counseling for homeless veterans and veterans experiencing housing instability surveyed in the study: (1) The cost of financial and credit counseling services. ( 3) The effect of driving distance or availability of other forms of transportation to the nearest facility that received a grant under the Supportive Services for Veterans Families program. ( (B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not receive such services. ( E) The effects of such services on other outcomes the Secretary determines appropriate. ( 2) Data and recommendations.--In carrying out paragraph (1), the Secretary shall-- (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to accessing any additional data the Secretary may require; and (B) provide recommendations regarding the optimal research or evaluation design that would generate the greatest insights and value. ( (D) The Homeless Programs Office of the Veterans Health Administration. ( E) The Office of Tribal Government Relations of the Department. ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( (2) In section 4201(a), by adding at the end the following new paragraph: ``(3) Use of authority.--The Secretary shall ensure that paragraph (1) is carried out in accordance with established procedures for reprogrammings or transfers, including with respect to presenting a request for a reprogramming of funds.''. Passed the House of Representatives June 15, 2021.

To direct the Secretary of Veterans Affairs to conduct a study on the effect of financial and credit counseling for homeless veterans and veterans experiencing housing instability, and for other purposes. e) Evaluation and Assessment of Effects of Counseling.-- (1) Effects.--In conducting the study under subsection (a)(3), the Secretary shall conduct research on the ability to evaluate and assess the potential effects of financial and credit counseling services on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employment by comparing the veterans who received such services and the veterans who did not receive such services. ( ( (f) Discharge by Contract.--The Secretary may seek to enter into a contract with a qualified independent entity or organization to carry out the study and research required under this section, including such an entity or organization that is able to access credit scores, data maintained by the Internal Revenue Service, and other date beneficial to studying income. ( a) Title 38, United States Code.--Title 38, United States Code, is amended as follows: (1) In section 1786(d), as added by section 3006 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315), by striking paragraph (3). ( ( Passed the House of Representatives June 15, 2021.

11,262

7,001

H.R.2594

Health

Colorectal Cancer Payment Fairness Act This bill eliminates Medicare coinsurance requirements with respect to colorectal cancer screening tests, regardless of the code billed for a resulting diagnosis or procedure, beginning in 2023 (rather than 2030).

To amend title XVIII of the Social Security Act to eliminate the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Payment Fairness Act''. SEC. 2. ELIMINATING THE COINSURANCE REQUIREMENT FOR CERTAIN COLORECTAL CANCER SCREENING TESTS FURNISHED UNDER THE MEDICARE PROGRAM. Section 1833(dd) of the Social Security Act (42 U.S.C. 1395l(dd)) is amended-- (1) in paragraph (1), by striking ``and before January 1, 2030,''; and (2) in paragraph (2)-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking ``through 2026, 85 percent; and'' and inserting ``and each subsequent year, 100 percent.''; and (C) by striking subparagraph (C). <all>

Colorectal Cancer Payment Fairness Act

To amend title XVIII of the Social Security Act to eliminate the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program.

Colorectal Cancer Payment Fairness Act

Rep. Payne, Donald M., Jr.

D

NJ

This bill eliminates Medicare coinsurance requirements with respect to colorectal cancer screening tests, regardless of the code billed for a resulting diagnosis or procedure, beginning in 2023 (rather than 2030).

To amend title XVIII of the Social Security Act to eliminate the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Payment Fairness Act''. SEC. 2. ELIMINATING THE COINSURANCE REQUIREMENT FOR CERTAIN COLORECTAL CANCER SCREENING TESTS FURNISHED UNDER THE MEDICARE PROGRAM. Section 1833(dd) of the Social Security Act (42 U.S.C. 1395l(dd)) is amended-- (1) in paragraph (1), by striking ``and before January 1, 2030,''; and (2) in paragraph (2)-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking ``through 2026, 85 percent; and'' and inserting ``and each subsequent year, 100 percent.''; and (C) by striking subparagraph (C). <all>

To amend title XVIII of the Social Security Act to eliminate the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program. Section 1833(dd) of the Social Security Act (42 U.S.C. 1395l(dd)) is amended-- (1) in paragraph (1), by striking ``and before January 1, 2030,''; and (2) in paragraph (2)-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking ``through 2026, 85 percent; and'' and inserting ``and each subsequent year, 100 percent.'';

11,263

6,984

H.R.1357

Law

Pandemic Heroes Compensation Act of 2021 This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019). A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pandemic Heroes Compensation Act of 2021''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Claimant.--The term ``claimant'' means an individual filing a claim for compensation under this Act. (2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. (3) COVID-19.--The term ``COVID-19'' means novel coronavirus disease 2019, as identified by the Centers for Disease Control. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) resulting from harm due to COVID-19 to the extent recovery for such loss is allowed under applicable Federal, State, local, Tribal, or territorial law. (5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. (6) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (7) Special master.--The term ``Special Master'' means the Special Master appointed by the Attorney General under section 3. (8) Place of residence.--The term ``place of residence'' means the physical location or locations at which claimant resided or was residing during the eligibility period. (9) Eligibility period.--The term ``eligibility period'' means any time during which any Federal, State, Tribal, territorial, or local COVID-19 related emergency order or declaration (or equivalent) is or was in effect, regardless of the claimant's place of residence. SEC. 3. ADMINISTRATION. (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master and the Deputy Special Masters. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act. SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the harm that the claimant suffered as a result of COVID-19, or in the case of a claim filed on behalf of a decedent, information confirming the decedent's death, as a result of COVID-19; (ii) information establishing that the claimant or decedent was an essential worker; (iii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of COVID-19 or that was caused by the death of the decedent from COVID-19; and (iv) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of COVID-19. (3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--A determination under this subsection shall be final and not subject to judicial review. (4) Rights of claimant.--A claimant in a review under paragraph (1) shall have-- (A) the right to be represented by an attorney or other representative; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. (7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. (c) Eligibility.-- (1) In general.--A claimant or decedent shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant or decedent-- (A) was designated an essential worker during the eligibility period or was a family member of such an essential worker who resided with the essential worker during the eligibility period; (B) expressed symptoms consistent with COVID-19, including those with laboratory confirmations, diagnosis by a healthcare provider, or for whom there is or was an absence of an alternate diagnosis that explains claimant's or decedent's symptoms; (C) suffered economic loss; and (D) meets the requirements of paragraph (2). (2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. If the claimant dies during the pendency of a claim, the decedent's family or other individual representing the decedent may continue the claimant's claim with added expenses related to the claimant's death, as needed. SEC. 5. ASSISTANCE TO CLAIMANTS. The Special Master will establish an office to provide assistance to all claimants in submitting claims. SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (a) In General.--Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Funding.-- (1) In general.--The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this Act, under such terms and conditions as the Attorney General may impose. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. (c) Development of Agency Policies and Procedures.--Not later than 120 days after the date of enactment the Special Master shall develop agency policies and procedures that meet the requirements including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. (d) Attorney Fees.--The Special Master shall have the sole discretion to determine reasonable compensation for services rendered for attorney fees for services rendered, if any. SEC. 7. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. SEC. 8. RIGHT OF SUBROGATION. The United States shall have the right of subrogation with respect to any claim paid by the United States, subject to the limitation described in this Act. SEC. 9. VICTIM COMPENSATION FUND. (a) In General.--There is established in the Treasury of the United States a fund to be known as the ``COVID-19 Compensation Fund'', consisting of amounts deposited into such fund under subsection (b). (b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. (c) Termination.--The COVID-19 Compensation Fund shall be permanently closed on the date that is 1 year after the Special Master determines that no additional claims may be filed. SEC. 10. APPROPRIATION. There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended. <all>

Pandemic Heroes Compensation Act of 2021

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes.

Pandemic Heroes Compensation Act of 2021

Rep. Maloney, Carolyn B.

D

NY

This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019). A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.

SHORT TITLE. 2. DEFINITIONS. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) resulting from harm due to COVID-19 to the extent recovery for such loss is allowed under applicable Federal, State, local, Tribal, or territorial law. (8) Place of residence.--The term ``place of residence'' means the physical location or locations at which claimant resided or was residing during the eligibility period. 3. ADMINISTRATION. Any such employee shall serve at the pleasure of the Attorney General. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (c) Eligibility.-- (1) In general.--A claimant or decedent shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant or decedent-- (A) was designated an essential worker during the eligibility period or was a family member of such an essential worker who resided with the essential worker during the eligibility period; (B) expressed symptoms consistent with COVID-19, including those with laboratory confirmations, diagnosis by a healthcare provider, or for whom there is or was an absence of an alternate diagnosis that explains claimant's or decedent's symptoms; (C) suffered economic loss; and (D) meets the requirements of paragraph (2). 5. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (c) Development of Agency Policies and Procedures.--Not later than 120 days after the date of enactment the Special Master shall develop agency policies and procedures that meet the requirements including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. 7. REGULATIONS. 8. RIGHT OF SUBROGATION. 9. (a) In General.--There is established in the Treasury of the United States a fund to be known as the ``COVID-19 Compensation Fund'', consisting of amounts deposited into such fund under subsection (b). SEC. APPROPRIATION. There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

2. DEFINITIONS. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) resulting from harm due to COVID-19 to the extent recovery for such loss is allowed under applicable Federal, State, local, Tribal, or territorial law. 3. ADMINISTRATION. Any such employee shall serve at the pleasure of the Attorney General. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (c) Eligibility.-- (1) In general.--A claimant or decedent shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant or decedent-- (A) was designated an essential worker during the eligibility period or was a family member of such an essential worker who resided with the essential worker during the eligibility period; (B) expressed symptoms consistent with COVID-19, including those with laboratory confirmations, diagnosis by a healthcare provider, or for whom there is or was an absence of an alternate diagnosis that explains claimant's or decedent's symptoms; (C) suffered economic loss; and (D) meets the requirements of paragraph (2). 5. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (c) Development of Agency Policies and Procedures.--Not later than 120 days after the date of enactment the Special Master shall develop agency policies and procedures that meet the requirements including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. 7. REGULATIONS. 8. RIGHT OF SUBROGATION. 9. (a) In General.--There is established in the Treasury of the United States a fund to be known as the ``COVID-19 Compensation Fund'', consisting of amounts deposited into such fund under subsection (b). SEC. APPROPRIATION. There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. (3) COVID-19.--The term ``COVID-19'' means novel coronavirus disease 2019, as identified by the Centers for Disease Control. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) resulting from harm due to COVID-19 to the extent recovery for such loss is allowed under applicable Federal, State, local, Tribal, or territorial law. (8) Place of residence.--The term ``place of residence'' means the physical location or locations at which claimant resided or was residing during the eligibility period. 3. ADMINISTRATION. Any such employee shall serve at the pleasure of the Attorney General. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the harm that the claimant suffered as a result of COVID-19, or in the case of a claim filed on behalf of a decedent, information confirming the decedent's death, as a result of COVID-19; (ii) information establishing that the claimant or decedent was an essential worker; (iii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of COVID-19 or that was caused by the death of the decedent from COVID-19; and (iv) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of COVID-19. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--A determination under this subsection shall be final and not subject to judicial review. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. (c) Eligibility.-- (1) In general.--A claimant or decedent shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant or decedent-- (A) was designated an essential worker during the eligibility period or was a family member of such an essential worker who resided with the essential worker during the eligibility period; (B) expressed symptoms consistent with COVID-19, including those with laboratory confirmations, diagnosis by a healthcare provider, or for whom there is or was an absence of an alternate diagnosis that explains claimant's or decedent's symptoms; (C) suffered economic loss; and (D) meets the requirements of paragraph (2). 5. The Special Master will establish an office to provide assistance to all claimants in submitting claims. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. (c) Development of Agency Policies and Procedures.--Not later than 120 days after the date of enactment the Special Master shall develop agency policies and procedures that meet the requirements including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. (d) Attorney Fees.--The Special Master shall have the sole discretion to determine reasonable compensation for services rendered for attorney fees for services rendered, if any. 7. REGULATIONS. 8. RIGHT OF SUBROGATION. 9. (a) In General.--There is established in the Treasury of the United States a fund to be known as the ``COVID-19 Compensation Fund'', consisting of amounts deposited into such fund under subsection (b). SEC. 10. APPROPRIATION. There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. (3) COVID-19.--The term ``COVID-19'' means novel coronavirus disease 2019, as identified by the Centers for Disease Control. (4) Economic loss.--The term ``economic loss'' means any pecuniary loss (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) resulting from harm due to COVID-19 to the extent recovery for such loss is allowed under applicable Federal, State, local, Tribal, or territorial law. (5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. (6) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (8) Place of residence.--The term ``place of residence'' means the physical location or locations at which claimant resided or was residing during the eligibility period. 3. ADMINISTRATION. (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the harm that the claimant suffered as a result of COVID-19, or in the case of a claim filed on behalf of a decedent, information confirming the decedent's death, as a result of COVID-19; (ii) information establishing that the claimant or decedent was an essential worker; (iii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of COVID-19 or that was caused by the death of the decedent from COVID-19; and (iv) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of COVID-19. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--A determination under this subsection shall be final and not subject to judicial review. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. (c) Eligibility.-- (1) In general.--A claimant or decedent shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant or decedent-- (A) was designated an essential worker during the eligibility period or was a family member of such an essential worker who resided with the essential worker during the eligibility period; (B) expressed symptoms consistent with COVID-19, including those with laboratory confirmations, diagnosis by a healthcare provider, or for whom there is or was an absence of an alternate diagnosis that explains claimant's or decedent's symptoms; (C) suffered economic loss; and (D) meets the requirements of paragraph (2). (2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. 5. The Special Master will establish an office to provide assistance to all claimants in submitting claims. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. (c) Development of Agency Policies and Procedures.--Not later than 120 days after the date of enactment the Special Master shall develop agency policies and procedures that meet the requirements including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. (d) Attorney Fees.--The Special Master shall have the sole discretion to determine reasonable compensation for services rendered for attorney fees for services rendered, if any. 7. REGULATIONS. 8. RIGHT OF SUBROGATION. 9. (a) In General.--There is established in the Treasury of the United States a fund to be known as the ``COVID-19 Compensation Fund'', consisting of amounts deposited into such fund under subsection (b). SEC. 10. APPROPRIATION. There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. ( (5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. ( 6) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. ( (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. ( b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. ( 3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. ( 6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. (7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. ( 2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (a) In General.--Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. ( 2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. ( There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. ( 3) COVID-19.--The term ``COVID-19'' means novel coronavirus disease 2019, as identified by the Centers for Disease Control. ( (9) Eligibility period.--The term ``eligibility period'' means any time during which any Federal, State, Tribal, territorial, or local COVID-19 related emergency order or declaration (or equivalent) is or was in effect, regardless of the claimant's place of residence. a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. ( 2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). 3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. ( b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. ( (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. ( 7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. ( (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( RIGHT OF SUBROGATION. b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. (

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. ( (5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. ( 6) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. ( (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. ( b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. ( 3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. ( 6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. (7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. ( 2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (a) In General.--Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. ( 2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. ( There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. ( 3) COVID-19.--The term ``COVID-19'' means novel coronavirus disease 2019, as identified by the Centers for Disease Control. ( (9) Eligibility period.--The term ``eligibility period'' means any time during which any Federal, State, Tribal, territorial, or local COVID-19 related emergency order or declaration (or equivalent) is or was in effect, regardless of the claimant's place of residence. a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. ( 2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). 3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. ( b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. ( (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. ( 7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. ( (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( RIGHT OF SUBROGATION. b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. (

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. ( (5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. ( 6) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. ( (a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. ( b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. ( 3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. ( 6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. (7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. ( 2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (a) In General.--Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. ( 2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. ( There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 2) Collateral source.--The term ``collateral source'' means all compensation other than compensation under this Act, including life insurance, pension funds, death benefit programs, and payments by Federal, State, Territory, or local governments. ( 3) COVID-19.--The term ``COVID-19'' means novel coronavirus disease 2019, as identified by the Centers for Disease Control. ( (9) Eligibility period.--The term ``eligibility period'' means any time during which any Federal, State, Tribal, territorial, or local COVID-19 related emergency order or declaration (or equivalent) is or was in effect, regardless of the claimant's place of residence. a) In General.--The Attorney General, acting through a Special Master appointed by the Attorney General, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. ( 2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). 3) Limitation.--No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. ( b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. ( (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. ( 7) Limitations on claims.--Noneconomic losses shall not exceed such limit as the Special Master may impose. ( (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( RIGHT OF SUBROGATION. b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. (

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. ( ( b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. 6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. ( ( 2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. ( a) In General.--Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. ( ( There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. ( ( (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. ( b) Availability of Funds.--Amounts deposited into the COVID-19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. (

To provide for the establishment of a COVID-19 Compensation Fund, and for other purposes. 5) Essential worker.--The term ``essential worker'' means any individual, employee, or contractor working for a person, business, nonprofit entity, or Federal, State, tribal, territorial or local government that is determined, during the response to the COVID-19 pandemic, to be essential, based on State, local, tribal, or territorial orders or declarations (or equivalent), or Federal guidance published by the Cyber & Infrastructure Security Agency (CISA), and who performed work outside their place of residence. ( ( b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. 6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID-19. ( ( 2) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. ( a) In General.--Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. ( ( There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.

11,264

7,685

H.R.5066

International Affairs

Afghanistan Accountability Act This bill requires the President to impose sanctions on certain foreign persons, such as Taliban officials, and requires reports related to Afghanistan. The President must impose asset- and visa-blocking sanctions on any foreign person who (1) is an official, agent, or instrumentality of the Taliban; (2) has acted to undermine democratic institutions or threaten the stability of Afghanistan; (3) has acted to limit or penalize freedom of expression in Afghanistan, particularly the freedom of expression of women; (4) has committed serious human rights abuses in Afghanistan; or (5) operates in the mining sector in Afghanistan. The sanctions also apply to certain immediate relatives of such persons and those who provide material support to such persons. The bill also requires reports to Congress on (1) the intelligence provided to the President and policymakers prior to and concerning the withdrawal of U.S. troops from Afghanistan, (2) whether the Taliban meets the criteria for designation as a foreign terrorist organization, and (3) human rights violations by the Taliban against individuals who supported U.S. efforts in Afghanistan.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported 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 ``Afghanistan Accountability Act''. SEC. 2. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. (a) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense and the Director of the Central Intelligence Agency, and in consultation with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a review of the effectiveness of the production and communication of the intelligence and other information provided to the President and national security officials during the period from January 2021 through August 2021 relating to the withdrawal of United States troops from Afghanistan by September 11, 2021. (b) Elements.--The review required under subsection (a) shall include the following: (1) A review of the intelligence and other information provided to the President and an analysis with findings describing how the intelligence community could have improved all-source intelligence direction, collection, processing, exploitation, and dissemination to better inform the President and policymakers, before and after the announcement of the withdrawal of United States troops and during such withdrawal, with respect to-- (A) capabilities of the Afghan National Government and Afghan Security Forces, and the Taliban civil and military entities, in the context of a withdrawal of the United States military from Afghanistan; and (B) effects of the withdrawal of the United States military from Afghanistan on-- (i) the safety of United States military and civilian personnel, diplomats, contractors, and other United States citizens in Afghanistan; (ii) the national security of the United States; (iii) the security and safety of citizens of other countries who aided or supported the United States Government and military in Afghanistan; and (iv) the rights and protections of the Afghan civilian population under international human rights law. (2) An assessment of the relationship between the Taliban and al-Qaida, including al-Qaida affiliated groups, both before, during, and after the August 2021 offensive launched by the Taliban. (3) An assessment of the material impact of support provided by al-Qaida and its affiliated groups on the Taliban's ability to seize territory as part of the August 2021 offensive. (4) An assessment in accordance with the standards described in section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364), of the analytic integrity and effectiveness of the intelligence provided to the President regarding such a withdrawal of United States military and civilian personnel from Afghanistan. (5) A review of how the intelligence community could have enhanced intelligence direction, collection, processing, exploitation, and dissemination as circumstances in Afghanistan changed in response to the United States announcement of such a withdrawal of United States military and civilian personnel and the implementation of such withdrawal plans. (6) Recommendations on how to improve intelligence direction, collection, processing, exploitation, and dissemination relating to future military withdrawals in regions with terrorist or hostile military threats to better inform policymaking and protect the national security of the United States and the safety of United States citizens and citizens of other countries who have aided or supported the United States Government or military. (7) An analysis of how the intelligence community could have improved intelligence sharing with United States allies to support the efforts of such allies to evacuate their citizens, including military and diplomatic staff, from Afghanistan. (8) An update on the current security risks for United States military and civilian personnel deployed to or remaining in Afghanistan to assist with evacuation efforts. (9) An update on the current terrorist threat to the United States from the Taliban, al-Qaida, the Islamic State, and other terrorist groups operating from Afghanistan. (10) An assessment of the risk for expansion of international terrorist safe havens inside Afghanistan, Pakistan, and Iran. (11) An assessment of the objectives and associated activities of regional actors, including China, Russia, Iran, and Pakistan, in Afghanistan following the United States military withdrawal. (12) An assessment of support provided by the Government of Pakistan and affiliated entities to the Taliban that contributed to the planning for and execution of the August 2021 offensive. (13) An assessment of the specific planning for the United States force withdrawal, including details regarding the decision to close United States bases and limit any evacuation to United States embassy facilities and Hamid Karzai International Airport. (14) An assessment of the types and numbers of United States vehicles, weapons, and other equipment captured by the Taliban. (15) An assessment on the efficacy of negotiating with the Taliban while a military strategy was being actively pursued by the Taliban. (c) Form.--The report submitted shall be submitted in unclassified form, but may include a classified annex. (d) Briefings.--Not later than 65 days after the date of the enactment of this Act, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Under Secretary of Defense for Intelligence and Security shall jointly provide appropriate congressional committees a briefing on the findings of the review completed under subsection (a). (e) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Defense and the Inspector General of the Central Intelligence Agency and in consultation with inspectors general of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that contains an evaluation of intelligence products and briefings provided from January through August 2021 to the President and national security officials and policymakers relating to the withdrawal of United States troops from Afghanistan by September 11, 2021. (2) Matters to be included.--The evaluation required by paragraph (1) shall include an assessment of whether such intelligence products and briefings properly-- (A) included all sources of available intelligence; (B) described the quality and reliability of underlying sources; (C) caveated and expressed uncertainties or confidence in analytic judgments; (D) distinguished between underlying intelligence and the assumptions and judgments of analysts; (E) incorporated, where appropriate, alternative analyses; and (F) ensured that the analytic methodologies, tradecraft, and practices used in the production of such products and briefings met established intelligence community standards. (3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate. (2) 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)). SEC. 3. FOREIGN TERRORIST ORGANIZATION DETERMINATION AND TERRORISM SANCTIONS. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) the Secretary of State should so designate the Taliban as a foreign terrorist organization pursuant to such section. (b) Report.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a detailed report on whether the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and if the Secretary determines that the Taliban does not so satisfy such criteria, a detailed justification as to which of such criteria have not been so satisfied. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (c) Application of Certain Measures.--It is the sense of the Congress that the United States should, pursuant to Executive Order 13224, impose on the Taliban sanctions for having committed, or posing a significant risk of committing, acts of terrorism. SEC. 4. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. (a) Imposition of Sanctions.--Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to any foreign person that the President determines-- (1) to be an official, agent, political subdivision, agency, or instrumentality of the Taliban; (2) has engaged in or attempted to engage in actions or policies that undermine democratic processes or institutions, or threaten the peace, security, or stability of Afghanistan; (3) has engaged in or attempted to engage in actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Afghanistan, particularly women; (4) has engaged in serious human rights abuse in Afghanistan; (5) operates in the mining sector of the Afghan economy or any other sector of the Afghan economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State; (6) to be a spouse or adult child of any person described in this subsection; or (7) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person described in this subsection. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. (2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (e) to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Additional Measure.--The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a person described in subsection (a). (d) Waiver.-- (1) In general.--The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States. (2) Sunset.-- (A) In general.--The President's authority to exercise the waiver described in paragraph (1) shall terminate on the date that is two years after the date of the enactment of this Act. (B) Saving clause.--Any exercise of the waiver described in paragraph (1) before the date specified in subparagraph (A) shall not affect the period of validity of such waiver, notwithstanding the date of termination under such subparagraph. (e) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act shall not apply to the President's authority to exercise authorities under this section. (f) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 90 days after receiving a written request from the Chairperson and Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall-- (1) determine if such person has engaged in such an activity; and (2) submit to the Chairperson and Ranking Member of such committee a report with respect to such determination, including a statement of whether or not the President imposed or intends to impose sanctions under this section with respect to such person. (g) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). SEC. 5. REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. (a) In General.--Not later than 60 days after the date of the enactment of this Act and every 90 days thereafter for two years, the Secretary of State, in coordination with the Director of National Intelligence and the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a report on incidents of human rights violations by the Taliban against-- (1) United States citizens and their family members who are not United States citizens, in Afghanistan and other foreign countries; or (2) Afghan individuals and their family members who assisted United States military operations, United States diplomatic operations or programming, or United States development and human rights activities, in Afghanistan and other foreign countries. (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. (c) Form.--Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate. SEC. 6. DEFINITION OF THE TALIBAN. In this Act, the term ``Taliban''-- (1) refers to the organization that was founded by Mohammed Omar, and that is currently led by Mawlawi Hibatullah Akhundzada; and (2) includes subordinate organizations, such as the Haqqani Network, and any successor organization. <all>

Afghanistan Accountability Act

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes.

Afghanistan Accountability Act

Rep. Moore, Blake D.

R

UT

This bill requires the President to impose sanctions on certain foreign persons, such as Taliban officials, and requires reports related to Afghanistan. The President must impose asset- and visa-blocking sanctions on any foreign person who (1) is an official, agent, or instrumentality of the Taliban; (2) has acted to undermine democratic institutions or threaten the stability of Afghanistan; (3) has acted to limit or penalize freedom of expression in Afghanistan, particularly the freedom of expression of women; (4) has committed serious human rights abuses in Afghanistan; or (5) operates in the mining sector in Afghanistan. The sanctions also apply to certain immediate relatives of such persons and those who provide material support to such persons. The bill also requires reports to Congress on (1) the intelligence provided to the President and policymakers prior to and concerning the withdrawal of U.S. troops from Afghanistan, (2) whether the Taliban meets the criteria for designation as a foreign terrorist organization, and (3) human rights violations by the Taliban against individuals who supported U.S. efforts in Afghanistan.

2. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. (2) An assessment of the relationship between the Taliban and al-Qaida, including al-Qaida affiliated groups, both before, during, and after the August 2021 offensive launched by the Taliban. (e) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Defense and the Inspector General of the Central Intelligence Agency and in consultation with inspectors general of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that contains an evaluation of intelligence products and briefings provided from January through August 2021 to the President and national security officials and policymakers relating to the withdrawal of United States troops from Afghanistan by September 11, 2021. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and if the Secretary determines that the Taliban does not so satisfy such criteria, a detailed justification as to which of such criteria have not been so satisfied. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. 4. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act shall not apply to the President's authority to exercise authorities under this section. 5. REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. SEC. 6. DEFINITION OF THE TALIBAN.

2. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. (e) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Defense and the Inspector General of the Central Intelligence Agency and in consultation with inspectors general of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that contains an evaluation of intelligence products and briefings provided from January through August 2021 to the President and national security officials and policymakers relating to the withdrawal of United States troops from Afghanistan by September 11, 2021. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. 4. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act shall not apply to the President's authority to exercise authorities under this section. 5. REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. SEC. 6. DEFINITION OF THE TALIBAN.

SHORT TITLE. 2. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. (2) An assessment of the relationship between the Taliban and al-Qaida, including al-Qaida affiliated groups, both before, during, and after the August 2021 offensive launched by the Taliban. (5) A review of how the intelligence community could have enhanced intelligence direction, collection, processing, exploitation, and dissemination as circumstances in Afghanistan changed in response to the United States announcement of such a withdrawal of United States military and civilian personnel and the implementation of such withdrawal plans. (12) An assessment of support provided by the Government of Pakistan and affiliated entities to the Taliban that contributed to the planning for and execution of the August 2021 offensive. (e) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Defense and the Inspector General of the Central Intelligence Agency and in consultation with inspectors general of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that contains an evaluation of intelligence products and briefings provided from January through August 2021 to the President and national security officials and policymakers relating to the withdrawal of United States troops from Afghanistan by September 11, 2021. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and if the Secretary determines that the Taliban does not so satisfy such criteria, a detailed justification as to which of such criteria have not been so satisfied. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. 4. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. (B) Saving clause.--Any exercise of the waiver described in paragraph (1) before the date specified in subparagraph (A) shall not affect the period of validity of such waiver, notwithstanding the date of termination under such subparagraph. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act shall not apply to the President's authority to exercise authorities under this section. (f) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 90 days after receiving a written request from the Chairperson and Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall-- (1) determine if such person has engaged in such an activity; and (2) submit to the Chairperson and Ranking Member of such committee a report with respect to such determination, including a statement of whether or not the President imposed or intends to impose sanctions under this section with respect to such person. 5. REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. SEC. 6. DEFINITION OF THE TALIBAN.

SHORT TITLE. 2. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. (2) An assessment of the relationship between the Taliban and al-Qaida, including al-Qaida affiliated groups, both before, during, and after the August 2021 offensive launched by the Taliban. (4) An assessment in accordance with the standards described in section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. (5) A review of how the intelligence community could have enhanced intelligence direction, collection, processing, exploitation, and dissemination as circumstances in Afghanistan changed in response to the United States announcement of such a withdrawal of United States military and civilian personnel and the implementation of such withdrawal plans. (10) An assessment of the risk for expansion of international terrorist safe havens inside Afghanistan, Pakistan, and Iran. (12) An assessment of support provided by the Government of Pakistan and affiliated entities to the Taliban that contributed to the planning for and execution of the August 2021 offensive. (e) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Inspector General of the Department of Defense and the Inspector General of the Central Intelligence Agency and in consultation with inspectors general of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that contains an evaluation of intelligence products and briefings provided from January through August 2021 to the President and national security officials and policymakers relating to the withdrawal of United States troops from Afghanistan by September 11, 2021. (2) Matters to be included.--The evaluation required by paragraph (1) shall include an assessment of whether such intelligence products and briefings properly-- (A) included all sources of available intelligence; (B) described the quality and reliability of underlying sources; (C) caveated and expressed uncertainties or confidence in analytic judgments; (D) distinguished between underlying intelligence and the assumptions and judgments of analysts; (E) incorporated, where appropriate, alternative analyses; and (F) ensured that the analytic methodologies, tradecraft, and practices used in the production of such products and briefings met established intelligence community standards. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and if the Secretary determines that the Taliban does not so satisfy such criteria, a detailed justification as to which of such criteria have not been so satisfied. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. 4. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (B) Saving clause.--Any exercise of the waiver described in paragraph (1) before the date specified in subparagraph (A) shall not affect the period of validity of such waiver, notwithstanding the date of termination under such subparagraph. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act shall not apply to the President's authority to exercise authorities under this section. (f) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 90 days after receiving a written request from the Chairperson and Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall-- (1) determine if such person has engaged in such an activity; and (2) submit to the Chairperson and Ranking Member of such committee a report with respect to such determination, including a statement of whether or not the President imposed or intends to impose sanctions under this section with respect to such person. 5. REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. SEC. 6. DEFINITION OF THE TALIBAN.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. ( 2) An assessment of the relationship between the Taliban and al-Qaida, including al-Qaida affiliated groups, both before, during, and after the August 2021 offensive launched by the Taliban. ( 3) An assessment of the material impact of support provided by al-Qaida and its affiliated groups on the Taliban's ability to seize territory as part of the August 2021 offensive. (4) An assessment in accordance with the standards described in section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364), of the analytic integrity and effectiveness of the intelligence provided to the President regarding such a withdrawal of United States military and civilian personnel from Afghanistan. ( 5) A review of how the intelligence community could have enhanced intelligence direction, collection, processing, exploitation, and dissemination as circumstances in Afghanistan changed in response to the United States announcement of such a withdrawal of United States military and civilian personnel and the implementation of such withdrawal plans. ( (9) An update on the current terrorist threat to the United States from the Taliban, al-Qaida, the Islamic State, and other terrorist groups operating from Afghanistan. ( 13) An assessment of the specific planning for the United States force withdrawal, including details regarding the decision to close United States bases and limit any evacuation to United States embassy facilities and Hamid Karzai International Airport. ( (d) Briefings.--Not later than 65 days after the date of the enactment of this Act, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Under Secretary of Defense for Intelligence and Security shall jointly provide appropriate congressional committees a briefing on the findings of the review completed under subsection (a). ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate. ( (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) the Secretary of State should so designate the Taliban as a foreign terrorist organization pursuant to such section. ( 3) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. (c) Application of Certain Measures.--It is the sense of the Congress that the United States should, pursuant to Executive Order 13224, impose on the Taliban sanctions for having committed, or posing a significant risk of committing, acts of terrorism. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. ( (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. ( 2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (e) to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. ( (c) Additional Measure.--The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a person described in subsection (a). ( d) Waiver.-- (1) In general.--The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States. ( 1702 and 1704) for purposes of carrying out this section. The exceptions to the President's authority described in section 203(b) of the International Emergency Economic Powers Act shall not apply to the President's authority to exercise authorities under this section. ( (2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. ( (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. ( d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. INTELLIGENCE ASSESSMENT OF THE PRODUCTION, PLANNING, AND COMMUNICATION OF INTELLIGENCE RELATING TO THE WITHDRAWAL OF UNITED STATES MILITARY FROM AFGHANISTAN. ( 2) An assessment of the relationship between the Taliban and al-Qaida, including al-Qaida affiliated groups, both before, during, and after the August 2021 offensive launched by the Taliban. ( 4) An assessment in accordance with the standards described in section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364), of the analytic integrity and effectiveness of the intelligence provided to the President regarding such a withdrawal of United States military and civilian personnel from Afghanistan. ( (6) Recommendations on how to improve intelligence direction, collection, processing, exploitation, and dissemination relating to future military withdrawals in regions with terrorist or hostile military threats to better inform policymaking and protect the national security of the United States and the safety of United States citizens and citizens of other countries who have aided or supported the United States Government or military. ( 7) An analysis of how the intelligence community could have improved intelligence sharing with United States allies to support the efforts of such allies to evacuate their citizens, including military and diplomatic staff, from Afghanistan. ( 13) An assessment of the specific planning for the United States force withdrawal, including details regarding the decision to close United States bases and limit any evacuation to United States embassy facilities and Hamid Karzai International Airport. ( (d) Briefings.--Not later than 65 days after the date of the enactment of this Act, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Under Secretary of Defense for Intelligence and Security shall jointly provide appropriate congressional committees a briefing on the findings of the review completed under subsection (a). ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( (2) 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)). b) Report.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a detailed report on whether the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and if the Secretary determines that the Taliban does not so satisfy such criteria, a detailed justification as to which of such criteria have not been so satisfied. ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( 3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Additional Measure.--The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a person described in subsection (a). ( e) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. g) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate. ( 2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. ( d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 13) An assessment of the specific planning for the United States force withdrawal, including details regarding the decision to close United States bases and limit any evacuation to United States embassy facilities and Hamid Karzai International Airport. ( ( ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) ( 3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( e) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. ( d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 3) An assessment of the material impact of support provided by al-Qaida and its affiliated groups on the Taliban's ability to seize territory as part of the August 2021 offensive. ( ( (9) An update on the current terrorist threat to the United States from the Taliban, al-Qaida, the Islamic State, and other terrorist groups operating from Afghanistan. ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) the Secretary of State should so designate the Taliban as a foreign terrorist organization pursuant to such section. ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( ( II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. ( ( (c) Additional Measure.--The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a person described in subsection (a). ( 2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. ( ( b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. (

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 13) An assessment of the specific planning for the United States force withdrawal, including details regarding the decision to close United States bases and limit any evacuation to United States embassy facilities and Hamid Karzai International Airport. ( ( ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) ( 3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( e) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. ( d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 3) An assessment of the material impact of support provided by al-Qaida and its affiliated groups on the Taliban's ability to seize territory as part of the August 2021 offensive. ( ( (9) An update on the current terrorist threat to the United States from the Taliban, al-Qaida, the Islamic State, and other terrorist groups operating from Afghanistan. ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( (a) Sense of Congress.--It is the sense of Congress that-- (1) the Taliban satisfies the criteria for designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (2) the Secretary of State should so designate the Taliban as a foreign terrorist organization pursuant to such section. ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( ( II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. ( ( (c) Additional Measure.--The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a person described in subsection (a). ( 2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. ( ( b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. (

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 13) An assessment of the specific planning for the United States force withdrawal, including details regarding the decision to close United States bases and limit any evacuation to United States embassy facilities and Hamid Karzai International Airport. ( ( ( 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) ( 3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. ( e) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. ( d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( ( ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( ( ( 2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. ( (

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( (b) Matters To Be Included.--Each report under subsection (a) shall include-- (1) a detailed description of any incidents referred to in such subsection that occurred after the President's announcement in April 2021 regarding the implementation of a full withdrawal of United States troops from Afghanistan by September 11, 2021; and (2) any actions the Taliban has taken to deter incidents of human rights violations, intimidation, or harassment against individuals described in such subsection. ( d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate.

To require an intelligence assessment of the production, planning, and communication of intelligence relating to the withdrawal of United States military from Afghanistan, impose sanctions on the Taliban, report on human rights violations against Afghan individuals who supported the United States, and for other purposes. 3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, the Inspector General of the Department of Defense, and the Inspector General of the Central Intelligence Agency shall jointly provide a briefing to the appropriate congressional committees on the findings of the evaluation required by paragraph (1). ( ( ( ( b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ( ( ( 2) Foreign person.--The term ``foreign person'' has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section). REPORT OF HUMAN RIGHTS VIOLATIONS BY THE TALIBAN AGAINST UNITED STATES CITIZENS AND AFGHAN INDIVIDUALS WHO SUPPORTED UNITED STATES MILITARY AND DIPLOMATIC EFFORTS. ( (

11,265

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H.R.7701

Labor and Employment

Wage Theft Prevention and Wage Recovery Act of 2022 This bill requires employers to make initial and modified disclosures to employees of the terms of their employment, provide such employees with regular paystubs, and make a final payment to an employee for uncompensated work hours within 14 days of the employee's termination. Employers must also allow employees access to wage records. An employer must compensate an employee at the rate specified in an employment contract, including a collective bargaining agreement, that specifies a rate of pay higher than the minimum wage rate. The bill makes all of such unpaid wages recoverable through civil enforcement. The bill establishes new and increased civil and criminal penalties for violations of overtime or minimum wage requirements, including referral to the Department of Justice for criminal prosecution of employers who engage in wage theft, falsification of wage records, or retaliation against employees. The Wage and Hour Division of the Department of Labor must provide grants to specified organizations, including nonprofits and educational institutions, to support efforts to prevent and reduce violations of wage and hour laws.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Theft Prevention and Wage Recovery Act of 2022''. TITLE I--AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938 SEC. 101. REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR PAYSTUBS, AND FINAL PAYMENTS. The Fair Labor Standards Act of 1938 is amended by inserting after section 4 (29 U.S.C. 204) the following: ``SEC. 5. REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR PAYSTUBS, AND FINAL PAYMENTS. ``(a) Disclosures.-- ``(1) Initial disclosures.--Not later than 15 days after the date on which an employer hires an employee who 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, the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph (3). Such initial disclosure shall be-- ``(A) provided as a written statement or, if the employee so chooses, as a digital document provided through electronic communication; and ``(B) made available in the employee's primary language. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(3) Information.--The information described in this paragraph shall include-- ``(A) the rate of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation; ``(B)(i) an indication of whether the employee is being classified by the employer as an employee subject to the minimum wage requirements of section 6 or as an employee that is exempt from (or otherwise not subject to) such requirements as provided under section 3(m)(2), 6, 13, or 14, as well as the reason for the exemption; and ``(ii) in the case that such employee is not classified as being an employee subject to such minimum wage requirements, an identification of the section described in clause (i) providing for such classification; ``(C)(i) an indication of whether the employee is being classified by the employer as an employee subject to the overtime compensation requirements of section 7 or as an employee exempt from such requirements as provided under section 7 or 13; and ``(ii) in the case that such employee is not classified as being an employee subject to such overtime compensation requirements, an identification of the section described in clause (i) providing for such classification; ``(D) the name of the employer and any other name used by the employer to conduct business; and ``(E) the physical address of and telephone number for the employer's main office or principal place of business, and a mailing address for such office or place of business if the mailing address is different than the physical address. ``(b) Paystubs.-- ``(1) In general.--Every employer shall provide each employee of such employer who 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, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph (3) in any form provided under paragraph (2). ``(2) Forms.--A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: ``(A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period. ``(B) In the case of an employee who receives paychecks from the employer, as a detachable statement accompanying each paycheck. ``(C) As a digital document provided through electronic communication, subject to the employee affirmatively consenting to receive the paystubs in this form. ``(3) Contents.--Each paystub shall contain all of the following information: ``(A) The name of the employee. ``(B) Except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the total number of hours worked by the employee, including the number of hours worked per workweek, during the applicable pay period. ``(C) The total gross and net wages paid, and, except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period. ``(D) In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period. ``(E) In the case of an employee employed at piece rates, the number of piece rate units earned, the applicable piece rates, and the total amount paid to the employee per workweek for the applicable pay period in accordance with such piece rates. ``(F) The rate of pay per workweek of the employee during the applicable pay period and an explanation of the basis for such rate. ``(G) The number of overtime hours per workweek worked by the employee during the applicable pay period and the compensation required under section 7 that is provided to the employee for such hours. ``(H) Any additional compensation provided to the employee during the applicable pay period, with an explanation of each type of compensation, including any allowances or reimbursements such as amounts related to meals, clothing, lodging, or any other item. ``(I) Itemized deductions from the gross income of the employee during the applicable pay period, and an explanation for each deduction. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(K) The name of the employer and any other name used by the employer to conduct business. ``(L) The name and phone number of a representative of the employer for contact purposes. ``(M) Any additional information that the Secretary reasonably requires to be included through notice and comment rulemaking. ``(c) Model Disclosures and Pay Stub.--The Secretary shall prescribe model disclosures and a model pay stub that may be used to satisfy the requirements of subsections (a) and (b), respectively. The Secretary shall make the model disclosures and the model pay stub publicly available to employers. ``(d) Final Payments.-- ``(1) In general.--Not later than 14 days after an individual described in paragraph (4) terminates employment with an employer (by action of the employer or the individual), or on the date on which such employer pays other employees for the pay period during which the individual so terminates such employment, whichever date is earlier, the employer shall provide the individual with a final payment, which includes all compensation due to such individual for all time worked and benefits incurred (including retirement, health, leave, fringe, and other benefits) by the individual as an employee for the employer. ``(2) Continuing wages.--An employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer. ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), an individual described in paragraph (4) shall not be entitled to the compensation described under paragraph (2) if the employer successfully demonstrates that-- ``(A) the employer made a good-faith effort to provide the final payment described in paragraph (1); and ``(B) the individual refused or otherwise intentionally avoided receiving such final payment. ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. SEC. 102. RIGHT TO FULL COMPENSATION. (a) In General.--The Fair Labor Standards Act of 1938 is amended by inserting after section 7 (29 U.S.C. 207) the following: ``SEC. 8. RIGHT TO FULL COMPENSATION. ``(a) In General.--In the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in subsection (b)) at a rate that is higher than the rate otherwise required under this Act, the employer shall compensate such employee at the rate specified in such contract or other employment agreement. ``(b) Employee Engaged in Commerce.--The requirement under subsection (a) shall apply with respect to any employee who 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) Conforming Amendment.--The Fair Labor Standards Act of 1938 is amended by repealing section 10 (29 U.S.C. 210). SEC. 103. CIVIL AND CRIMINAL ENFORCEMENT. (a) Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) in paragraph (1), by striking ``section 6 or section 7'' and inserting ``section 6, 7, or 8''; and (2) in paragraph (2), by striking ``section 6 or section 7'' and inserting ``section 5, 6, 7, or 8''. (b) Damages.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended-- (1) in section 4(f) (29 U.S.C. 204(f)), in the third sentence, by striking ``for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages'' and inserting ``for unpaid wages, or unpaid overtime compensation, as well as interest and liquidated damages,''; (2) in section 6(d)(3) (29 U.S.C. 206(d)(3)), by striking ``minimum''; (3) in section 16 (29 U.S.C. 216)-- (A) in subsection (b)-- (i) by striking ``section 6 or section 7'' each place it appears and inserting ``section 6, 7, or 8''; (ii) by striking ``minimum'' each place it appears; (iii) in the first sentence, by striking ``and in an additional equal amount as liquidated damages'' and inserting ``the amount of any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the second sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation''; (iv) in the second sentence, by striking ``wages lost and an additional equal amount as liquidated damages'' and inserting ``wages lost, including any unpaid wages or any unpaid overtime compensation, the amount of any interest on such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost''; (v) by striking the fifth sentence; and (vi) by adding at the end the following: ``Notwithstanding chapter 1 of title 9, United States Code (commonly known as the `Federal Arbitration Act'), or any other law, the right to bring an action, including a joint, class, or collective claim, in court under this section cannot be waived by an employee as a condition of employment or in a pre-dispute arbitration agreement.''; and (B) in subsection (c)-- (i) by striking ``minimum'' each place the term appears; (ii) in the first sentence-- (I) by striking ``section 6 or 7'' and inserting ``section 6, 7, or 8''; and (II) by striking ``and an additional equal amount as liquidated damages'' and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation''; (iii) in the second sentence, by striking ``and an equal amount as liquidated damages.'' and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. In the event that the employer violates section 15(a)(3), the Secretary may bring an action in any court of competent jurisdiction to recover the amount of any wages lost, including any unpaid wages or any unpaid overtime compensation, any interest on such wages lost accrued at the prevailing rate, an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost, and any such legal or equitable relief as may be appropriate.''; and (iv) in the third sentence, by striking ``sections 6 and 7'' and inserting ``section 6, 7, or 8''; and (4) in section 17 (29 U.S.C. 217), by striking ``minimum''. (c) Civil Fines.--Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2)(A) Subject to subparagraph (B), any person who violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $22,030 per each employee affected for each initial violation of such section. ``(B) Any person who repeatedly or willfully violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $110,150 per each employee affected for each such violation. ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b).''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ``(4) Any person who violates section 11(c) shall-- ``(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and ``(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.''. (d) Criminal Penalties.--Section 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amended-- (1) by striking ``Any person'' and inserting ``(1) Any person''; (2) in the first sentence, by striking ``$10,000'' and inserting ``$10,000 per each employee affected''; (3) in the second sentence, by striking ``No person'' and inserting ``Subject to paragraph (2), no person''; and (4) by adding at the end the following: ``(2)(A) Notwithstanding any other provision of this Act, the Secretary shall refer any case involving a covered offender described in subparagraph (B) to the Department of Justice for prosecution. ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. ``(ii) Section 6, 7, or 8, relating to wages. ``(iii) Section 15(a)(3).''. SEC. 104. RECORDKEEPING. (a) In General.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request.''. (b) Rebuttable Presumption.--Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended by adding at the end the following: ``(c) In the event that an employer violates section 11(c) and any regulations issued pursuant to such section, resulting in a lack of a complete record of an employee's hours worked or wages owed, the employee's production of credible evidence and testimony regarding the amount or extent of the work for which the employee was not compensated in compliance with the requirements under this Act shall be sufficient to create a rebuttable presumption that the employee's records are accurate. Such presumption shall be rebutted only if the employer produces evidence of the precise amount or extent of work performed or evidence to show that the inference drawn from the employee's evidence is not reasonable.''. TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947 SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITATIONS. Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended-- (1) in the matter preceding paragraph (a), by striking ``minimum''; (2) in paragraph (a)-- (A) by striking ``may be commenced within two years'' and inserting ``may be commenced within 4 years''; (B) by striking ``unless commenced within two years'' and inserting ``unless commenced within 4 years''; and (C) by striking ``may be commenced within three years'' and inserting ``may be commenced within 5 years''; (3) in paragraph (d), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(e) with respect to the running of any statutory period of limitation described in this section, the running of such statutory period shall be deemed suspended during the period beginning on the date on which the Secretary of Labor notifies an employer of an initiation of an investigation or enforcement action and ending on the date on which the Secretary notifies the employer that the matter has been officially resolved by the Secretary.''. TITLE III--WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM SEC. 301. DEFINITIONS. In this title: (1) Community partner.--The term ``community partner'' means any stakeholder with a commitment to enforcing wage and hour laws and preventing abuses of such laws, including any-- (A) State department of labor; (B) attorney general of a State, or other similar authorized official of a political subdivision thereof; (C) law enforcement agency; (D) consulate; (E) employee or advocate of employees, including a labor organization, community-based organization, faith-based organization, business association, or nonprofit legal aid organization; (F) academic institution that plans, coordinates, and implements programs and activities to prevent wage and hour violations and recover unpaid wages, damages, and penalties; or (G) any municipal agency responsible for the enforcement of local wage and hour laws. (2) Community partnership.--The term ``community partnership'' means a partnership between-- (A) a working group consisting of community partners; and (B) the Department of Labor. (3) Eligible entity.--The term ``eligible entity'' means an entity that is any of the following: (A) A nonprofit organization, including such an organization that is a community-based organization, faith-based organization, or labor organization, that provides services and support to employees, including assisting such employees in recovering unpaid wages. (B) An employer. (C) A business association. (D) An institution of higher education, as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (E) A partnership between any of the entities described in subparagraphs (A) through (D). (4) Employ; employee; employer.--The terms ``employ'', ``employee'', and ``employer'' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Wage and hour law.--The term ``wage and hour law'' means any Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. (7) Wage and hour violation.--The term ``wage and hour violation'' refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. SEC. 302. WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM. (a) In General.--The Secretary shall provide grants to eligible entities to assist amployees and employers. (b) Grants.--A grant provided under this section shall be designed to-- (1) support an eligible entity in establishing and supporting the activities described in subsection (c)(1); and (2) develop community partnerships to expand and improve cooperative efforts to-- (A) prevent and reduce wage and hour violations; (B) assist employees in recovering back pay for any such violations; and (C) assist employers in complying with wage and hour laws. (c) Use of Funds.--The grants described in this section shall assist eligible entities in establishing and supporting activities that include-- (1) disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws; (2) conducting educational and compliance training for employers about their obligations under wage and hour laws; (3) providing assistance to employees in filing claims of wage and hour violations; and (4) any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking. (d) Term of Grants.--Each grant made under this section shall be available for expenditure for a period that is not to exceed 3 years. (e) Applications.-- (1) In general.--An eligible entity seeking a grant under this section shall submit an application for such grant to the Secretary in accordance with this subsection. (2) Partnerships.--In the case of an eligible entity that is a partnership described in section 301(4)(E), the eligible entity may submit a joint application that designates a single entity as the lead entity for purposes of receiving and disbursing funds. (3) Contents.--An application under this subsection shall include-- (A) a description of a plan for the program 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; (B) information on the prevalence of wage and hour violations in each community or State the eligible entity proposes to serve; (C) information on any industry or geographic area targeted by the plan for such program; (D) information on the type of outreach and relationship building that will be conducted under such program; (E) information on the training and education that will be provided to employees and employers under such program; and (F) any additional information the Secretary deems relevant. (f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). (2) Priority.--In selecting grant recipients under paragraph (1), the Secretary shall give priority to eligible entities that-- (A) serve employees or employers in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations, as identified by the Secretary; and (B) demonstrate past and ongoing work to prevent wage and hour violations or to recover unpaid wages. (g) Memoranda of Understanding.-- (1) In general.--Not later than 60 days after receiving notification of selection for a grant under this section, the grant recipient 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 such recipient through a community partnership. (2) Signatures.--A representative of the grant recipient (or, in the case of a grant recipient that is an eligible entity described in section 301(4)(E), a representative of each entity that composes the grant recipient) and the Secretary shall sign the memorandum of understanding under this subsection. (3) Revisions.--The memorandum of understanding under this subsection shall be reviewed and revised by the grant recipient and the Secretary each year for the duration of the grant. (h) Performance Evaluations.--The Secretary shall develop guidelines for evaluating the activities of each program or project funded under this section. (i) Revocation or Suspension of Funding.--If the Secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection (g), the Secretary may revoke or suspend (in whole or in part) the funding of the grant. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. TITLE IV--RELATION TO OTHER LAWS, REGULATIONS, AND EFFECTIVE DATE SEC. 401. RELATION TO OTHER LAWS. (a) In General.--Section 18(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218(a)) is amended by adding at the end the following: ``The requirements of section 5 shall not preempt or supercede any requirement under State or local law that an employer disclose the rate, frequency, or classification of pay at any time during an individual's employ, or that an employer provide regular paystubs or earnings statements to employees, so long as such requirement is at least as comprehensive as the requirements described under such section.''. (b) Assistance to Employers.--The Secretary of Labor shall provide such assistance to employers operating in more than one State as may be necessary to ensure compliance with the amendments made by this Act. SEC. 402. REGULATIONS. Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 403. EFFECTIVE DATE. The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act. Union Calendar No. 388 117th CONGRESS 2d Session H. R. 7701 [Report No. 117-540] _______________________________________________________________________

Wage Theft Prevention and Wage Recovery Act of 2022

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes.

Wage Theft Prevention and Wage Recovery Act of 2022 Wage Theft Prevention and Wage Recovery Act

Rep. DeLauro, Rosa L.

D

CT

This bill requires employers to make initial and modified disclosures to employees of the terms of their employment, provide such employees with regular paystubs, and make a final payment to an employee for uncompensated work hours within 14 days of the employee's termination. Employers must also allow employees access to wage records. An employer must compensate an employee at the rate specified in an employment contract, including a collective bargaining agreement, that specifies a rate of pay higher than the minimum wage rate. The bill makes all of such unpaid wages recoverable through civil enforcement. The bill establishes new and increased civil and criminal penalties for violations of overtime or minimum wage requirements, including referral to the Department of Justice for criminal prosecution of employers who engage in wage theft, falsification of wage records, or retaliation against employees. The Wage and Hour Division of the Department of Labor must provide grants to specified organizations, including nonprofits and educational institutions, to support efforts to prevent and reduce violations of wage and hour laws.

REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR PAYSTUBS, AND FINAL PAYMENTS. ``(3) Contents.--Each paystub shall contain all of the following information: ``(A) The name of the employee. ``(D) In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. CIVIL AND CRIMINAL ENFORCEMENT. 215(a)) is amended-- (1) in paragraph (1), by striking ``section 6 or section 7'' and inserting ``section 6, 7, or 8''; and (2) in paragraph (2), by striking ``section 6 or section 7'' and inserting ``section 5, 6, 7, or 8''. and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. 217), by striking ``minimum''. ``(4) Any person who violates section 11(c) shall-- ``(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and ``(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.''. (a) In General.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947 SEC. 301. (3) Eligible entity.--The term ``eligible entity'' means an entity that is any of the following: (A) A nonprofit organization, including such an organization that is a community-based organization, faith-based organization, or labor organization, that provides services and support to employees, including assisting such employees in recovering unpaid wages. (B) An employer. (C) A business association. (E) A partnership between any of the entities described in subparagraphs (A) through (D). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) Wage and hour violation.--The term ``wage and hour violation'' refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM. There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. RELATION TO OTHER LAWS. REGULATIONS. SEC.

REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR PAYSTUBS, AND FINAL PAYMENTS. ``(3) Contents.--Each paystub shall contain all of the following information: ``(A) The name of the employee. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. CIVIL AND CRIMINAL ENFORCEMENT. 215(a)) is amended-- (1) in paragraph (1), by striking ``section 6 or section 7'' and inserting ``section 6, 7, or 8''; and (2) in paragraph (2), by striking ``section 6 or section 7'' and inserting ``section 5, 6, 7, or 8''. and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. ``(4) Any person who violates section 11(c) shall-- ``(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and ``(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.''. (a) In General.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947 SEC. (B) An employer. (E) A partnership between any of the entities described in subparagraphs (A) through (D). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) Wage and hour violation.--The term ``wage and hour violation'' refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM. RELATION TO OTHER LAWS. REGULATIONS. SEC.

101. REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR PAYSTUBS, AND FINAL PAYMENTS. ``(2) Forms.--A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: ``(A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period. ``(3) Contents.--Each paystub shall contain all of the following information: ``(A) The name of the employee. ``(D) In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(L) The name and phone number of a representative of the employer for contact purposes. ``(c) Model Disclosures and Pay Stub.--The Secretary shall prescribe model disclosures and a model pay stub that may be used to satisfy the requirements of subsections (a) and (b), respectively. ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. RIGHT TO FULL COMPENSATION. CIVIL AND CRIMINAL ENFORCEMENT. 215(a)) is amended-- (1) in paragraph (1), by striking ``section 6 or section 7'' and inserting ``section 6, 7, or 8''; and (2) in paragraph (2), by striking ``section 6 or section 7'' and inserting ``section 5, 6, 7, or 8''. and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. 217), by striking ``minimum''. ``(4) Any person who violates section 11(c) shall-- ``(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and ``(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.''. ``(iii) Section 15(a)(3).''. (a) In General.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request.''. Such presumption shall be rebutted only if the employer produces evidence of the precise amount or extent of work performed or evidence to show that the inference drawn from the employee's evidence is not reasonable.''. TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947 SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITATIONS. 301. (3) Eligible entity.--The term ``eligible entity'' means an entity that is any of the following: (A) A nonprofit organization, including such an organization that is a community-based organization, faith-based organization, or labor organization, that provides services and support to employees, including assisting such employees in recovering unpaid wages. (B) An employer. (C) A business association. (E) A partnership between any of the entities described in subparagraphs (A) through (D). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) Wage and hour violation.--The term ``wage and hour violation'' refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM. (g) Memoranda of Understanding.-- (1) In general.--Not later than 60 days after receiving notification of selection for a grant under this section, the grant recipient 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 such recipient through a community partnership. There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. 401. RELATION TO OTHER LAWS. (b) Assistance to Employers.--The Secretary of Labor shall provide such assistance to employers operating in more than one State as may be necessary to ensure compliance with the amendments made by this Act. REGULATIONS. SEC.

101. REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR PAYSTUBS, AND FINAL PAYMENTS. ``(2) Forms.--A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: ``(A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period. ``(3) Contents.--Each paystub shall contain all of the following information: ``(A) The name of the employee. ``(D) In the case of an employee who is paid any salary, the amount of any salary paid during the applicable pay period. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(L) The name and phone number of a representative of the employer for contact purposes. ``(M) Any additional information that the Secretary reasonably requires to be included through notice and comment rulemaking. ``(c) Model Disclosures and Pay Stub.--The Secretary shall prescribe model disclosures and a model pay stub that may be used to satisfy the requirements of subsections (a) and (b), respectively. ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. RIGHT TO FULL COMPENSATION. CIVIL AND CRIMINAL ENFORCEMENT. 215(a)) is amended-- (1) in paragraph (1), by striking ``section 6 or section 7'' and inserting ``section 6, 7, or 8''; and (2) in paragraph (2), by striking ``section 6 or section 7'' and inserting ``section 5, 6, 7, or 8''. and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. 217), by striking ``minimum''. ``(4) Any person who violates section 11(c) shall-- ``(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and ``(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.''. ``(iii) Section 15(a)(3).''. (a) In General.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request.''. Such presumption shall be rebutted only if the employer produces evidence of the precise amount or extent of work performed or evidence to show that the inference drawn from the employee's evidence is not reasonable.''. TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947 SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITATIONS. 255) is amended-- (1) in the matter preceding paragraph (a), by striking ``minimum''; (2) in paragraph (a)-- (A) by striking ``may be commenced within two years'' and inserting ``may be commenced within 4 years''; (B) by striking ``unless commenced within two years'' and inserting ``unless commenced within 4 years''; and (C) by striking ``may be commenced within three years'' and inserting ``may be commenced within 5 years''; (3) in paragraph (d), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(e) with respect to the running of any statutory period of limitation described in this section, the running of such statutory period shall be deemed suspended during the period beginning on the date on which the Secretary of Labor notifies an employer of an initiation of an investigation or enforcement action and ending on the date on which the Secretary notifies the employer that the matter has been officially resolved by the Secretary.''. 301. (3) Eligible entity.--The term ``eligible entity'' means an entity that is any of the following: (A) A nonprofit organization, including such an organization that is a community-based organization, faith-based organization, or labor organization, that provides services and support to employees, including assisting such employees in recovering unpaid wages. (B) An employer. (C) A business association. (D) An institution of higher education, as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. (E) A partnership between any of the entities described in subparagraphs (A) through (D). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) Wage and hour violation.--The term ``wage and hour violation'' refers to any violation of a Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM. (f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). (g) Memoranda of Understanding.-- (1) In general.--Not later than 60 days after receiving notification of selection for a grant under this section, the grant recipient 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 such recipient through a community partnership. There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. 401. RELATION TO OTHER LAWS. (b) Assistance to Employers.--The Secretary of Labor shall provide such assistance to employers operating in more than one State as may be necessary to ensure compliance with the amendments made by this Act. REGULATIONS. SEC. 388 117th CONGRESS 2d Session H. R. 7701 [Report No.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(a) Disclosures.-- ``(1) Initial disclosures.--Not later than 15 days after the date on which an employer hires an employee who 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, the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph (3). Such initial disclosure shall be-- ``(A) provided as a written statement or, if the employee so chooses, as a digital document provided through electronic communication; and ``(B) made available in the employee's primary language. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(b) Paystubs.-- ``(1) In general.--Every employer shall provide each employee of such employer who 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, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph (3) in any form provided under paragraph (2). ``(2) Forms.--A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: ``(A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period. ``(C) The total gross and net wages paid, and, except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period. ``(E) In the case of an employee employed at piece rates, the number of piece rate units earned, the applicable piece rates, and the total amount paid to the employee per workweek for the applicable pay period in accordance with such piece rates. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(L) The name and phone number of a representative of the employer for contact purposes. ``(2) Continuing wages.--An employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer. ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), an individual described in paragraph (4) shall not be entitled to the compensation described under paragraph (2) if the employer successfully demonstrates that-- ``(A) the employer made a good-faith effort to provide the final payment described in paragraph (1); and ``(B) the individual refused or otherwise intentionally avoided receiving such final payment. ``(a) In General.--In the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in subsection (b)) at a rate that is higher than the rate otherwise required under this Act, the employer shall compensate such employee at the rate specified in such contract or other employment agreement. b) Conforming Amendment.--The Fair Labor Standards Act of 1938 is amended by repealing section 10 (29 U.S.C. 210). 204(f)), in the third sentence, by striking ``for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages'' and inserting ``for unpaid wages, or unpaid overtime compensation, as well as interest and liquidated damages,''; (2) in section 6(d)(3) (29 U.S.C. 206(d)(3)), by striking ``minimum''; (3) in section 16 (29 U.S.C. and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. In the event that the employer violates section 15(a)(3), the Secretary may bring an action in any court of competent jurisdiction to recover the amount of any wages lost, including any unpaid wages or any unpaid overtime compensation, any interest on such wages lost accrued at the prevailing rate, an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost, and any such legal or equitable relief as may be appropriate. ''; and (iv) in the third sentence, by striking ``sections 6 and 7'' and inserting ``section 6, 7, or 8''; and (4) in section 17 (29 U.S.C. 217), by striking ``minimum''. ( ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b). ''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ``(4) Any person who violates section 11(c) shall-- ``(A) for the initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and ``(B) for each repeated or willful violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected.''. ( ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. a) In General.--Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. 215) is amended by adding at the end the following: ``(c) In the event that an employer violates section 11(c) and any regulations issued pursuant to such section, resulting in a lack of a complete record of an employee's hours worked or wages owed, the employee's production of credible evidence and testimony regarding the amount or extent of the work for which the employee was not compensated in compliance with the requirements under this Act shall be sufficient to create a rebuttable presumption that the employee's records are accurate. TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947 SEC. TITLE III--WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM SEC. 2) Community partnership.--The term ``community partnership'' means a partnership between-- (A) a working group consisting of community partners; and (B) the Department of Labor. ( E) A partnership between any of the entities described in subparagraphs (A) through (D). (4) Employ; employee; employer.--The terms ``employ'', ``employee'', and ``employer'' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ( 6) Wage and hour law.--The term ``wage and hour law'' means any Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. ( (c) Use of Funds.--The grants described in this section shall assist eligible entities in establishing and supporting activities that include-- (1) disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws; (2) conducting educational and compliance training for employers about their obligations under wage and hour laws; (3) providing assistance to employees in filing claims of wage and hour violations; and (4) any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking. ( e) Applications.-- (1) In general.--An eligible entity seeking a grant under this section shall submit an application for such grant to the Secretary in accordance with this subsection. ( f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( 2) Priority.--In selecting grant recipients under paragraph (1), the Secretary shall give priority to eligible entities that-- (A) serve employees or employers in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations, as identified by the Secretary; and (B) demonstrate past and ongoing work to prevent wage and hour violations or to recover unpaid wages. (g) Memoranda of Understanding.-- (1) In general.--Not later than 60 days after receiving notification of selection for a grant under this section, the grant recipient 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 such recipient through a community partnership. ( i) Revocation or Suspension of Funding.--If the Secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection (g), the Secretary may revoke or suspend (in whole or in part) the funding of the grant. There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. a) In General.--Section 18(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218(a)) is amended by adding at the end the following: ``The requirements of section 5 shall not preempt or supercede any requirement under State or local law that an employer disclose the rate, frequency, or classification of pay at any time during an individual's employ, or that an employer provide regular paystubs or earnings statements to employees, so long as such requirement is at least as comprehensive as the requirements described under such section.''. ( The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act. 388 117th CONGRESS 2d Session H. R. 7701 [Report No.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(b) Paystubs.-- ``(1) In general.--Every employer shall provide each employee of such employer who 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, a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph (3) in any form provided under paragraph (2). ``(2) Forms.--A paystub required under this subsection shall be a written statement and may be provided in any of the following forms: ``(A) As a separate document accompanying any payment to an employee for work performed during the applicable pay period. ``(C) The total gross and net wages paid, and, except in the case of an employee who is exclusively paid a salary and is exempt from the overtime requirements of section 7, the rate of pay for each hour worked during the applicable pay period. ``(G) The number of overtime hours per workweek worked by the employee during the applicable pay period and the compensation required under section 7 that is provided to the employee for such hours. ``(J) The date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period. ``(c) Model Disclosures and Pay Stub.--The Secretary shall prescribe model disclosures and a model pay stub that may be used to satisfy the requirements of subsections (a) and (b), respectively. ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. RIGHT TO FULL COMPENSATION. ( is amended-- (1) in section 4(f) (29 U.S.C. 204(f)), in the third sentence, by striking ``for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages'' and inserting ``for unpaid wages, or unpaid overtime compensation, as well as interest and liquidated damages,''; (2) in section 6(d)(3) (29 U.S.C. and inserting ``, any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation. ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b). ''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. TITLE III--WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM SEC. 2) Community partnership.--The term ``community partnership'' means a partnership between-- (A) a working group consisting of community partners; and (B) the Department of Labor. ( (D) An institution of higher education, as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ( 6) Wage and hour law.--The term ``wage and hour law'' means any Federal law enforced by the Wage and Hour Division of the Department of Labor, including any provision of this Act enforced by such division. ( a) In General.--The Secretary shall provide grants to eligible entities to assist amployees and employers. ( (e) Applications.-- (1) In general.--An eligible entity seeking a grant under this section shall submit an application for such grant to the Secretary in accordance with this subsection. ( f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( (2) Signatures.--A representative of the grant recipient (or, in the case of a grant recipient that is an eligible entity described in section 301(4)(E), a representative of each entity that composes the grant recipient) and the Secretary shall sign the memorandum of understanding under this subsection. ( i) Revocation or Suspension of Funding.--If the Secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection (g), the Secretary may revoke or suspend (in whole or in part) the funding of the grant. Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(2) Continuing wages.--An employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer. ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), an individual described in paragraph (4) shall not be entitled to the compensation described under paragraph (2) if the employer successfully demonstrates that-- ``(A) the employer made a good-faith effort to provide the final payment described in paragraph (1); and ``(B) the individual refused or otherwise intentionally avoided receiving such final payment. ( ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b). ''; ( 2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ( 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. a) In General.--Section 18(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218(a)) is amended by adding at the end the following: ``The requirements of section 5 shall not preempt or supercede any requirement under State or local law that an employer disclose the rate, frequency, or classification of pay at any time during an individual's employ, or that an employer provide regular paystubs or earnings statements to employees, so long as such requirement is at least as comprehensive as the requirements described under such section.''. (

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(2) Continuing wages.--An employer who violates the requirement under paragraph (1) shall, for each day, not to exceed 30 days, of such violation provide the individual described in paragraph (4) with compensation at a rate that is equal to the regular rate of compensation, as determined under this Act, to which such individual was entitled when such individual was an employee of such employer. ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), an individual described in paragraph (4) shall not be entitled to the compensation described under paragraph (2) if the employer successfully demonstrates that-- ``(A) the employer made a good-faith effort to provide the final payment described in paragraph (1); and ``(B) the individual refused or otherwise intentionally avoided receiving such final payment. ( ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b). ''; ( 2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ( 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302. a) In General.--Section 18(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218(a)) is amended by adding at the end the following: ``The requirements of section 5 shall not preempt or supercede any requirement under State or local law that an employer disclose the rate, frequency, or classification of pay at any time during an individual's employ, or that an employer provide regular paystubs or earnings statements to employees, so long as such requirement is at least as comprehensive as the requirements described under such section.''. (

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(2) Modification disclosures.--Not later than the earlier of 5 days after the date on which any of the information described in paragraph (3) changes with respect to an employee described in paragraph (1) or the date of the next paystub following the date on which such information changes, the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph (3). ``(4) Individual.--An individual described in this paragraph is an individual who was employed by the employer, and through such employment, in any workweek, was engaged in commerce or in the production of goods for commerce, or was employed in an enterprise engaged in commerce or in the production of goods for commerce.''. ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. 211(c)) is amended by adding at the end the following: ``In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( Not later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), an individual described in paragraph (4) shall not be entitled to the compensation described under paragraph (2) if the employer successfully demonstrates that-- ``(A) the employer made a good-faith effort to provide the final payment described in paragraph (1); and ``(B) the individual refused or otherwise intentionally avoided receiving such final payment. ( ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b). ''; ( 2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ( f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following: ``(i) Section 11(c) by falsifying any records described in such section. The amendments made by titles I and II shall take effect on the date that is the earlier of-- (1) the date that is 6 months after the date on which the final regulations are promulgated by the Secretary of Labor under section 401; or (2) the date that is 18 months after the date of enactment of this Act.

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes. ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), an individual described in paragraph (4) shall not be entitled to the compensation described under paragraph (2) if the employer successfully demonstrates that-- ``(A) the employer made a good-faith effort to provide the final payment described in paragraph (1); and ``(B) the individual refused or otherwise intentionally avoided receiving such final payment. ( ``(C) Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of wages lost, as described in subsection (b). ''; ( 2) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Any person who violates subsection (a) or (b) of section 5 shall-- ``(A) for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and ``(B) for each repeated or willful violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. ( f) Selection.-- (1) Competitive basis.--In accordance with this subsection, the Secretary shall, on a competitive basis, select grant recipients from among eligible entities that have submitted an application under subsection (e). ( ( There is authorized to be appropriated $50,000,000 for fiscal year 2023 and for each subsequent fiscal year through fiscal year 2026, to remain available until expended, to carry out the grant program under section 302.

11,266

7,952

H.R.1487

Commerce

Microloan Transparency and Accountability Act of 2021 This bill modifies reporting requirements related to the Small Business Administration's (SBA) disbursement of certain financial assistance. Specifically, the bill requires the SBA to report certain metrics related to the disbursement of microloans to small businesses, including (1) the number, amount, and percentage of such loans that went into default in the previous year; (2) the extent to which microloans are provided to small businesses in rural areas; and (3) the average size, rate of interest, and amount of fees charged for each microloan.

To amend the Small Business Act to increase transparency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. SEC. 2. PORTFOLIO RISK ANALYSIS OF MICROLOANS. Section 7(m)(10) of the Small Business Act (15 U.S.C. 636(m)(10)) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and adjusting the margins accordingly; (2) by amending clause (iv), as so redesignated, to read as follows: ``(vi) the number, amount, and percentage of microloans made by intermediaries to small business concerns-- ``(I) that went into default in the previous year; and ``(II) that were charged off in the previous year by such intermediaries;''; (3) in clause (vi), as so redesignated, by striking ``and'' at the end; (4) by redesignating subparagraph (G) as clause (xviii), and adjusting the margin accordingly; (5) by striking ``On November 1, 1995,'' and all that follows through ``the following:'' and inserting the following: ``(A) In general.--Beginning on February 1, 2022, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make available to the public on the website of the Administration, a report on the effectiveness of the microloan program during the fiscal year preceding the date of the report. Such report shall include--''; (6) in subparagraph (A), as so designated, by inserting after clause (vi) the following new clauses: ``(vii) the number and type of enforcement actions taken by the Administrator against noncompliant intermediaries; ``(viii) an analysis of compliance by intermediaries with the credit availability requirements of paragraph (3)(E) for loans in an amount greater than $20,000; ``(ix) the extent to which microloans are provided to small business concerns in rural areas; ``(x) the number of underserved borrowers, as defined by the Administration, participating in the microloan program; ``(xi) the average rate of interest for each microloan; ``(xii) the average amount of fees charged for each microloan; ``(xiii) the average size of each microloan, including-- ``(I) the number of loans made in an amount greater than $20,000; and ``(II) the average size and charge- off rate of such loans; ``(xiv) the subsidy cost to the Administration; ``(xv) the number and percentage of microloans that were made to refinance other loans; ``(xvi) the number and percentage of microloans made to new program participants and the number and percentage of microloans made to previous program participants; ``(xvii) the average amount of technical assistance grant monies spent on each loan; and''; and (7) by adding at the end the following: ``(B) Privacy.--Each report submitted under subparagraph (A) shall not contain any personally identifiable information of any borrower.''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Microloan Transparency and Accountability Act of 2021

To amend the Small Business Act to increase transparency, and for other purposes.

Microloan Transparency and Accountability Act of 2021 Microloan Transparency and Accountability Act of 2021 Microloan Transparency and Accountability Act of 2021

Rep. Burchett, Tim

R

TN

This bill modifies reporting requirements related to the Small Business Administration's (SBA) disbursement of certain financial assistance. Specifically, the bill requires the SBA to report certain metrics related to the disbursement of microloans to small businesses, including (1) the number, amount, and percentage of such loans that went into default in the previous year; (2) the extent to which microloans are provided to small businesses in rural areas; and (3) the average size, rate of interest, and amount of fees charged for each microloan.

To amend the Small Business Act to increase transparency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. SEC. 2. PORTFOLIO RISK ANALYSIS OF MICROLOANS. Section 7(m)(10) of the Small Business Act (15 U.S.C. 636(m)(10)) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and adjusting the margins accordingly; (2) by amending clause (iv), as so redesignated, to read as follows: ``(vi) the number, amount, and percentage of microloans made by intermediaries to small business concerns-- ``(I) that went into default in the previous year; and ``(II) that were charged off in the previous year by such intermediaries;''; (3) in clause (vi), as so redesignated, by striking ``and'' at the end; (4) by redesignating subparagraph (G) as clause (xviii), and adjusting the margin accordingly; (5) by striking ``On November 1, 1995,'' and all that follows through ``the following:'' and inserting the following: ``(A) In general.--Beginning on February 1, 2022, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make available to the public on the website of the Administration, a report on the effectiveness of the microloan program during the fiscal year preceding the date of the report. Such report shall include--''; (6) in subparagraph (A), as so designated, by inserting after clause (vi) the following new clauses: ``(vii) the number and type of enforcement actions taken by the Administrator against noncompliant intermediaries; ``(viii) an analysis of compliance by intermediaries with the credit availability requirements of paragraph (3)(E) for loans in an amount greater than $20,000; ``(ix) the extent to which microloans are provided to small business concerns in rural areas; ``(x) the number of underserved borrowers, as defined by the Administration, participating in the microloan program; ``(xi) the average rate of interest for each microloan; ``(xii) the average amount of fees charged for each microloan; ``(xiii) the average size of each microloan, including-- ``(I) the number of loans made in an amount greater than $20,000; and ``(II) the average size and charge- off rate of such loans; ``(xiv) the subsidy cost to the Administration; ``(xv) the number and percentage of microloans that were made to refinance other loans; ``(xvi) the number and percentage of microloans made to new program participants and the number and percentage of microloans made to previous program participants; ``(xvii) the average amount of technical assistance grant monies spent on each loan; and''; and (7) by adding at the end the following: ``(B) Privacy.--Each report submitted under subparagraph (A) shall not contain any personally identifiable information of any borrower.''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. Such report shall include--''; (6) in subparagraph (A), as so designated, by inserting after clause (vi) the following new clauses: ``(vii) the number and type of enforcement actions taken by the Administrator against noncompliant intermediaries; ``(viii) an analysis of compliance by intermediaries with the credit availability requirements of paragraph (3)(E) for loans in an amount greater than $20,000; ``(ix) the extent to which microloans are provided to small business concerns in rural areas; ``(x) the number of underserved borrowers, as defined by the Administration, participating in the microloan program; ``(xi) the average rate of interest for each microloan; ``(xii) the average amount of fees charged for each microloan; ``(xiii) the average size of each microloan, including-- ``(I) the number of loans made in an amount greater than $20,000; and ``(II) the average size and charge- off rate of such loans; ``(xiv) the subsidy cost to the Administration; ``(xv) the number and percentage of microloans that were made to refinance other loans; ``(xvi) the number and percentage of microloans made to new program participants and the number and percentage of microloans made to previous program participants; ``(xvii) the average amount of technical assistance grant monies spent on each loan; and''; and (7) by adding at the end the following: ``(B) Privacy.--Each report submitted under subparagraph (A) shall not contain any personally identifiable information of any borrower.''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. SEC. 2. PORTFOLIO RISK ANALYSIS OF MICROLOANS. Section 7(m)(10) of the Small Business Act (15 U.S.C. 636(m)(10)) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and adjusting the margins accordingly; (2) by amending clause (iv), as so redesignated, to read as follows: ``(vi) the number, amount, and percentage of microloans made by intermediaries to small business concerns-- ``(I) that went into default in the previous year; and ``(II) that were charged off in the previous year by such intermediaries;''; (3) in clause (vi), as so redesignated, by striking ``and'' at the end; (4) by redesignating subparagraph (G) as clause (xviii), and adjusting the margin accordingly; (5) by striking ``On November 1, 1995,'' and all that follows through ``the following:'' and inserting the following: ``(A) In general.--Beginning on February 1, 2022, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make available to the public on the website of the Administration, a report on the effectiveness of the microloan program during the fiscal year preceding the date of the report. Such report shall include--''; (6) in subparagraph (A), as so designated, by inserting after clause (vi) the following new clauses: ``(vii) the number and type of enforcement actions taken by the Administrator against noncompliant intermediaries; ``(viii) an analysis of compliance by intermediaries with the credit availability requirements of paragraph (3)(E) for loans in an amount greater than $20,000; ``(ix) the extent to which microloans are provided to small business concerns in rural areas; ``(x) the number of underserved borrowers, as defined by the Administration, participating in the microloan program; ``(xi) the average rate of interest for each microloan; ``(xii) the average amount of fees charged for each microloan; ``(xiii) the average size of each microloan, including-- ``(I) the number of loans made in an amount greater than $20,000; and ``(II) the average size and charge- off rate of such loans; ``(xiv) the subsidy cost to the Administration; ``(xv) the number and percentage of microloans that were made to refinance other loans; ``(xvi) the number and percentage of microloans made to new program participants and the number and percentage of microloans made to previous program participants; ``(xvii) the average amount of technical assistance grant monies spent on each loan; and''; and (7) by adding at the end the following: ``(B) Privacy.--Each report submitted under subparagraph (A) shall not contain any personally identifiable information of any borrower.''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Section 7(m)(10) of the Small Business Act (15 U.S.C. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Section 7(m)(10) of the Small Business Act (15 U.S.C. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Section 7(m)(10) of the Small Business Act (15 U.S.C. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Section 7(m)(10) of the Small Business Act (15 U.S.C. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. This Act may be cited as the ``Microloan Transparency and Accountability Act of 2021''. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Small Business Act to increase transparency, and for other purposes. Section 7(m)(10) of the Small Business Act (15 U.S.C. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

11,267

8,353

H.R.7197

Environmental Protection

Armed Forces Endangered Species Exemption Act This bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related purposes. Specifically, the bill establishes exemptions from the ESA for (1) operations related to national defense, and (2) military personnel engaged in such operations. For example, the bill allows such personnel to take (e.g., harm or kill) endangered or threatened species. In addition, the bill expands restrictions on the Department of the Interior designating defense-related areas as critical habitat. It also exempts the Department of Defense from certain requirements to consult with Interior about critical habitats.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. SEC. 2. EXCLUSION OF MILITARY INSTITUTIONS AS CRITICAL HABITAT. Section 4(a)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(B)) are amended to read as follows: ``(i) The Secretary shall not designate as critical habitat-- ``(I) any military installation or a State-owned National Guard installation, or any portion thereof, as such terms are defined in section 100 of the Sikes Act (16 U.S.C. 670); or ``(II) any other lands, waters, or geographical area not described in clause (i) that is otherwise designated for use by the Secretary of Defense including by any contractor of the Department of Defense, if the Secretary of Defense determines in writing and submitted to the Secretary of the Interior that such area is necessary for military training, weapons testing, or any other reason determined appropriate by such Secretary of Defense. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. SEC. 3. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following new subsection: ``(h) Exclusion for National Defense-Related Operations.-- ``(1) Exclusions.--The prohibitions under section 9 shall not apply with respect to-- ``(A) the taking of any endangered species or threatened species, or the importation or exportation of any such species taken as prohibited by such section, by military personnel engaged in a national defense-related operation; ``(B) damaging or destroying any threatened or endangered species, or removing, cutting, digging up, damaging, or destroying any such species, by military personnel engaged in a national defense-related operation; or ``(C) an injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation, regardless of whether the operation is conducted on a military installation or other area described in section 4(a)(3)(B)(i). ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `national defense-related operation' means-- ``(i) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; ``(ii) the training of members of the Armed Forces in the use and handling of military munitions, other ordnance, and weapons systems; ``(iii) general training and military preparedness; or ``(iv) any action or duty that the Secretary of Defense deems necessary to support the Department of Defense in its mission; and ``(B) the term `military personnel' means-- ``(i) a member of the Armed Forces; and ``(ii) a civilian employee or contractor (including a subcontractor at any tier) of the-- ``(I) Department of Defense (including a nonappropriated fund instrumentality of the Department); or ``(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas.''. <all>

Armed Forces Endangered Species Exemption Act

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes.

Armed Forces Endangered Species Exemption Act

Rep. Biggs, Andy

R

AZ

This bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related purposes. Specifically, the bill establishes exemptions from the ESA for (1) operations related to national defense, and (2) military personnel engaged in such operations. For example, the bill allows such personnel to take (e.g., harm or kill) endangered or threatened species. In addition, the bill expands restrictions on the Department of the Interior designating defense-related areas as critical habitat. It also exempts the Department of Defense from certain requirements to consult with Interior about critical habitats.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. EXCLUSION OF MILITARY INSTITUTIONS AS CRITICAL HABITAT. Section 4(a)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(B)) are amended to read as follows: ``(i) The Secretary shall not designate as critical habitat-- ``(I) any military installation or a State-owned National Guard installation, or any portion thereof, as such terms are defined in section 100 of the Sikes Act (16 U.S.C. 670); or ``(II) any other lands, waters, or geographical area not described in clause (i) that is otherwise designated for use by the Secretary of Defense including by any contractor of the Department of Defense, if the Secretary of Defense determines in writing and submitted to the Secretary of the Interior that such area is necessary for military training, weapons testing, or any other reason determined appropriate by such Secretary of Defense. 670a).''. SEC. 3. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS. 1539) is amended by adding at the end the following new subsection: ``(h) Exclusion for National Defense-Related Operations.-- ``(1) Exclusions.--The prohibitions under section 9 shall not apply with respect to-- ``(A) the taking of any endangered species or threatened species, or the importation or exportation of any such species taken as prohibited by such section, by military personnel engaged in a national defense-related operation; ``(B) damaging or destroying any threatened or endangered species, or removing, cutting, digging up, damaging, or destroying any such species, by military personnel engaged in a national defense-related operation; or ``(C) an injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation, regardless of whether the operation is conducted on a military installation or other area described in section 4(a)(3)(B)(i). ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `national defense-related operation' means-- ``(i) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; ``(ii) the training of members of the Armed Forces in the use and handling of military munitions, other ordnance, and weapons systems; ``(iii) general training and military preparedness; or ``(iv) any action or duty that the Secretary of Defense deems necessary to support the Department of Defense in its mission; and ``(B) the term `military personnel' means-- ``(i) a member of the Armed Forces; and ``(ii) a civilian employee or contractor (including a subcontractor at any tier) of the-- ``(I) Department of Defense (including a nonappropriated fund instrumentality of the Department); or ``(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. EXCLUSION OF MILITARY INSTITUTIONS AS CRITICAL HABITAT. Section 4(a)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(B)) are amended to read as follows: ``(i) The Secretary shall not designate as critical habitat-- ``(I) any military installation or a State-owned National Guard installation, or any portion thereof, as such terms are defined in section 100 of the Sikes Act (16 U.S.C. 670); or ``(II) any other lands, waters, or geographical area not described in clause (i) that is otherwise designated for use by the Secretary of Defense including by any contractor of the Department of Defense, if the Secretary of Defense determines in writing and submitted to the Secretary of the Interior that such area is necessary for military training, weapons testing, or any other reason determined appropriate by such Secretary of Defense. 670a).''. SEC. 3. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS. ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `national defense-related operation' means-- ``(i) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; ``(ii) the training of members of the Armed Forces in the use and handling of military munitions, other ordnance, and weapons systems; ``(iii) general training and military preparedness; or ``(iv) any action or duty that the Secretary of Defense deems necessary to support the Department of Defense in its mission; and ``(B) the term `military personnel' means-- ``(i) a member of the Armed Forces; and ``(ii) a civilian employee or contractor (including a subcontractor at any tier) of the-- ``(I) Department of Defense (including a nonappropriated fund instrumentality of the Department); or ``(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas.''.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. SEC. 2. EXCLUSION OF MILITARY INSTITUTIONS AS CRITICAL HABITAT. Section 4(a)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(B)) are amended to read as follows: ``(i) The Secretary shall not designate as critical habitat-- ``(I) any military installation or a State-owned National Guard installation, or any portion thereof, as such terms are defined in section 100 of the Sikes Act (16 U.S.C. 670); or ``(II) any other lands, waters, or geographical area not described in clause (i) that is otherwise designated for use by the Secretary of Defense including by any contractor of the Department of Defense, if the Secretary of Defense determines in writing and submitted to the Secretary of the Interior that such area is necessary for military training, weapons testing, or any other reason determined appropriate by such Secretary of Defense. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. SEC. 3. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following new subsection: ``(h) Exclusion for National Defense-Related Operations.-- ``(1) Exclusions.--The prohibitions under section 9 shall not apply with respect to-- ``(A) the taking of any endangered species or threatened species, or the importation or exportation of any such species taken as prohibited by such section, by military personnel engaged in a national defense-related operation; ``(B) damaging or destroying any threatened or endangered species, or removing, cutting, digging up, damaging, or destroying any such species, by military personnel engaged in a national defense-related operation; or ``(C) an injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation, regardless of whether the operation is conducted on a military installation or other area described in section 4(a)(3)(B)(i). ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `national defense-related operation' means-- ``(i) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; ``(ii) the training of members of the Armed Forces in the use and handling of military munitions, other ordnance, and weapons systems; ``(iii) general training and military preparedness; or ``(iv) any action or duty that the Secretary of Defense deems necessary to support the Department of Defense in its mission; and ``(B) the term `military personnel' means-- ``(i) a member of the Armed Forces; and ``(ii) a civilian employee or contractor (including a subcontractor at any tier) of the-- ``(I) Department of Defense (including a nonappropriated fund instrumentality of the Department); or ``(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas.''. <all>

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''.

To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitats for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a).''. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM THE ENDANGERED SPECIES ACT FOR DEFENSE-RELATED OPERATIONS.

11,268

6,975

H.R.1510

Armed Forces and National Security

This bill requires the Department of Veterans Affairs (VA) to report on its policies and procedures relating to the usage and maintenance of video cameras for patient safety and law enforcement at VA medical facilities.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. <<NOTE: Nov. 23, 2021 - [H.R. 1510]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORT ON USE OF CAMERAS IN MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Office of Operations, Security, and Preparedness of the Department of Veterans Affairs, the Veterans Health Administration, and the Office of Construction and Facilities Management of the Department, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report analyzing the policies, use, and maintenance of cameras deployed by the Department for patient safety and law enforcement at medical facilities of the Department. (b) Elements.--The report required by subsection (a) shall include the following: (1) <<NOTE: Review. Analysis.>> A comprehensive review of the policies and procedures of the Department regarding the use and maintenance of cameras with respect to the following: (A) Patient safety, including-- (i) an analysis of how cameras are used to monitor staff and patients; (ii) an analysis of the specific units within medical facilities in which the use of cameras is prioritized to protect patient safety; (iii) an analysis of the procedures regarding the positioning of cameras; (iv) an analysis of the extent to which cameras monitor locations where drugs are stored to ensure that drugs are accounted for, and an assessment of whether this is a widely used practice; and (v) an analysis of the actions taken to preserve and protect patient privacy. (B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. (2) <<NOTE: Recommenda- tions.>> Recommendations of the Secretary to improve patient safety and law enforcement, including-- [[Page 135 STAT. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data.>> the storage of data from such cameras; (C) the authority of supervisors at medical facilities of the Department to review recordings from cameras; (D) the number of staff required to monitor live footage from cameras at each medical facility of the Department; (E) the funding necessary to address shortfalls with respect to cameras and the specific uses for such funding; (F) any additional actions required to preserve and protect patient privacy; and (G) such other matters the Secretary determines appropriate. (c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General. Approved November 23, 2021. LEGISLATIVE HISTORY--H.R. 1510: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered in House. May 18, prior proceedings vacated; considered and passed House. Nov. 2, considered and passed Senate. <all>

To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs.

To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical centers of the Department of Veterans Affairs. To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs.

Official Titles - House of Representatives Official Titles as Amended by House To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. Official Title as Introduced To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical centers of the Department of Veterans Affairs. To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs.

Rep. McKinley, David B.

R

WV

This bill requires the Department of Veterans Affairs (VA) to report on its policies and procedures relating to the usage and maintenance of video cameras for patient safety and law enforcement at VA medical facilities.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1510]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORT ON USE OF CAMERAS IN MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Office of Operations, Security, and Preparedness of the Department of Veterans Affairs, the Veterans Health Administration, and the Office of Construction and Facilities Management of the Department, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report analyzing the policies, use, and maintenance of cameras deployed by the Department for patient safety and law enforcement at medical facilities of the Department. (b) Elements.--The report required by subsection (a) shall include the following: (1) <<NOTE: Review. Analysis.>> A comprehensive review of the policies and procedures of the Department regarding the use and maintenance of cameras with respect to the following: (A) Patient safety, including-- (i) an analysis of how cameras are used to monitor staff and patients; (ii) an analysis of the specific units within medical facilities in which the use of cameras is prioritized to protect patient safety; (iii) an analysis of the procedures regarding the positioning of cameras; (iv) an analysis of the extent to which cameras monitor locations where drugs are stored to ensure that drugs are accounted for, and an assessment of whether this is a widely used practice; and (v) an analysis of the actions taken to preserve and protect patient privacy. (2) <<NOTE: Recommenda- tions.>> Recommendations of the Secretary to improve patient safety and law enforcement, including-- [[Page 135 STAT. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data.>> the storage of data from such cameras; (C) the authority of supervisors at medical facilities of the Department to review recordings from cameras; (D) the number of staff required to monitor live footage from cameras at each medical facility of the Department; (E) the funding necessary to address shortfalls with respect to cameras and the specific uses for such funding; (F) any additional actions required to preserve and protect patient privacy; and (G) such other matters the Secretary determines appropriate. (c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General. Approved November 23, 2021. LEGISLATIVE HISTORY--H.R. 1510: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered in House. May 18, prior proceedings vacated; considered and passed House. Nov. 2, considered and passed Senate.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1510]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORT ON USE OF CAMERAS IN MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (b) Elements.--The report required by subsection (a) shall include the following: (1) <<NOTE: Review. Analysis.>> A comprehensive review of the policies and procedures of the Department regarding the use and maintenance of cameras with respect to the following: (A) Patient safety, including-- (i) an analysis of how cameras are used to monitor staff and patients; (ii) an analysis of the specific units within medical facilities in which the use of cameras is prioritized to protect patient safety; (iii) an analysis of the procedures regarding the positioning of cameras; (iv) an analysis of the extent to which cameras monitor locations where drugs are stored to ensure that drugs are accounted for, and an assessment of whether this is a widely used practice; and (v) an analysis of the actions taken to preserve and protect patient privacy. (2) <<NOTE: Recommenda- tions.>> Recommendations of the Secretary to improve patient safety and law enforcement, including-- [[Page 135 STAT. (c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General. Approved November 23, 2021. LEGISLATIVE HISTORY--H.R. 1510: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered in House. Nov. 2, considered and passed Senate.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. <<NOTE: Nov. 23, 2021 - [H.R. 1510]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORT ON USE OF CAMERAS IN MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Office of Operations, Security, and Preparedness of the Department of Veterans Affairs, the Veterans Health Administration, and the Office of Construction and Facilities Management of the Department, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report analyzing the policies, use, and maintenance of cameras deployed by the Department for patient safety and law enforcement at medical facilities of the Department. (b) Elements.--The report required by subsection (a) shall include the following: (1) <<NOTE: Review. Analysis.>> A comprehensive review of the policies and procedures of the Department regarding the use and maintenance of cameras with respect to the following: (A) Patient safety, including-- (i) an analysis of how cameras are used to monitor staff and patients; (ii) an analysis of the specific units within medical facilities in which the use of cameras is prioritized to protect patient safety; (iii) an analysis of the procedures regarding the positioning of cameras; (iv) an analysis of the extent to which cameras monitor locations where drugs are stored to ensure that drugs are accounted for, and an assessment of whether this is a widely used practice; and (v) an analysis of the actions taken to preserve and protect patient privacy. (B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. (2) <<NOTE: Recommenda- tions.>> Recommendations of the Secretary to improve patient safety and law enforcement, including-- [[Page 135 STAT. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data.>> the storage of data from such cameras; (C) the authority of supervisors at medical facilities of the Department to review recordings from cameras; (D) the number of staff required to monitor live footage from cameras at each medical facility of the Department; (E) the funding necessary to address shortfalls with respect to cameras and the specific uses for such funding; (F) any additional actions required to preserve and protect patient privacy; and (G) such other matters the Secretary determines appropriate. (c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General. Approved November 23, 2021. LEGISLATIVE HISTORY--H.R. 1510: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered in House. May 18, prior proceedings vacated; considered and passed House. Nov. 2, considered and passed Senate. <all>

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. ( 2) <<NOTE: Recommenda- tions. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. (2) <<NOTE: Recommenda- tions. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. ( 2) <<NOTE: Recommenda- tions. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. (2) <<NOTE: Recommenda- tions. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. ( 2) <<NOTE: Recommenda- tions. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. (2) <<NOTE: Recommenda- tions. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. ( 2) <<NOTE: Recommenda- tions. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. (2) <<NOTE: Recommenda- tions. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

[117th Congress Public Law 64] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1486]] Public Law 117-64 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in medical facilities of the Department of Veterans Affairs. B) Law enforcement of medical facilities of the Department, including-- (i) how exterior cameras are used; (ii) how interior cameras are used; and (iii) an analysis of locations, interior and exterior, in which camera use is prioritized. ( 2) <<NOTE: Recommenda- tions. 1487]] (A) the placement and maintenance of cameras; (B) <<NOTE: Data. c) Camera Defined.--In this section, the term ``camera'' means any video camera used in a medical facility of the Department of Veterans Affairs for purposes of patient safety or law enforcement, but does not include cameras used solely by the Inspector General of the Department of Veterans Affairs to assist in criminal investigations conducted by the Inspector General.

11,269

3,912

S.2416

Health

New Opportunities for Value that Extend Lives Act of 2021 or the NOVEL Act of 2021 This bill establishes a process for expediting the assignment of Healthcare Common Procedure Coding System (HCPCS) codes to medical products that have been designated as a breakthrough product or regenerative advanced therapy by the Food and Drug Administration; it also establishes a process for determining coverage under Medicare of such breakthrough products that have been assigned HCPCS codes.

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical 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 ``New Opportunities for Value that Extend Lives Act of 2021'' or the ``NOVEL Act of 2021''. SEC. 2. EXPEDITED CODING OF NOVEL MEDICAL PRODUCTS. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. ``(2) Request.--Upon the written confidential request of a manufacturer of a novel medical product, the Secretary shall make a determination whether to assign a HCPCS code to such product. Such request may occur on or after the date on which the product receives a designation as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). ``(3) Deadline for determination and notification.-- ``(A) Complete request.--If the Secretary finds that a manufacturer has submitted a complete request under paragraph (2), the Secretary shall-- ``(i) make a determination under such paragraph with respect to the request by not later than 180 calendar days after receiving the request; and ``(ii) notify the manufacturer of the determination by not later than 30 calendar days after making such determination. ``(B) Incomplete request.--If the Secretary finds that a manufacturer has submitted an incomplete request under paragraph (2), the Secretary shall notify the manufacturer of such finding by not later than 10 calendar days after receiving the request. Such notification shall contain detailed instructions on how the manufacturer can rectify any issue with the request. ``(4) Monitoring utilization.--A HCPCS code assigned under this subsection shall allow for the reliable monitoring of utilization of the novel medical product as described in paragraph (7). ``(5) Effective date of code assignment.--If the Secretary makes a determination to assign a HCPCS code to a product under paragraph (2), such code-- ``(A) may be assigned within the first quarter after the manufacturer files, with respect to such product, a new drug application under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)), a biological product license application under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)), a premarket application under section 515(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)), a report under section 510(k) of such Act (21 U.S.C. 360k), or a request for classification under section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)); and ``(B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. ``(6) Trade secrets and confidential information.--No information submitted under paragraph (2) shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ``(7) Inpatient products.--The Secretary shall establish a code modifier within the hospital inpatient prospective payment system under section 1886(d) to track the utilization and, to the extent practicable, outcomes of novel medical products that are assigned a HCPCS code pursuant to the expedited coding process under this subsection and are furnished by hospitals in inpatient settings. ``(8) Authority.-- ``(A) Incorporation into an existing process.--The Secretary may, as determined appropriate, incorporate the request process under this subsection into another HCPCS code request process that the Secretary has in place. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. ``(9) Definitions.--In this subsection: ``(A) Novel medical product defined.--The term `novel medical product' means a drug, biological product, or medical device-- ``(i) that has not been assigned a HCPCS code; and ``(ii) that has been designated as-- ``(I) a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)); ``(II) a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3); or ``(III) a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). ``(B) HCPCS defined.--The term `HCPCS' means the Healthcare Common Procedure Coding System.''. SEC. 3. COVERAGE DETERMINATIONS FOR NOVEL MEDICAL PRODUCTS. Section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Coverage pathway for novel medical products.-- ``(A) In general.--The Secretary shall facilitate an efficient coverage pathway to expedite a national coverage decision for coverage with evidence development process under this title for novel medical products described in subparagraph (D). The Secretary shall review such novel medical products for the coverage process on an expedited basis, beginning as soon as the Secretary assigns a HCPCS code to the product pursuant to the expedited coding process under section 1874(h). ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. ``(C) Modernizing payment options for novel medical products.--Not later than 4 years after issuing a national coverage determination pursuant to this paragraph, the Secretary shall submit to Congress and to the manufacturer of the novel medical product a report providing options for implementing alternative payment models under this title for the class of products to which the novel medical product belongs, which may include the utilization of existing models in the commercial health insurance market or any other payment model deemed appropriate by the Secretary. Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. ``(D) Novel medical products described.--For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. ``(E) Clarification.--Nothing in this paragraph shall prevent the Secretary from issuing a noncoverage or a national coverage determination for a novel medical product described in subparagraph (D).''. SEC. 4. ENHANCING COORDINATION WITH THE FOOD AND DRUG ADMINISTRATION. (a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. (2) Attendees.--The public meeting shall include-- (A) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (B) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (C) representatives of commercial health insurance payers; (D) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (E) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (3) Topics.--The public meeting shall include a discussion of-- (A) the status of the drug and medical device development pipeline related to the availability of novel medical products; (B) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (C) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (D) common differences in the data sets necessary to determine the safety and effectiveness of a novel medical product and the data sets necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)); (E) the availability of information for sponsors of such novel medical products to meet each of those requirements; and (F) the coordination of information related to significant clinical improvement over existing therapies for patients between the Food and Drug Administration and the Centers for Medicare & Medicaid Services with respect to novel medical products. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (b) Improving Transparency of Criteria for Medicare Coverage.-- (1) Updating guidance.--Not later than 18 months after the public meeting under subsection (a), the Secretary shall update the final guidance entitled ``National Coverage Determinations with Data Collection as a Condition of Coverage: Coverage with Evidence Development'' to improve the availability and coordination of information as described in subparagraphs (D) through (F) of subsection (a)(3), and clarify novel medical product clinical data requirements to meet the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act. (2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. SEC. 5. REPORT ON CODING, COVERAGE, AND PAYMENT PROCESSES UNDER MEDICARE FOR NEW MEDICAL PRODUCTS. (a) In General.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a report on the internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). Such report shall include the following: (1) A description of challenges in the coding, coverage, and payment processes under the Medicare program for medical products described in such subsection. (2) Recommendations to-- (A) incorporate patient experience data (such as the impact of a disease or condition on the lives of patients and patient treatment preferences) into the coverage and payment processes within the Centers for Medicare & Medicaid Services; (B) decrease the length of time to make national and local coverage determinations under the Medicare program (as those terms are defined in subparagraph (A) and (B), respectively, of section 1862(l)(6) of the Social Security Act (42 U.S.C. 1395y(l)(6))); (C) streamline the coverage process under the Medicare program and incorporate input from relevant stakeholders into such coverage determinations; and (D) identify potential mechanisms to incorporate novel payment designs similar to those in development in commercial insurance plans and State plans under title XIX of the Social Security Act (42 U.S.C. 1396r et seq.) into the Medicare program. (b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). <all>

New Opportunities for Value that Extend Lives Act of 2021

A bill to amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes.

NOVEL Act of 2021 New Opportunities for Value that Extend Lives Act of 2021

Sen. Burr, Richard

R

NC

This bill establishes a process for expediting the assignment of Healthcare Common Procedure Coding System (HCPCS) codes to medical products that have been designated as a breakthrough product or regenerative advanced therapy by the Food and Drug Administration; it also establishes a process for determining coverage under Medicare of such breakthrough products that have been assigned HCPCS codes.

SHORT TITLE. 2. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. ``(8) Authority.-- ``(A) Incorporation into an existing process.--The Secretary may, as determined appropriate, incorporate the request process under this subsection into another HCPCS code request process that the Secretary has in place. ``(B) HCPCS defined.--The term `HCPCS' means the Healthcare Common Procedure Coding System.''. 3. COVERAGE DETERMINATIONS FOR NOVEL MEDICAL PRODUCTS. Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. 4. ENHANCING COORDINATION WITH THE FOOD AND DRUG ADMINISTRATION. (2) Attendees.--The public meeting shall include-- (A) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (B) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (C) representatives of commercial health insurance payers; (D) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (E) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. SEC. 5. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). into the Medicare program. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

SHORT TITLE. 2. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. ``(8) Authority.-- ``(A) Incorporation into an existing process.--The Secretary may, as determined appropriate, incorporate the request process under this subsection into another HCPCS code request process that the Secretary has in place. ``(B) HCPCS defined.--The term `HCPCS' means the Healthcare Common Procedure Coding System.''. 3. COVERAGE DETERMINATIONS FOR NOVEL MEDICAL PRODUCTS. 4. ENHANCING COORDINATION WITH THE FOOD AND DRUG ADMINISTRATION. (2) Attendees.--The public meeting shall include-- (A) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (B) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (C) representatives of commercial health insurance payers; (D) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (E) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. SEC. 5. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). into the Medicare program. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

SHORT TITLE. This Act may be cited as the ``New Opportunities for Value that Extend Lives Act of 2021'' or the ``NOVEL Act of 2021''. 2. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. Such notification shall contain detailed instructions on how the manufacturer can rectify any issue with the request. 262(a)), a premarket application under section 515(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. ``(7) Inpatient products.--The Secretary shall establish a code modifier within the hospital inpatient prospective payment system under section 1886(d) to track the utilization and, to the extent practicable, outcomes of novel medical products that are assigned a HCPCS code pursuant to the expedited coding process under this subsection and are furnished by hospitals in inpatient settings. ``(8) Authority.-- ``(A) Incorporation into an existing process.--The Secretary may, as determined appropriate, incorporate the request process under this subsection into another HCPCS code request process that the Secretary has in place. ``(B) HCPCS defined.--The term `HCPCS' means the Healthcare Common Procedure Coding System.''. 3. COVERAGE DETERMINATIONS FOR NOVEL MEDICAL PRODUCTS. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Coverage pathway for novel medical products.-- ``(A) In general.--The Secretary shall facilitate an efficient coverage pathway to expedite a national coverage decision for coverage with evidence development process under this title for novel medical products described in subparagraph (D). Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. 4. ENHANCING COORDINATION WITH THE FOOD AND DRUG ADMINISTRATION. (2) Attendees.--The public meeting shall include-- (A) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (B) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (C) representatives of commercial health insurance payers; (D) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (E) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (3) Topics.--The public meeting shall include a discussion of-- (A) the status of the drug and medical device development pipeline related to the availability of novel medical products; (B) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (C) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (D) common differences in the data sets necessary to determine the safety and effectiveness of a novel medical product and the data sets necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act (42 U.S.C. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. SEC. 5. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). into the Medicare program. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical 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 ``New Opportunities for Value that Extend Lives Act of 2021'' or the ``NOVEL Act of 2021''. 2. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. ``(B) Incomplete request.--If the Secretary finds that a manufacturer has submitted an incomplete request under paragraph (2), the Secretary shall notify the manufacturer of such finding by not later than 10 calendar days after receiving the request. Such notification shall contain detailed instructions on how the manufacturer can rectify any issue with the request. 262(a)), a premarket application under section 515(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(f)(2)); and ``(B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. ``(7) Inpatient products.--The Secretary shall establish a code modifier within the hospital inpatient prospective payment system under section 1886(d) to track the utilization and, to the extent practicable, outcomes of novel medical products that are assigned a HCPCS code pursuant to the expedited coding process under this subsection and are furnished by hospitals in inpatient settings. ``(8) Authority.-- ``(A) Incorporation into an existing process.--The Secretary may, as determined appropriate, incorporate the request process under this subsection into another HCPCS code request process that the Secretary has in place. ``(B) HCPCS defined.--The term `HCPCS' means the Healthcare Common Procedure Coding System.''. 3. COVERAGE DETERMINATIONS FOR NOVEL MEDICAL PRODUCTS. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Coverage pathway for novel medical products.-- ``(A) In general.--The Secretary shall facilitate an efficient coverage pathway to expedite a national coverage decision for coverage with evidence development process under this title for novel medical products described in subparagraph (D). ``(C) Modernizing payment options for novel medical products.--Not later than 4 years after issuing a national coverage determination pursuant to this paragraph, the Secretary shall submit to Congress and to the manufacturer of the novel medical product a report providing options for implementing alternative payment models under this title for the class of products to which the novel medical product belongs, which may include the utilization of existing models in the commercial health insurance market or any other payment model deemed appropriate by the Secretary. Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. 4. ENHANCING COORDINATION WITH THE FOOD AND DRUG ADMINISTRATION. (2) Attendees.--The public meeting shall include-- (A) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (B) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (C) representatives of commercial health insurance payers; (D) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (E) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (3) Topics.--The public meeting shall include a discussion of-- (A) the status of the drug and medical device development pipeline related to the availability of novel medical products; (B) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (C) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (D) common differences in the data sets necessary to determine the safety and effectiveness of a novel medical product and the data sets necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act (42 U.S.C. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. SEC. 5. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). 1395y(l)(6))); (C) streamline the coverage process under the Medicare program and incorporate input from relevant stakeholders into such coverage determinations; and (D) identify potential mechanisms to incorporate novel payment designs similar to those in development in commercial insurance plans and State plans under title XIX of the Social Security Act (42 U.S.C. into the Medicare program. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). ``(3) Deadline for determination and notification.-- ``(A) Complete request.--If the Secretary finds that a manufacturer has submitted a complete request under paragraph (2), the Secretary shall-- ``(i) make a determination under such paragraph with respect to the request by not later than 180 calendar days after receiving the request; and ``(ii) notify the manufacturer of the determination by not later than 30 calendar days after making such determination. 355(b)), a biological product license application under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)), a premarket application under section 515(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)), a report under section 510(k) of such Act (21 U.S.C. 360k), or a request for classification under section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)); and ``(B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. ``(6) Trade secrets and confidential information.--No information submitted under paragraph (2) shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. Section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Coverage pathway for novel medical products.-- ``(A) In general.--The Secretary shall facilitate an efficient coverage pathway to expedite a national coverage decision for coverage with evidence development process under this title for novel medical products described in subparagraph (D). The Secretary shall review such novel medical products for the coverage process on an expedited basis, beginning as soon as the Secretary assigns a HCPCS code to the product pursuant to the expedited coding process under section 1874(h). ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. ``(D) Novel medical products described.--For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ( a) In General.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a report on the internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. Such notification shall contain detailed instructions on how the manufacturer can rectify any issue with the request. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. ``(9) Definitions.--In this subsection: ``(A) Novel medical product defined.--The term `novel medical product' means a drug, biological product, or medical device-- ``(i) that has not been assigned a HCPCS code; and ``(ii) that has been designated as-- ``(I) a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)); ``(II) a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3); or ``(III) a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. ( 4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ( 2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. REPORT ON CODING, COVERAGE, AND PAYMENT PROCESSES UNDER MEDICARE FOR NEW MEDICAL PRODUCTS. ( b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). ``(3) Deadline for determination and notification.-- ``(A) Complete request.--If the Secretary finds that a manufacturer has submitted a complete request under paragraph (2), the Secretary shall-- ``(i) make a determination under such paragraph with respect to the request by not later than 180 calendar days after receiving the request; and ``(ii) notify the manufacturer of the determination by not later than 30 calendar days after making such determination. 355(b)), a biological product license application under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)), a premarket application under section 515(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)), a report under section 510(k) of such Act (21 U.S.C. 360k), or a request for classification under section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)); and ``(B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. ``(6) Trade secrets and confidential information.--No information submitted under paragraph (2) shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. Section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Coverage pathway for novel medical products.-- ``(A) In general.--The Secretary shall facilitate an efficient coverage pathway to expedite a national coverage decision for coverage with evidence development process under this title for novel medical products described in subparagraph (D). The Secretary shall review such novel medical products for the coverage process on an expedited basis, beginning as soon as the Secretary assigns a HCPCS code to the product pursuant to the expedited coding process under section 1874(h). ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. ``(D) Novel medical products described.--For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ( a) In General.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a report on the internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with respect to the coding, coverage, and payment of medical products described in subsection (b). b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. Such notification shall contain detailed instructions on how the manufacturer can rectify any issue with the request. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. ``(9) Definitions.--In this subsection: ``(A) Novel medical product defined.--The term `novel medical product' means a drug, biological product, or medical device-- ``(i) that has not been assigned a HCPCS code; and ``(ii) that has been designated as-- ``(I) a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)); ``(II) a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3); or ``(III) a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. ( 4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ( 2) Finalizing updated guidance.--Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. REPORT ON CODING, COVERAGE, AND PAYMENT PROCESSES UNDER MEDICARE FOR NEW MEDICAL PRODUCTS. ( b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. 360k), or a request for classification under section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)); and ``(B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. ``(D) Novel medical products described.--For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ( b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. ( b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. 360k), or a request for classification under section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)); and ``(B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. ``(B) Waiver of elements of existing processes.--In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. ``(B) Determination of coverage with evidence development.--Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. ``(D) Novel medical products described.--For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. (4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. ( b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. a) Public Meeting.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. ( b) Medical Products Described.--For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)).

To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes. Section 1874 of the Social Security Act (42 U.S.C. 1395kk) is amended by adding at the end the following new subsection: ``(h) Expedited Coding of Novel Medical Products.-- ``(1) In general.--On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. ``(D) Novel medical products described.--For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. ( 4) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (

11,271

5,970

H.R.9707

Families

Making Opportunities for Mothers Act or the MOM Act This bill provides block grants to states to provide child care services to mothers under the age of 18 who are attending school or who are employed after attending courses.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Opportunities for Mothers Act'' or the ``MOM Act''. SEC. 2. GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services shall establish a grant program under which the Secretary makes block grants to States to be administered in accordance with this section. (b) Use of Grant.--A State that receives a grant under subsection (a) shall use such grant to pay the cost of-- (1) child care services for an eligible mother who is a student enrolled in elementary school or secondary school or enrolled on not less than a half-time basis in an institution of higher education, which enable such mother to attend the courses in which she is enrolled; and (2) child care services for an eligible mother described in paragraph (1) who has employment after attending the courses in which she is enrolled, which enable such mother to be so employed. (c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. (B) Rule of construction.--Nothing in this Act shall be construed to make a mother ineligible for payments or services under this Act by virtue of being married. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) State.--In this section, the term ``State'' means the several States and the District of Columbia. <all>

MOM Act

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes.

MOM Act Making Opportunities for Mothers Act

Rep. Gohmert, Louie

R

TX

This bill provides block grants to states to provide child care services to mothers under the age of 18 who are attending school or who are employed after attending courses.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Opportunities for Mothers Act'' or the ``MOM Act''. SEC. 2. GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services shall establish a grant program under which the Secretary makes block grants to States to be administered in accordance with this section. (b) Use of Grant.--A State that receives a grant under subsection (a) shall use such grant to pay the cost of-- (1) child care services for an eligible mother who is a student enrolled in elementary school or secondary school or enrolled on not less than a half-time basis in an institution of higher education, which enable such mother to attend the courses in which she is enrolled; and (2) child care services for an eligible mother described in paragraph (1) who has employment after attending the courses in which she is enrolled, which enable such mother to be so employed. (c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. (B) Rule of construction.--Nothing in this Act shall be construed to make a mother ineligible for payments or services under this Act by virtue of being married. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) State.--In this section, the term ``State'' means the several States and the District of Columbia. <all>

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Opportunities for Mothers Act'' or the ``MOM Act''. SEC. 2. GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services shall establish a grant program under which the Secretary makes block grants to States to be administered in accordance with this section. (b) Use of Grant.--A State that receives a grant under subsection (a) shall use such grant to pay the cost of-- (1) child care services for an eligible mother who is a student enrolled in elementary school or secondary school or enrolled on not less than a half-time basis in an institution of higher education, which enable such mother to attend the courses in which she is enrolled; and (2) child care services for an eligible mother described in paragraph (1) who has employment after attending the courses in which she is enrolled, which enable such mother to be so employed. (c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. (B) Rule of construction.--Nothing in this Act shall be construed to make a mother ineligible for payments or services under this Act by virtue of being married. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). 7801). (5) State.--In this section, the term ``State'' means the several States and the District of Columbia.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Opportunities for Mothers Act'' or the ``MOM Act''. SEC. 2. GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services shall establish a grant program under which the Secretary makes block grants to States to be administered in accordance with this section. (b) Use of Grant.--A State that receives a grant under subsection (a) shall use such grant to pay the cost of-- (1) child care services for an eligible mother who is a student enrolled in elementary school or secondary school or enrolled on not less than a half-time basis in an institution of higher education, which enable such mother to attend the courses in which she is enrolled; and (2) child care services for an eligible mother described in paragraph (1) who has employment after attending the courses in which she is enrolled, which enable such mother to be so employed. (c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. (B) Rule of construction.--Nothing in this Act shall be construed to make a mother ineligible for payments or services under this Act by virtue of being married. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) State.--In this section, the term ``State'' means the several States and the District of Columbia. <all>

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. ( 4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (5) State.--In this section, the term ``State'' means the several States and the District of Columbia.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. ( 4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (5) State.--In this section, the term ``State'' means the several States and the District of Columbia.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. ( 4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (5) State.--In this section, the term ``State'' means the several States and the District of Columbia.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. ( 4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( (5) State.--In this section, the term ``State'' means the several States and the District of Columbia.

To direct the Secretary of Health and Human Services to establish a block grant program to provide incentives to underage mothers to stay in school and remain off of welfare, and for other purposes. c) Definitions.--In this section: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible mother.-- (A) In general.--The term ``eligible mother'' means an individual who-- (i) has not attained the age of 18; (ii) has given birth to a child; and (iii) has not been permanently separated from such child. ( 4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (

11,272

14,484

H.R.9564

Civil Rights and Liberties, Minority Issues

Right to Private Conduct Act of 2022 This bill provides statutory authority for the right of adults to engage in private, consensual sexual conduct with other adults.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

Right to Private Conduct Act of 2022

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty.

Right to Private Conduct Act of 2022

Rep. Takano, Mark

D

CA

This bill provides statutory authority for the right of adults to engage in private, consensual sexual conduct with other adults.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). 4. RULES OF CONSTRUCTION. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( 3) Section 242 of title 18, United States Code. ( (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). ( (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). ( c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act.

11,273

877

S.2347

Environmental Protection

Medium- and Heavy-Duty Electric Vehicle Infrastructure Act of 2021 This bill directs the Environmental Protection Agency to establish a rebate program that encourages the purchase and installation of electric vehicle charging equipment for medium-duty electric vehicles and heavy-duty electric vehicles.

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medium- and Heavy-Duty Electric Vehicle Infrastructure Act of 2021''. SEC. 2. FLEET CHARGING REBATE PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Charging equipment ceiling amount.--The term ``charging equipment ceiling amount'' means, with respect to eligible equipment that is-- (A) networked level 2 charging equipment, $4,000; and (B) networked direct current fast charging equipment, $100,000. (3) Covered expense.--The term ``covered expense'' means an expense that is associated with the purchase and installation of eligible electric vehicle supply equipment for a medium-duty electric vehicle or heavy-duty electric vehicle, including-- (A) the cost of electric vehicle supply equipment hardware; (B) labor costs associated with the installation of that hardware, if wages for that labor are paid at rates not less than those prevailing on labor of a character similar in the locality of installation, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) material costs associated with the installation of that hardware, including expenses involving electrical equipment and necessary upgrades or modifications to the electric grid and associated infrastructure that are required for the installation of that hardware; and (D) permit costs associated with the installation of that hardware. (4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. (5) Eligible equipment.--The term ``eligible equipment'' means any eligible electric vehicle supply equipment or associated hardware or software that is included on the list of eligible equipment published by the Administrator under subsection (c)(2). (6) Eligible fleet operator.--The term ``eligible fleet operator'' means an individual, a State, local, Tribal, or territorial government, a special tax district, a rural electric cooperative, a port authority, an airport authority, or a private entity that-- (A) operates a centrally fueled non-transit fleet of medium-duty electric vehicles or heavy-duty electric vehicles; (B) presents a purchase order of eligible medium- duty electric vehicles or heavy-duty electric vehicles at the time of application; or (C) provides such documentation of the operation or intent to operate a centrally fueled non-transit fleet of medium-duty electric vehicles or heavy-duty electric vehicles as the Administrator determines to be necessary. (7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. (8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. (9) Multi-port level 2 charger.--The term ``multi-port level 2 charger'' means networked level 2 charging equipment that is capable of charging more than 1 medium-duty electric vehicle or heavy-duty electric vehicle simultaneously. (10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. (11) Networked level 2 charging equipment.--The term ``networked level 2 charging equipment'' means electric vehicle supply equipment that-- (A) provides an alternating current power source at a minimum of 208 volts; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. (12) Rebate program.--The term ``rebate program'' means the rebate program established under subsection (b). (b) Establishment.--Not later than January 1, 2022, and subject to the availability of appropriations, the Administrator shall establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium-duty electric vehicles and heavy- duty electric vehicles. (c) Requirements.-- (1) In general.--The Administrator may provide a rebate under the rebate program to an eligible fleet operator for the installation of eligible equipment at an eligible site described in paragraph (3). (2) List of eligible equipment.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish on the website of the Environmental Protection Agency a list of eligible equipment for which an eligible fleet operator may receive a rebate under the rebate program. (B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. (3) Eligible sites.--An eligible fleet operator may receive a rebate under the rebate program for the installation of eligible equipment only if the eligible equipment is installed at a site that-- (A) is in the United States; (B) is located on property-- (i) owned by the eligible fleet operator; or (ii) on which the eligible fleet operator has authority to install eligible equipment; and (C) serves not fewer than the minimum number of medium-duty electric vehicles or heavy-duty electric vehicles that the Administrator determines is required to be served by a site. (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. (B) Requirements.--An application under subparagraph (A) shall include-- (i) the estimated cost of covered expenses to be incurred with respect to the purchase or installation of eligible equipment for which the eligible fleet operator seeks a rebate; (ii) the portion of those covered expenses that represents the estimated installation cost of the eligible equipment; (iii) the address of the location where the eligible equipment will be installed, which shall be considered by the Administrator to be confidential business information; (iv) the technical specifications of the eligible equipment, including the maximum power and amperage of the eligible equipment; (v) if the eligible fleet operator is seeking a community benefit bonus under paragraph (5)(B) or a rural bonus under paragraph (5)(C), documentation demonstrating that the eligible fleet operator is eligible for the bonus; and (vi) any other information determined by the Administrator to be necessary for a complete application. (C) Review process.--The Administrator shall, within 90 days of the date on which the Administrator receives an application under subparagraph (A)-- (i) review the application; and (ii) approve the eligible fleet operator submitting the application for a rebate under the rebate program if the Administrator determines that-- (I) the application meets the requirements described in subparagraph (B); (II) the rebate would be for the installation of eligible equipment at an eligible site; (III) sufficient amounts will be made available under this section to provide the rebate; (IV) providing the rebate would not cause the eligible fleet operator to exceed the limitation described in paragraph (5)(D)(iii)(I); and (V) the eligible fleet operator has complied with all other applicable requirements of the rebate program. (5) Rebate amount.-- (A) In general.--The amount of a rebate under the rebate program shall be, with respect to a project for which the rebate is sought-- (i) for an eligible fleet operator that is a public sector or nonprofit entity, equal to the lesser of-- (I) 80 percent of the covered expenses; and (II) the charging equipment ceiling amount; and (ii) for an eligible fleet operator that is a private sector entity that is not a nonprofit entity, equal to the lesser of-- (I) 50 percent of the covered expenses; and (II) the charging equipment ceiling amount. (B) Community benefit bonus.-- (i) In general.--Subject to subparagraph (D)(i), the Administrator shall award an additional amount, to be known as a ``community benefit bonus'', to an eligible fleet operator receiving a rebate under the rebate program if the majority of the vehicle miles traveled by the medium-duty electric vehicles and heavy- duty electric vehicles in the fleet of the eligible fleet operator are traveled in a county that, as of the date of enactment of this Act, is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (C) Rural bonus.-- (i) In general.--Subject to subparagraph (D)(i), the Administrator shall award an additional amount, to be known as a ``rural bonus'', to an eligible fleet operator receiving a rebate under the rebate program if-- (I) the eligible fleet operator uses the rebate to install electric vehicle supply equipment in a rural area (as defined in section 101(a) of title 23, United States Code); and (II) the majority of the vehicle miles traveled by the medium-duty electric vehicles and heavy-duty electric vehicles in the fleet of the eligible fleet operator are traveled in a rural area (as so defined). (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. (ii) Multi-port level 2 chargers.--The Administrator shall consider each charging port on a multi-port level 2 charger to be a separate unit of electric vehicle supply equipment for purposes of determining the amount of a rebate or bonus under this section. (iii) Maximum amount for active projects.-- An eligible fleet operator may-- (I) separately or simultaneously apply for, and be awarded, rebates totaling up to $1,000,000, including any bonuses received under subparagraphs (B) and (C), for projects that, as determined by the Administrator, are active projects; and (II) apply for additional rebates on completion of active projects. (iv) For-profit entities.--Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. (v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (6) Agreement to maintain.--To be eligible for a rebate under the rebate program, an eligible fleet operator shall enter into an agreement with the Administrator to maintain the eligible equipment covered by the rebate in a satisfactory manner for not less than 5 years after the date on which the eligible fleet operator receives the rebate. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out the rebate program $250,000,000 for each of fiscal years 2022 through 2025, to remain available until expended. <all>

Medium- and Heavy-Duty Electric Vehicle Infrastructure Act of 2021

A bill to require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes.

Medium- and Heavy-Duty Electric Vehicle Infrastructure Act of 2021

Sen. Merkley, Jeff

D

OR

This bill directs the Environmental Protection Agency to establish a rebate program that encourages the purchase and installation of electric vehicle charging equipment for medium-duty electric vehicles and heavy-duty electric vehicles.

2. FLEET CHARGING REBATE PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Covered expense.--The term ``covered expense'' means an expense that is associated with the purchase and installation of eligible electric vehicle supply equipment for a medium-duty electric vehicle or heavy-duty electric vehicle, including-- (A) the cost of electric vehicle supply equipment hardware; (B) labor costs associated with the installation of that hardware, if wages for that labor are paid at rates not less than those prevailing on labor of a character similar in the locality of installation, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) material costs associated with the installation of that hardware, including expenses involving electrical equipment and necessary upgrades or modifications to the electric grid and associated infrastructure that are required for the installation of that hardware; and (D) permit costs associated with the installation of that hardware. (4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. (10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (ii) Multi-port level 2 chargers.--The Administrator shall consider each charging port on a multi-port level 2 charger to be a separate unit of electric vehicle supply equipment for purposes of determining the amount of a rebate or bonus under this section. (iv) For-profit entities.--Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out the rebate program $250,000,000 for each of fiscal years 2022 through 2025, to remain available until expended.

2. FLEET CHARGING REBATE PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Covered expense.--The term ``covered expense'' means an expense that is associated with the purchase and installation of eligible electric vehicle supply equipment for a medium-duty electric vehicle or heavy-duty electric vehicle, including-- (A) the cost of electric vehicle supply equipment hardware; (B) labor costs associated with the installation of that hardware, if wages for that labor are paid at rates not less than those prevailing on labor of a character similar in the locality of installation, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) material costs associated with the installation of that hardware, including expenses involving electrical equipment and necessary upgrades or modifications to the electric grid and associated infrastructure that are required for the installation of that hardware; and (D) permit costs associated with the installation of that hardware. (4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. (10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate.

SEC. 2. FLEET CHARGING REBATE PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Covered expense.--The term ``covered expense'' means an expense that is associated with the purchase and installation of eligible electric vehicle supply equipment for a medium-duty electric vehicle or heavy-duty electric vehicle, including-- (A) the cost of electric vehicle supply equipment hardware; (B) labor costs associated with the installation of that hardware, if wages for that labor are paid at rates not less than those prevailing on labor of a character similar in the locality of installation, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) material costs associated with the installation of that hardware, including expenses involving electrical equipment and necessary upgrades or modifications to the electric grid and associated infrastructure that are required for the installation of that hardware; and (D) permit costs associated with the installation of that hardware. (4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. (10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. (B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. 7401 et seq.). (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. (ii) Multi-port level 2 chargers.--The Administrator shall consider each charging port on a multi-port level 2 charger to be a separate unit of electric vehicle supply equipment for purposes of determining the amount of a rebate or bonus under this section. (iii) Maximum amount for active projects.-- An eligible fleet operator may-- (I) separately or simultaneously apply for, and be awarded, rebates totaling up to $1,000,000, including any bonuses received under subparagraphs (B) and (C), for projects that, as determined by the Administrator, are active projects; and (II) apply for additional rebates on completion of active projects. (iv) For-profit entities.--Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. (v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out the rebate program $250,000,000 for each of fiscal years 2022 through 2025, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. FLEET CHARGING REBATE PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Covered expense.--The term ``covered expense'' means an expense that is associated with the purchase and installation of eligible electric vehicle supply equipment for a medium-duty electric vehicle or heavy-duty electric vehicle, including-- (A) the cost of electric vehicle supply equipment hardware; (B) labor costs associated with the installation of that hardware, if wages for that labor are paid at rates not less than those prevailing on labor of a character similar in the locality of installation, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) material costs associated with the installation of that hardware, including expenses involving electrical equipment and necessary upgrades or modifications to the electric grid and associated infrastructure that are required for the installation of that hardware; and (D) permit costs associated with the installation of that hardware. (4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. (8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. (10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. (c) Requirements.-- (1) In general.--The Administrator may provide a rebate under the rebate program to an eligible fleet operator for the installation of eligible equipment at an eligible site described in paragraph (3). (B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. (B) Community benefit bonus.-- (i) In general.--Subject to subparagraph (D)(i), the Administrator shall award an additional amount, to be known as a ``community benefit bonus'', to an eligible fleet operator receiving a rebate under the rebate program if the majority of the vehicle miles traveled by the medium-duty electric vehicles and heavy- duty electric vehicles in the fleet of the eligible fleet operator are traveled in a county that, as of the date of enactment of this Act, is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. (ii) Multi-port level 2 chargers.--The Administrator shall consider each charging port on a multi-port level 2 charger to be a separate unit of electric vehicle supply equipment for purposes of determining the amount of a rebate or bonus under this section. (iii) Maximum amount for active projects.-- An eligible fleet operator may-- (I) separately or simultaneously apply for, and be awarded, rebates totaling up to $1,000,000, including any bonuses received under subparagraphs (B) and (C), for projects that, as determined by the Administrator, are active projects; and (II) apply for additional rebates on completion of active projects. (iv) For-profit entities.--Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. (v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out the rebate program $250,000,000 for each of fiscal years 2022 through 2025, to remain available until expended.

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 2) Charging equipment ceiling amount.--The term ``charging equipment ceiling amount'' means, with respect to eligible equipment that is-- (A) networked level 2 charging equipment, $4,000; and (B) networked direct current fast charging equipment, $100,000. 4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. ( 5) Eligible equipment.--The term ``eligible equipment'' means any eligible electric vehicle supply equipment or associated hardware or software that is included on the list of eligible equipment published by the Administrator under subsection (c)(2). 7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. ( 8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. (9) Multi-port level 2 charger.--The term ``multi-port level 2 charger'' means networked level 2 charging equipment that is capable of charging more than 1 medium-duty electric vehicle or heavy-duty electric vehicle simultaneously. ( 10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. ( (2) List of eligible equipment.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish on the website of the Environmental Protection Agency a list of eligible equipment for which an eligible fleet operator may receive a rebate under the rebate program. ( B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. ( (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( 5) Rebate amount.-- (A) In general.--The amount of a rebate under the rebate program shall be, with respect to a project for which the rebate is sought-- (i) for an eligible fleet operator that is a public sector or nonprofit entity, equal to the lesser of-- (I) 80 percent of the covered expenses; and (II) the charging equipment ceiling amount; and (ii) for an eligible fleet operator that is a private sector entity that is not a nonprofit entity, equal to the lesser of-- (I) 50 percent of the covered expenses; and (II) the charging equipment ceiling amount. ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. ( D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (iii) Maximum amount for active projects.-- An eligible fleet operator may-- (I) separately or simultaneously apply for, and be awarded, rebates totaling up to $1,000,000, including any bonuses received under subparagraphs (B) and (C), for projects that, as determined by the Administrator, are active projects; and (II) apply for additional rebates on completion of active projects. ( v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 2) Charging equipment ceiling amount.--The term ``charging equipment ceiling amount'' means, with respect to eligible equipment that is-- (A) networked level 2 charging equipment, $4,000; and (B) networked direct current fast charging equipment, $100,000. ( (5) Eligible equipment.--The term ``eligible equipment'' means any eligible electric vehicle supply equipment or associated hardware or software that is included on the list of eligible equipment published by the Administrator under subsection (c)(2). ( 7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. ( (11) Networked level 2 charging equipment.--The term ``networked level 2 charging equipment'' means electric vehicle supply equipment that-- (A) provides an alternating current power source at a minimum of 208 volts; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. ( 2) List of eligible equipment.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish on the website of the Environmental Protection Agency a list of eligible equipment for which an eligible fleet operator may receive a rebate under the rebate program. ( (3) Eligible sites.--An eligible fleet operator may receive a rebate under the rebate program for the installation of eligible equipment only if the eligible equipment is installed at a site that-- (A) is in the United States; (B) is located on property-- (i) owned by the eligible fleet operator; or (ii) on which the eligible fleet operator has authority to install eligible equipment; and (C) serves not fewer than the minimum number of medium-duty electric vehicles or heavy-duty electric vehicles that the Administrator determines is required to be served by a site. ( 4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( 5) Rebate amount.-- (A) In general.--The amount of a rebate under the rebate program shall be, with respect to a project for which the rebate is sought-- (i) for an eligible fleet operator that is a public sector or nonprofit entity, equal to the lesser of-- (I) 80 percent of the covered expenses; and (II) the charging equipment ceiling amount; and (ii) for an eligible fleet operator that is a private sector entity that is not a nonprofit entity, equal to the lesser of-- (I) 50 percent of the covered expenses; and (II) the charging equipment ceiling amount. ( (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. ( D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (iv) For-profit entities.--Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. ( v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 2) Charging equipment ceiling amount.--The term ``charging equipment ceiling amount'' means, with respect to eligible equipment that is-- (A) networked level 2 charging equipment, $4,000; and (B) networked direct current fast charging equipment, $100,000. 4) Eligible electric vehicle supply equipment.--The term ``eligible electric vehicle supply equipment'' means a charger that-- (A) is connected to the electric grid; and (B) supplies electricity to-- (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. ( 5) Eligible equipment.--The term ``eligible equipment'' means any eligible electric vehicle supply equipment or associated hardware or software that is included on the list of eligible equipment published by the Administrator under subsection (c)(2). 7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. ( 8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. (9) Multi-port level 2 charger.--The term ``multi-port level 2 charger'' means networked level 2 charging equipment that is capable of charging more than 1 medium-duty electric vehicle or heavy-duty electric vehicle simultaneously. ( 10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. ( (2) List of eligible equipment.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish on the website of the Environmental Protection Agency a list of eligible equipment for which an eligible fleet operator may receive a rebate under the rebate program. ( B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. ( (4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( 5) Rebate amount.-- (A) In general.--The amount of a rebate under the rebate program shall be, with respect to a project for which the rebate is sought-- (i) for an eligible fleet operator that is a public sector or nonprofit entity, equal to the lesser of-- (I) 80 percent of the covered expenses; and (II) the charging equipment ceiling amount; and (ii) for an eligible fleet operator that is a private sector entity that is not a nonprofit entity, equal to the lesser of-- (I) 50 percent of the covered expenses; and (II) the charging equipment ceiling amount. ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. ( D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (iii) Maximum amount for active projects.-- An eligible fleet operator may-- (I) separately or simultaneously apply for, and be awarded, rebates totaling up to $1,000,000, including any bonuses received under subparagraphs (B) and (C), for projects that, as determined by the Administrator, are active projects; and (II) apply for additional rebates on completion of active projects. ( v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 2) Charging equipment ceiling amount.--The term ``charging equipment ceiling amount'' means, with respect to eligible equipment that is-- (A) networked level 2 charging equipment, $4,000; and (B) networked direct current fast charging equipment, $100,000. ( (5) Eligible equipment.--The term ``eligible equipment'' means any eligible electric vehicle supply equipment or associated hardware or software that is included on the list of eligible equipment published by the Administrator under subsection (c)(2). ( 7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. ( (11) Networked level 2 charging equipment.--The term ``networked level 2 charging equipment'' means electric vehicle supply equipment that-- (A) provides an alternating current power source at a minimum of 208 volts; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. ( 2) List of eligible equipment.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall publish on the website of the Environmental Protection Agency a list of eligible equipment for which an eligible fleet operator may receive a rebate under the rebate program. ( (3) Eligible sites.--An eligible fleet operator may receive a rebate under the rebate program for the installation of eligible equipment only if the eligible equipment is installed at a site that-- (A) is in the United States; (B) is located on property-- (i) owned by the eligible fleet operator; or (ii) on which the eligible fleet operator has authority to install eligible equipment; and (C) serves not fewer than the minimum number of medium-duty electric vehicles or heavy-duty electric vehicles that the Administrator determines is required to be served by a site. ( 4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( 5) Rebate amount.-- (A) In general.--The amount of a rebate under the rebate program shall be, with respect to a project for which the rebate is sought-- (i) for an eligible fleet operator that is a public sector or nonprofit entity, equal to the lesser of-- (I) 80 percent of the covered expenses; and (II) the charging equipment ceiling amount; and (ii) for an eligible fleet operator that is a private sector entity that is not a nonprofit entity, equal to the lesser of-- (I) 50 percent of the covered expenses; and (II) the charging equipment ceiling amount. ( (ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. ( D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (iv) For-profit entities.--Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. ( v) Alternative fuel vehicle refueling property credit.--No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. ( 8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. ( 10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. ( ( ( B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. ( ( 4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 3) Eligible sites.--An eligible fleet operator may receive a rebate under the rebate program for the installation of eligible equipment only if the eligible equipment is installed at a site that-- (A) is in the United States; (B) is located on property-- (i) owned by the eligible fleet operator; or (ii) on which the eligible fleet operator has authority to install eligible equipment; and (C) serves not fewer than the minimum number of medium-duty electric vehicles or heavy-duty electric vehicles that the Administrator determines is required to be served by a site. ( 4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 7) Heavy-duty electric vehicle.--The term ``heavy-duty electric vehicle'' means a non-transit vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. ( 8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. ( 10) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that-- (A) provides a direct current power source; and (B) is able to connect to a network to facilitate-- (i) data collection; and (ii) access to the data collected. ( ( ( B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. ( ( 4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 3) Eligible sites.--An eligible fleet operator may receive a rebate under the rebate program for the installation of eligible equipment only if the eligible equipment is installed at a site that-- (A) is in the United States; (B) is located on property-- (i) owned by the eligible fleet operator; or (ii) on which the eligible fleet operator has authority to install eligible equipment; and (C) serves not fewer than the minimum number of medium-duty electric vehicles or heavy-duty electric vehicles that the Administrator determines is required to be served by a site. ( 4) Applications.-- (A) In general.--An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. ( ii) Amount of bonus.--With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of-- (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes. 8) Medium-duty electric vehicle.--The term ``medium-duty electric vehicle'' means a vehicle that-- (A) derives all of the power of the vehicle from electricity; and (B)(i) has a gross vehicle weight rating of-- (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. ( ( ( ( B) Maintenance and updates.--After the date on which the list under subparagraph (A) is published, the Administrator-- (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely-- (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. ( ( D) Limitations.-- (i) Limitation on bonuses.--An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. ( (

11,274

793

S.4315

International Affairs

Protecting America from Narcotics and Illicit Chemicals Act of 2022 or the PANIC Act of 2022 This bill expands the definition of major illicit drug producing country to include a country that is a direct source of certain drugs (or precursor chemicals for producing such drugs) that are significantly affecting the United States. (Under current law, a country designated a major illicit drug producing country may be eligible for certain U.S. foreign assistance, including transfers of excess defense articles. However, a designated country that fails to adhere to commitments related to drug control measures may be barred from receiving other forms of foreign assistance and may also be subject to trade restrictions.)

To address the foreign production of precursor chemicals that are used for the illicit production of narcotics and psychotropic drugs and other controlled substances, and for other purposes. Be it enacted by the Senate 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 America from Narcotics and Illicit Chemicals Act of 2022'' or the ``PANIC Act of 2022''. SEC. 2. MODIFIED DEFINITION OF MAJOR ILLICIT DRUG PRODUCING COUNTRY. Section 481(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(2)) is amended-- (1) in subparagraph (C), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (D), by inserting ``or'' after the semicolon; and (3) by adding at the end the following new subparagraph: ``(E) that is a direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals, when those precursor chemicals are used in the production of such drugs and substances, significantly affecting the United States;''. <all>

PANIC Act of 2022

A bill to address the foreign production of precursor chemicals that are used for the illicit production of narcotics and psychotropic drugs and other controlled substances, and for other purposes.

PANIC Act of 2022 Protecting America from Narcotics and Illicit Chemicals Act of 2022

Sen. Cornyn, John

R

TX

This bill expands the definition of major illicit drug producing country to include a country that is a direct source of certain drugs (or precursor chemicals for producing such drugs) that are significantly affecting the United States. (Under current law, a country designated a major illicit drug producing country may be eligible for certain U.S. foreign assistance, including transfers of excess defense articles. However, a designated country that fails to adhere to commitments related to drug control measures may be barred from receiving other forms of foreign assistance and may also be subject to trade restrictions.)

To address the foreign production of precursor chemicals that are used for the illicit production of narcotics and psychotropic drugs and other controlled substances, and for other purposes. Be it enacted by the Senate 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 America from Narcotics and Illicit Chemicals Act of 2022'' or the ``PANIC Act of 2022''. SEC. 2. MODIFIED DEFINITION OF MAJOR ILLICIT DRUG PRODUCING COUNTRY. Section 481(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(2)) is amended-- (1) in subparagraph (C), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (D), by inserting ``or'' after the semicolon; and (3) by adding at the end the following new subparagraph: ``(E) that is a direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals, when those precursor chemicals are used in the production of such drugs and substances, significantly affecting the United States;''. <all>

To address the foreign production of precursor chemicals that are used for the illicit production of narcotics and psychotropic drugs and other controlled substances, and for other purposes. Section 481(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(2)) is amended-- (1) in subparagraph (C), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (D), by inserting ``or'' after the semicolon; and (3) by adding at the end the following new subparagraph: ``(E) that is a direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals, when those precursor chemicals are used in the production of such drugs and substances, significantly affecting the United States;''.

11,275

2,890

S.2207

Immigration

This bill temporarily exempts certain workers involved with forest health or conservation from the annual limit on visas for temporary nonagricultural workers (H-2B visas). Specifically, for five years starting from the bill's enactment, a visa for a temporary nonagricultural worker entering the United States to perform certain work (such as orchard work, tree planting, nursery care, or harvesting minor forest products) shall not count against the annual limit on H-2B visas. (Currently, only 66,000 H-2B visas may be issued each year, with exemptions for certain types of workers.)

To temporarily increase the availability of temporary nonimmigrant nonagricultural workers for the purposes of restoring American forests, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXEMPTION FROM H-2B NUMERICAL LIMITATION FOR CERTAIN FORESTRY CONSERVATION WORKERS. (a) In General.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(12)(A) Except as provided in subparagraph (B), the numerical limitation under paragraph (1)(B) shall not apply to principal aliens described in section 101(a)(15)(H)(ii)(b) who are employed or have received an offer of employment for the work of-- ``(i) orchard work and seed collection; ``(ii) tree planting; ``(iii) nursery care; ``(iv) forest management; ``(v) harvesting pine straw or other minor forest products; ``(vi) timber stand improvement; ``(vii) herbicide application; ``(viii) fire prevention and fire management activities; ``(ix) brush clearing and vegetation management; ``(x) maintenance of right of ways; ``(xi) habitat protection and restoration; ``(xii) watershed protection and restoration; ``(xiii) land reclamation; or ``(xiv) other activities with a direct forest health or conservation nexus. ``(B) The exemptions described in subparagraph (A) shall not apply to landscaping or groundskeeping.''. (b) Sunset.--The amendment made by subsection (a) shall remain in effect until the date that is 5 years after the date of the enactment of this Act. <all>

A bill to temporarily increase the availability of temporary nonimmigrant nonagricultural workers for the purposes of restoring American forests, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to temporarily increase the availability of temporary nonimmigrant nonagricultural workers for the purposes of restoring American forests, and for other purposes.

Sen. Thune, John

R

SD

This bill temporarily exempts certain workers involved with forest health or conservation from the annual limit on visas for temporary nonagricultural workers (H-2B visas). Specifically, for five years starting from the bill's enactment, a visa for a temporary nonagricultural worker entering the United States to perform certain work (such as orchard work, tree planting, nursery care, or harvesting minor forest products) shall not count against the annual limit on H-2B visas. (Currently, only 66,000 H-2B visas may be issued each year, with exemptions for certain types of workers.)

To temporarily increase the availability of temporary nonimmigrant nonagricultural workers for the purposes of restoring American forests, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXEMPTION FROM H-2B NUMERICAL LIMITATION FOR CERTAIN FORESTRY CONSERVATION WORKERS. (a) In General.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(12)(A) Except as provided in subparagraph (B), the numerical limitation under paragraph (1)(B) shall not apply to principal aliens described in section 101(a)(15)(H)(ii)(b) who are employed or have received an offer of employment for the work of-- ``(i) orchard work and seed collection; ``(ii) tree planting; ``(iii) nursery care; ``(iv) forest management; ``(v) harvesting pine straw or other minor forest products; ``(vi) timber stand improvement; ``(vii) herbicide application; ``(viii) fire prevention and fire management activities; ``(ix) brush clearing and vegetation management; ``(x) maintenance of right of ways; ``(xi) habitat protection and restoration; ``(xii) watershed protection and restoration; ``(xiii) land reclamation; or ``(xiv) other activities with a direct forest health or conservation nexus. ``(B) The exemptions described in subparagraph (A) shall not apply to landscaping or groundskeeping.''. (b) Sunset.--The amendment made by subsection (a) shall remain in effect until the date that is 5 years after the date of the enactment of this Act. <all>

To temporarily increase the availability of temporary nonimmigrant nonagricultural workers for the purposes of restoring American forests, and for other purposes. b) Sunset.--The amendment made by subsection (a) shall remain in effect until the date that is 5 years after the date of the enactment of this Act.

11,276

14,596

H.R.403

Finance and Financial Sector

This bill repeals the prohibition on the use of certain funds by the Securities and Exchange Commission to implement a rule, regulation, or order to require the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.

To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL. Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. <all>

To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity.

Official Titles - House of Representatives Official Title as Introduced To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity.

Rep. Levin, Andy

D

MI

This bill repeals the prohibition on the use of certain funds by the Securities and Exchange Commission to implement a rule, regulation, or order to require the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.

To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL. Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. <all>

To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

11,277

12,838

H.R.1677

Health

Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021 or the KEEP Telehealth Options Act of 2021 This bill requires certain agencies to report on the availability and effects of expanded telehealth services under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP) during the public health emergency relating to COVID-19. Among other information, the Department of Health and Human Services must detail its actions during the emergency to expand access to telehealth services and must analyze telehealth usage by certain demographic groups. The Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission must report on the improvements and barriers to telehealth access during the emergency and the risks of fraudulent activity associated with expanded access.

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth Options Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 21, 2020, the United States confirmed the Nation's first case of the 2019 novel coronavirus (which presents as the disease COVID-19). (2) On January 31, 2020, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') declared a public health emergency in response to COVID-19. (3) By March, the disease reached the pandemic level according to the World Health Organization, and the President proclaimed the COVID-19 outbreak in the United States to constitute a national emergency. (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. (5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. (6) Telehealth services play a critical role in enhancing access to care for patients while simultaneously reducing the risk of exposure to the coronavirus for both patients and providers. (7) The Administrator expanded access to telehealth services under the public health emergency to all Medicare beneficiaries (including clinician-provided services to new and established patients). (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. (9) Expanded telehealth options are valuable for all Americans during this public health crisis, but especially for high-risk patients and rural Americans who already have difficulty accessing care. SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH SERVICES DURING THE COVID-19 EMERGENCY. (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. (B) A comprehensive list of types of providers that may be reimbursed for such services furnished under such programs during such period, including a list of services which may only be reimbursed under such programs during such period if furnished by such providers in-person. (C) A quantitative analysis of the use of such telehealth services under such programs during such period, including data points on use by rural, minority, low-income, and elderly populations. (D) A quantitative analysis of the use of such services under such programs during such period for mental and behavioral health treatments. (E) An analysis of the public health impacts of the actions described in subparagraph (A). (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). (b) MedPAC and MACPAC.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission, in consultation with the Inspector General of the Department of Health and Human Services, shall each conduct a study and submit to Congress a report on-- (A) any improvements to, or barriers in, access to telehealth services under-- (i) in the case of the report submitted by the Medicare Payment Advisory Commission, the Medicare program; and (ii) in the case of the report submitted by the Medicaid and CHIP Payment and Access Commission, the Medicaid and Children's Health Insurance programs; during the emergency period described in subsection (a)(1); and (B) what is known about any increased risk in increased fraudulent activity, including the types of fraudulent activity, that could be associated with the expansion of access to such services under such programs during such period. (2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B). <all>

KEEP Telehealth Options Act of 2021

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency.

KEEP Telehealth Options Act of 2021 Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021

Rep. Balderson, Troy

R

OH

This bill requires certain agencies to report on the availability and effects of expanded telehealth services under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP) during the public health emergency relating to COVID-19. Among other information, the Department of Health and Human Services must detail its actions during the emergency to expand access to telehealth services and must analyze telehealth usage by certain demographic groups. The Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission must report on the improvements and barriers to telehealth access during the emergency and the risks of fraudulent activity associated with expanded access.

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. SHORT TITLE. This Act may be cited as the ``Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth Options Act of 2021''. 2. FINDINGS. Congress finds the following: (1) On January 21, 2020, the United States confirmed the Nation's first case of the 2019 novel coronavirus (which presents as the disease COVID-19). (3) By March, the disease reached the pandemic level according to the World Health Organization, and the President proclaimed the COVID-19 outbreak in the United States to constitute a national emergency. (5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. (6) Telehealth services play a critical role in enhancing access to care for patients while simultaneously reducing the risk of exposure to the coronavirus for both patients and providers. (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. (9) Expanded telehealth options are valuable for all Americans during this public health crisis, but especially for high-risk patients and rural Americans who already have difficulty accessing care. SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH SERVICES DURING THE COVID-19 EMERGENCY. (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. (B) A comprehensive list of types of providers that may be reimbursed for such services furnished under such programs during such period, including a list of services which may only be reimbursed under such programs during such period if furnished by such providers in-person. (E) An analysis of the public health impacts of the actions described in subparagraph (A). (2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

SHORT TITLE. This Act may be cited as the ``Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth Options Act of 2021''. 2. FINDINGS. Congress finds the following: (1) On January 21, 2020, the United States confirmed the Nation's first case of the 2019 novel coronavirus (which presents as the disease COVID-19). (6) Telehealth services play a critical role in enhancing access to care for patients while simultaneously reducing the risk of exposure to the coronavirus for both patients and providers. (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH SERVICES DURING THE COVID-19 EMERGENCY. (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. (B) A comprehensive list of types of providers that may be reimbursed for such services furnished under such programs during such period, including a list of services which may only be reimbursed under such programs during such period if furnished by such providers in-person. (E) An analysis of the public health impacts of the actions described in subparagraph (A). (2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth Options Act of 2021''. 2. FINDINGS. Congress finds the following: (1) On January 21, 2020, the United States confirmed the Nation's first case of the 2019 novel coronavirus (which presents as the disease COVID-19). (3) By March, the disease reached the pandemic level according to the World Health Organization, and the President proclaimed the COVID-19 outbreak in the United States to constitute a national emergency. (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. (5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. (6) Telehealth services play a critical role in enhancing access to care for patients while simultaneously reducing the risk of exposure to the coronavirus for both patients and providers. (7) The Administrator expanded access to telehealth services under the public health emergency to all Medicare beneficiaries (including clinician-provided services to new and established patients). (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. (9) Expanded telehealth options are valuable for all Americans during this public health crisis, but especially for high-risk patients and rural Americans who already have difficulty accessing care. SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH SERVICES DURING THE COVID-19 EMERGENCY. (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. (B) A comprehensive list of types of providers that may be reimbursed for such services furnished under such programs during such period, including a list of services which may only be reimbursed under such programs during such period if furnished by such providers in-person. (C) A quantitative analysis of the use of such telehealth services under such programs during such period, including data points on use by rural, minority, low-income, and elderly populations. (D) A quantitative analysis of the use of such services under such programs during such period for mental and behavioral health treatments. (E) An analysis of the public health impacts of the actions described in subparagraph (A). (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). (2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Knowing the Efficiency and Efficacy of Permanent Telehealth Options Act of 2021'' or the ``KEEP Telehealth Options Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 21, 2020, the United States confirmed the Nation's first case of the 2019 novel coronavirus (which presents as the disease COVID-19). (2) On January 31, 2020, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') declared a public health emergency in response to COVID-19. (3) By March, the disease reached the pandemic level according to the World Health Organization, and the President proclaimed the COVID-19 outbreak in the United States to constitute a national emergency. (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. (5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. (6) Telehealth services play a critical role in enhancing access to care for patients while simultaneously reducing the risk of exposure to the coronavirus for both patients and providers. (7) The Administrator expanded access to telehealth services under the public health emergency to all Medicare beneficiaries (including clinician-provided services to new and established patients). (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. (9) Expanded telehealth options are valuable for all Americans during this public health crisis, but especially for high-risk patients and rural Americans who already have difficulty accessing care. SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH SERVICES DURING THE COVID-19 EMERGENCY. (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. (B) A comprehensive list of types of providers that may be reimbursed for such services furnished under such programs during such period, including a list of services which may only be reimbursed under such programs during such period if furnished by such providers in-person. (C) A quantitative analysis of the use of such telehealth services under such programs during such period, including data points on use by rural, minority, low-income, and elderly populations. (D) A quantitative analysis of the use of such services under such programs during such period for mental and behavioral health treatments. (E) An analysis of the public health impacts of the actions described in subparagraph (A). (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). (b) MedPAC and MACPAC.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission, in consultation with the Inspector General of the Department of Health and Human Services, shall each conduct a study and submit to Congress a report on-- (A) any improvements to, or barriers in, access to telehealth services under-- (i) in the case of the report submitted by the Medicare Payment Advisory Commission, the Medicare program; and (ii) in the case of the report submitted by the Medicaid and CHIP Payment and Access Commission, the Medicaid and Children's Health Insurance programs; during the emergency period described in subsection (a)(1); and (B) what is known about any increased risk in increased fraudulent activity, including the types of fraudulent activity, that could be associated with the expansion of access to such services under such programs during such period. (2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B). <all>

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 2) On January 31, 2020, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') declared a public health emergency in response to COVID-19. ( (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. ( 8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. ( (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). ( 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. ( (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 2) On January 31, 2020, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') declared a public health emergency in response to COVID-19. ( (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. ( 8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. ( (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). ( 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. ( (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 2) On January 31, 2020, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') declared a public health emergency in response to COVID-19. ( (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. ( 8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. ( (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). ( 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. ( (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 2) On January 31, 2020, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') declared a public health emergency in response to COVID-19. ( (4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. ( 8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( (a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. ( (2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). ( 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 5) Under this authority, the Secretary, and the Administrator of the Centers for Medicare & Medicaid Services (in this Act referred to as the ``Administrator'') acting under the Secretary's authority, issued numerous rules, regulations, and waivers enabling the expansion of telehealth services during the public health emergency. ( (8) On April 23, 2020, the Administrator released a telehealth toolkit to assist States in expanding the use of telehealth through Medicaid and CHIP. ( a) HHS.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall conduct a study and submit to Congress a report on actions taken by the Secretary during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to telehealth services under the Medicare program, the Medicaid program, and the Children's Health Insurance program. 2) Recommendations.--The reports submitted under paragraph (1) shall include recommendations, as appropriate, on-- (A) potential improvements to telehealth services, and expansions of such services, under the programs described in paragraph (1)(A); and (B) possible approaches to addressing any fraudulent activity described in paragraph (1)(B).

To direct the Secretary of Health and Human Services, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission to conduct studies and report to Congress on actions taken to expand access to telehealth services under the Medicare, Medicaid, and Children's Health Insurance programs during the COVID-19 emergency. 4) This emergency declaration authorizes the Secretary ``to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak''. ( Such report shall include the following: (A) A comprehensive list of telehealth services available under the programs described in paragraph (1) and an explanation of all actions undertaken by the Secretary during the emergency period described in such paragraph to expand access to such services. ( ( 2) Publication of report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish on the public website of the Department of Health and Human Services the report described in paragraph (1). (

11,278

7,076

H.R.1245

Government Operations and Politics

Alice Paul Voter Protection Act This bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote. A violator is subject to criminal penalties—a fine, a prison term of not more than five years, or both. The Election Assistance Commission must develop best practices for states to deter and prevent unlawful interference with voter registration.

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alice Paul Voter Protection Act''. SEC. 2. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: ``612. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF BEST PRACTICES. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''. <all>

Alice Paul Voter Protection Act

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes.

Alice Paul Voter Protection Act

Rep. Kim, Andy

D

NJ

This bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote. A violator is subject to criminal penalties—a fine, a prison term of not more than five years, or both. The Election Assistance Commission must develop best practices for states to deter and prevent unlawful interference with voter registration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alice Paul Voter Protection Act''. 2. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. 3. ESTABLISHMENT OF BEST PRACTICES. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alice Paul Voter Protection Act''. 2. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. 3. ESTABLISHMENT OF BEST PRACTICES. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''.

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alice Paul Voter Protection Act''. SEC. 2. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: ``612. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. SEC. 3. ESTABLISHMENT OF BEST PRACTICES. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''. <all>

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. ( ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. ( ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. ( ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. ( ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (

To amend title 18, United States Code, to prohibit interfering with voter registration, and for other purposes. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.

11,279

14,050

H.R.5357

Transportation and Public Works

Unruly Passenger Restraint Review Act This bill requires the Government Accountability Office to review and recommend ways to improve passenger air carriers' policies, training, and related procedures concerning unruly passengers. It also requires the Federal Aviation Administration to develop, taking into account the review's findings and recommendations, best practices for such procedures.

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) incidents of unruly passenger conduct pose substantial operational and safety risks to passenger air carrier (as defined in section 3(f)) personnel and passengers on board an aircraft; (2) the forcible restraint of unruly passengers, while sometimes necessary, should only occur as a last resort to ensure the safety of passenger air carrier personnel and passengers on board an aircraft; (3) individuals who perpetrate such incidents, especially those that require forcible restraint, should be held fully accountable under all applicable Federal and State laws; (4) particular caution and judgement should be exercised by passenger air carrier personnel when determining whether a situation requires the forcible restraint of an unruly minor passenger or passenger experiencing mental distress; (5) the Federal Aviation Administration, in coordination with appropriate Federal Agencies, should provide guidance and establish procedures for passenger air carrier personnel to address incidents of unruly passenger conduct, including the procedures, equipment, and training requirements for passenger air carrier personnel to-- (A) recognize and respond to an instance of an unruly passenger behavior in a manner that attempts to de-escalate a situation; (B) properly and safely, if necessary, restrain an unruly passenger; (C) appropriately differentiate between unruly conduct from an adult passenger, a minor passenger, and a passenger experiencing mental distress and respond accordingly; (D) facilitate the reporting of such incidents to appropriate law enforcement agencies; (E) communicate expectations of conduct to air carrier passengers; and (F) communicate the rights of air carrier passengers with respect to passenger conduct towards passenger air carrier personnel; and (6) each passenger air carrier should have the procedures, equipment, and training in place to comply with the Federal Aviation Administration's guidance and requirements described in paragraph (5). SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. (b) Considerations.--In carrying out the study required under subsection (a), the Comptroller General shall, at a minimum-- (1) review current passenger air carrier procedures and protocols for responding to unruly passenger behavior; (2) examine current passenger air carrier personnel training requirements as put in place by the Federal Government and programs related to de-escalation techniques for passenger disruptions and provide recommendations for improvement; and (3) review current passenger air carrier and Federal Government procedures for restraining an unruly adult passenger, an unruly minor passenger, and a passenger experiencing mental distress in a situation in which Federal law enforcement is unable to intervene. (c) Report.--Upon completion of the study required under subsection (a), the Comptroller General shall submit to the Committee of Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report on the findings and recommendations of the study. (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. (e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (f) Passenger Air Carrier Defined.--In this Act, the term ``passenger air carrier'' means an air carrier that provides scheduled passenger air transportation. <all>

Unruly Passenger Restraint Review Act

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes.

Unruly Passenger Restraint Review Act

Rep. Van Duyne, Beth

R

TX

This bill requires the Government Accountability Office to review and recommend ways to improve passenger air carriers' policies, training, and related procedures concerning unruly passengers. It also requires the Federal Aviation Administration to develop, taking into account the review's findings and recommendations, best practices for such procedures.

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) incidents of unruly passenger conduct pose substantial operational and safety risks to passenger air carrier (as defined in section 3(f)) personnel and passengers on board an aircraft; (2) the forcible restraint of unruly passengers, while sometimes necessary, should only occur as a last resort to ensure the safety of passenger air carrier personnel and passengers on board an aircraft; (3) individuals who perpetrate such incidents, especially those that require forcible restraint, should be held fully accountable under all applicable Federal and State laws; (4) particular caution and judgement should be exercised by passenger air carrier personnel when determining whether a situation requires the forcible restraint of an unruly minor passenger or passenger experiencing mental distress; (5) the Federal Aviation Administration, in coordination with appropriate Federal Agencies, should provide guidance and establish procedures for passenger air carrier personnel to address incidents of unruly passenger conduct, including the procedures, equipment, and training requirements for passenger air carrier personnel to-- (A) recognize and respond to an instance of an unruly passenger behavior in a manner that attempts to de-escalate a situation; (B) properly and safely, if necessary, restrain an unruly passenger; (C) appropriately differentiate between unruly conduct from an adult passenger, a minor passenger, and a passenger experiencing mental distress and respond accordingly; (D) facilitate the reporting of such incidents to appropriate law enforcement agencies; (E) communicate expectations of conduct to air carrier passengers; and (F) communicate the rights of air carrier passengers with respect to passenger conduct towards passenger air carrier personnel; and (6) each passenger air carrier should have the procedures, equipment, and training in place to comply with the Federal Aviation Administration's guidance and requirements described in paragraph (5). SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. (e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (f) Passenger Air Carrier Defined.--In this Act, the term ``passenger air carrier'' means an air carrier that provides scheduled passenger air transportation.

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. 2. SENSE OF CONGRESS. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. (e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (f) Passenger Air Carrier Defined.--In this Act, the term ``passenger air carrier'' means an air carrier that provides scheduled passenger air transportation.

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) incidents of unruly passenger conduct pose substantial operational and safety risks to passenger air carrier (as defined in section 3(f)) personnel and passengers on board an aircraft; (2) the forcible restraint of unruly passengers, while sometimes necessary, should only occur as a last resort to ensure the safety of passenger air carrier personnel and passengers on board an aircraft; (3) individuals who perpetrate such incidents, especially those that require forcible restraint, should be held fully accountable under all applicable Federal and State laws; (4) particular caution and judgement should be exercised by passenger air carrier personnel when determining whether a situation requires the forcible restraint of an unruly minor passenger or passenger experiencing mental distress; (5) the Federal Aviation Administration, in coordination with appropriate Federal Agencies, should provide guidance and establish procedures for passenger air carrier personnel to address incidents of unruly passenger conduct, including the procedures, equipment, and training requirements for passenger air carrier personnel to-- (A) recognize and respond to an instance of an unruly passenger behavior in a manner that attempts to de-escalate a situation; (B) properly and safely, if necessary, restrain an unruly passenger; (C) appropriately differentiate between unruly conduct from an adult passenger, a minor passenger, and a passenger experiencing mental distress and respond accordingly; (D) facilitate the reporting of such incidents to appropriate law enforcement agencies; (E) communicate expectations of conduct to air carrier passengers; and (F) communicate the rights of air carrier passengers with respect to passenger conduct towards passenger air carrier personnel; and (6) each passenger air carrier should have the procedures, equipment, and training in place to comply with the Federal Aviation Administration's guidance and requirements described in paragraph (5). SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. (b) Considerations.--In carrying out the study required under subsection (a), the Comptroller General shall, at a minimum-- (1) review current passenger air carrier procedures and protocols for responding to unruly passenger behavior; (2) examine current passenger air carrier personnel training requirements as put in place by the Federal Government and programs related to de-escalation techniques for passenger disruptions and provide recommendations for improvement; and (3) review current passenger air carrier and Federal Government procedures for restraining an unruly adult passenger, an unruly minor passenger, and a passenger experiencing mental distress in a situation in which Federal law enforcement is unable to intervene. (c) Report.--Upon completion of the study required under subsection (a), the Comptroller General shall submit to the Committee of Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report on the findings and recommendations of the study. (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. (e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (f) Passenger Air Carrier Defined.--In this Act, the term ``passenger air carrier'' means an air carrier that provides scheduled passenger air transportation. <all>

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. ( a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. ( e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. ( a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. ( e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. ( a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. ( e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. ( a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. ( e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. This Act may be cited as the ``Unruly Passenger Restraint Review Act''. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. (

To ensure the effective response by passenger air carrier personnel to an unruly passenger on an aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. ( a) In General.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study to review current passenger air carrier procedures related to unruly passengers, including all policies, training, and equipment requirements put in place by the Federal Government and provide recommendations to address and mitigate the impacts of such incidents, including significant operational disruptions, safety risks, and the need to restrain a disruptive passenger aboard an aircraft. ( (d) Best Practices.--Not later than 1 year after the completion of the study required under subsection (a), the Administrator of the Federal Aviation Administration shall-- (1) develop, in consultation with passenger air carriers and labor unions representing passenger air carrier personnel, best practices to address and mitigate the impacts of unruly passenger incidents; and (2) take the findings and recommendations of the report submitted under subsection (c) into consideration when developing such best practices. ( e) Consultation.--In developing best practices under subsection (d), the Administrator shall consult with the heads of such other Federal agencies as the Administrator determines appropriate. (

11,280

11,551

H.R.2359

Public Lands and Natural Resources

This bill directs the Department of the Interior to conduct a study to assess the suitability and feasibility of designating the study area in a border region of Texas as the Los Caminos del Rio National Heritage Corridor. The study area includes (1) the portion of the Rio Grande River and surrounding areas as generally depicted on the map titled Los Caminos del Rio National Heritage Corridor and dated April 2020; and (2) any other areas in Texas that have a shared heritage with the areas depicted on the map and are adjacent to, or in the vicinity of, those areas.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LOS CAMINOS DEL RIO. (a) Definitions.--In this section: (1) Corridor.--The term ``Corridor'' means the Los Caminos del Rio National Heritage Corridor. (2) Map.--The term ``map'' means the map titled ``Los Caminos del Rio National Heritage Corridor'' and dated April 2020. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Study area.--The term ``study area'' means the study area described in subsection (b)(2). (b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. (2) Study area.--The study area includes-- (A) the portion of the Rio Grande River and surrounding areas, as generally depicted on the map; and (B) any other areas in the State of Texas that-- (i) have a shared heritage with the areas depicted on the map described in subparagraph (A); and (ii) are adjacent to, or in the vicinity of, those areas. (3) Requirements.--The study shall include analysis, documentation, and determinations on whether the study area-- (A) has an assemblage of natural, historic, and cultural resources that-- (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use by residents and visitors; and (iii) would be best managed-- (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities that share a common heritage; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides-- (i) outstanding opportunities to conserve natural, historic, cultural, or scenic features; and (ii) outstanding recreational and educational and cultural tourism opportunities; (D) contains resources that-- (i) are important to any identified themes of the study area; and (ii) retain a degree of integrity capable of supporting interpretation; (E) includes residents, business interests, nonprofit organizations, including museums and heritage organizations, and State and local governments that-- (i) are involved in the planning of the Corridor; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; and (iii) have demonstrated support for the designation of the Corridor; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary. <all>

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes.

Rep. Cuellar, Henry

D

TX

This bill directs the Department of the Interior to conduct a study to assess the suitability and feasibility of designating the study area in a border region of Texas as the Los Caminos del Rio National Heritage Corridor. The study area includes (1) the portion of the Rio Grande River and surrounding areas as generally depicted on the map titled Los Caminos del Rio National Heritage Corridor and dated April 2020; and (2) any other areas in Texas that have a shared heritage with the areas depicted on the map and are adjacent to, or in the vicinity of, those areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LOS CAMINOS DEL RIO. (a) Definitions.--In this section: (1) Corridor.--The term ``Corridor'' means the Los Caminos del Rio National Heritage Corridor. (2) Map.--The term ``map'' means the map titled ``Los Caminos del Rio National Heritage Corridor'' and dated April 2020. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Study area.--The term ``study area'' means the study area described in subsection (b)(2). (b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. (3) Requirements.--The study shall include analysis, documentation, and determinations on whether the study area-- (A) has an assemblage of natural, historic, and cultural resources that-- (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use by residents and visitors; and (iii) would be best managed-- (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities that share a common heritage; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides-- (i) outstanding opportunities to conserve natural, historic, cultural, or scenic features; and (ii) outstanding recreational and educational and cultural tourism opportunities; (D) contains resources that-- (i) are important to any identified themes of the study area; and (ii) retain a degree of integrity capable of supporting interpretation; (E) includes residents, business interests, nonprofit organizations, including museums and heritage organizations, and State and local governments that-- (i) are involved in the planning of the Corridor; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; and (iii) have demonstrated support for the designation of the Corridor; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

LOS CAMINOS DEL RIO. (a) Definitions.--In this section: (1) Corridor.--The term ``Corridor'' means the Los Caminos del Rio National Heritage Corridor. (2) Map.--The term ``map'' means the map titled ``Los Caminos del Rio National Heritage Corridor'' and dated April 2020. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Study area.--The term ``study area'' means the study area described in subsection (b)(2). (b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LOS CAMINOS DEL RIO. (a) Definitions.--In this section: (1) Corridor.--The term ``Corridor'' means the Los Caminos del Rio National Heritage Corridor. (2) Map.--The term ``map'' means the map titled ``Los Caminos del Rio National Heritage Corridor'' and dated April 2020. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Study area.--The term ``study area'' means the study area described in subsection (b)(2). (b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. (2) Study area.--The study area includes-- (A) the portion of the Rio Grande River and surrounding areas, as generally depicted on the map; and (B) any other areas in the State of Texas that-- (i) have a shared heritage with the areas depicted on the map described in subparagraph (A); and (ii) are adjacent to, or in the vicinity of, those areas. (3) Requirements.--The study shall include analysis, documentation, and determinations on whether the study area-- (A) has an assemblage of natural, historic, and cultural resources that-- (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use by residents and visitors; and (iii) would be best managed-- (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities that share a common heritage; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides-- (i) outstanding opportunities to conserve natural, historic, cultural, or scenic features; and (ii) outstanding recreational and educational and cultural tourism opportunities; (D) contains resources that-- (i) are important to any identified themes of the study area; and (ii) retain a degree of integrity capable of supporting interpretation; (E) includes residents, business interests, nonprofit organizations, including museums and heritage organizations, and State and local governments that-- (i) are involved in the planning of the Corridor; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; and (iii) have demonstrated support for the designation of the Corridor; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary. <all>

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

To authorize the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating certain lands as the Los Caminos del Rio National Heritage Corridor, and for other purposes. b) Study.-- (1) In general.--The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, State natural resource agencies, and other appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Los Caminos del Rio National Heritage Corridor. ( (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, 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-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary.

11,281

11,532

H.R.4632

International Affairs

Passport Backlog Elimination Act This bill requires the Department of State to submit and implement a plan containing specified actionable strategies to eliminate the backlog of passport applications that is due to the COVID-19 pandemic.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport Backlog Elimination Act''. SEC. 2. PLAN TO ELIMINATE PASSPORT APPLICATION BACKLOG. (a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. (b) Actionable Strategies.--The actionable strategies described in this subsection are to-- (1) eliminate the backlog of at least 1.4 million passport applications; (2) establish a timeline for the elimination of such backlog; and (3) ensure-- (A) that the expected processing time for-- (i) routine passport applications is between six and eight weeks; (ii) expedited passport applications is between two to three weeks; and (iii) expedited passport applications for Federal Government personnel is not more than eight business days; (B) the safety of Department of State personnel and customers and compliance with all applicable Federal, State, and local health and social distancing guidelines; and (C) the ability for expedited service for applicants requiring a passport for purposes related to their employment. (c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. (d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. (f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate. <all>

Passport Backlog Elimination Act

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes.

Passport Backlog Elimination Act

Rep. Connolly, Gerald E.

D

VA

This bill requires the Department of State to submit and implement a plan containing specified actionable strategies to eliminate the backlog of passport applications that is due to the COVID-19 pandemic.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport Backlog Elimination Act''. SEC. 2. PLAN TO ELIMINATE PASSPORT APPLICATION BACKLOG. (a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. (b) Actionable Strategies.--The actionable strategies described in this subsection are to-- (1) eliminate the backlog of at least 1.4 million passport applications; (2) establish a timeline for the elimination of such backlog; and (3) ensure-- (A) that the expected processing time for-- (i) routine passport applications is between six and eight weeks; (ii) expedited passport applications is between two to three weeks; and (iii) expedited passport applications for Federal Government personnel is not more than eight business days; (B) the safety of Department of State personnel and customers and compliance with all applicable Federal, State, and local health and social distancing guidelines; and (C) the ability for expedited service for applicants requiring a passport for purposes related to their employment. (c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. (d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. (f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate. <all>

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport Backlog Elimination Act''. SEC. 2. PLAN TO ELIMINATE PASSPORT APPLICATION BACKLOG. (b) Actionable Strategies.--The actionable strategies described in this subsection are to-- (1) eliminate the backlog of at least 1.4 million passport applications; (2) establish a timeline for the elimination of such backlog; and (3) ensure-- (A) that the expected processing time for-- (i) routine passport applications is between six and eight weeks; (ii) expedited passport applications is between two to three weeks; and (iii) expedited passport applications for Federal Government personnel is not more than eight business days; (B) the safety of Department of State personnel and customers and compliance with all applicable Federal, State, and local health and social distancing guidelines; and (C) the ability for expedited service for applicants requiring a passport for purposes related to their employment. (d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. (f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport Backlog Elimination Act''. SEC. 2. PLAN TO ELIMINATE PASSPORT APPLICATION BACKLOG. (a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. (b) Actionable Strategies.--The actionable strategies described in this subsection are to-- (1) eliminate the backlog of at least 1.4 million passport applications; (2) establish a timeline for the elimination of such backlog; and (3) ensure-- (A) that the expected processing time for-- (i) routine passport applications is between six and eight weeks; (ii) expedited passport applications is between two to three weeks; and (iii) expedited passport applications for Federal Government personnel is not more than eight business days; (B) the safety of Department of State personnel and customers and compliance with all applicable Federal, State, and local health and social distancing guidelines; and (C) the ability for expedited service for applicants requiring a passport for purposes related to their employment. (c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. (d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. (f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate. <all>

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. ( d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. ( d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. ( d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. ( d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID-19 pandemic, and for other purposes. a) In General.--Not later than 30 days after the date of the enactment of this Act or October 30, 2021, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit to such committees a plan, including the actionable strategies described in subsection (b), to ensure the current backlog of passport applications due to the COVID-19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. c) Implementation.--Not later than 30 days after the submission of the plan required under subsection (a), the Secretary of State shall begin implementation of the plan to eliminate the backlog of passport applications due to the COVID-19 pandemic. ( d) Inspector General Audit.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to Congress an audit on the elimination of the passport application backlog required by the plan required under subsection (a), and the Department's actionable strategies described in subsection (b). (e) Application.--If by September 30, 2021, all passport applications received prior to June 15, 2021, have been processed and the Department of State has resumed accepting passport applications for routine and expedited processing, the provisions of this section shall not apply. ( f) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

11,282

13,195

H.R.4818

Government Operations and Politics

National Digital Reserve Corps Act This bill provides statutory authority for the National Digital Reserve Corps in the General Services Administration (GSA) to help address the digital and cybersecurity needs of executive agencies. The GSA shall issue guidance for the corps, including procedures for coordinating with such agencies to (1) identify digital and cybersecurity needs which may be addressed by the corps, and (2) assign active reservists to address such needs. The GSA must (1) begin recruiting reservists and assigning activities to reservists under the program within one year of this bill's enactment, and (2) report to Congress at specified intervals. The GSA may pay for reservists to acquire training and receive continuing education.

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Digital Reserve Corps Act''. SEC. 2. NATIONAL DIGITAL RESERVE CORPS. (a) In General.--Subpart I of part III of title 5, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 103--NATIONAL DIGITAL RESERVE CORPS ``Sec. 10301. Definitions. ``Sec. 10302. Establishment. ``Sec. 10303. Organization. ``Sec. 10304. Assignments. ``Sec. 10305. Reservist continuing education. ``Sec. 10306. Congressional reports. ``SEC. 10301. DEFINITIONS. ``In this chapter: ``(1) Active reservist.--The term `active reservist' means a reservist holding a position to which such reservist has been appointed under section 10303(c)(2). ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(3) Program.--The term `Program' means the program established under section 10302(a). ``(4) Reservist.--The term `reservist' means an individual who is a member of the National Digital Reserve Corps. ``SEC. 10302. ESTABLISHMENT. ``(a) Establishment.--There is established in the General Services Administration a program to establish, manage, and assign a reserve of individuals with relevant skills and credentials, to be know as the `National Digital Reserve Corps', to help address the digital and cybersecurity needs of Executive agencies. ``(b) Implementation.-- ``(1) Guidance.--Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with Executive agencies to-- ``(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and ``(B) assign active reservists to address such needs. ``(2) Recruitment and initial assignments.--Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program. ``SEC. 10303. ORGANIZATION. ``(a) Administration.-- ``(1) In general.--The National Digital Reserve Corps shall be administered by the Administrator. ``(2) Responsibilities.--In carrying out the Program, the Administrator shall-- ``(A) establish standards for serving as a reservist, including educational attainment, professional qualifications, and background checks; ``(B) ensure the standards established under subparagraph (A) are met; ``(C) recruit individuals to the National Digital Reserve Corps; ``(D) activate and deactivate reservists as necessary; ``(E) coordinate with Executive agencies to-- ``(i) determine the digital and cybersecurity needs which reservists shall be assigned to address; ``(ii) ensure reservists have access, resources, and equipment required to address digital and cybersecurity needs which such reservists are assigned to address; and ``(iii) analyze potential assignments for reservists to determine outcomes, develop anticipated assignment timelines, and identify Executive agency partners; ``(F) ensure reservists acquire and maintain appropriate security clearances; and ``(G) determine what additional resources, if any, are required to successfully implement the Program. ``(b) National Digital Reserve Corps Participation.-- ``(1) Service obligation agreement.-- ``(A) In general.--An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(4) Penalties.-- ``(A) In general.--A reservist that fails to accept an appointment under subsection (c)(2) or fails to carry out the duties assigned to reservist under such an appointment shall, after notice and an opportunity to be heard-- ``(i) cease to be a reservist; and ``(ii) be fined an amount equal to the sum of-- ``(I) an amount equal to the amounts, if any, paid under section 10305 with respect to such reservist, and ``(II) the difference between the amount of compensation such reservist would have received if the reservist completed the entire term of service as a reservist agreed to in the agreement described in paragraph (1) and the amount of compensation such reservist has received under such agreement. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(2) Corps reservists.-- ``(A) In general.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328), qualified reservists to temporary positions in the competitive service for the purpose of assigning such reservists under section 10304 and to otherwise carry out the National Digital Reserve Corps. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(ii) Automatic appointment termination.-- The appointment of an individual under this paragraph shall terminate upon such individual being employed as an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for 130 days during the previous 365 days. ``(C) Employee status.--An individual appointed under this paragraph shall be considered a special Government employee (as such term is defined in section 202(a) of title 18). ``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration. ``SEC. 10304. ASSIGNMENTS. ``(a) In General.--The Administrator may assign active reservists to address the digital and cybersecurity needs of Executive agencies, including cybersecurity services, digital education and training, data triage, acquisition assistance, guidance on digital projects, development of technical solutions, and bridging public needs and private sector capabilities. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(c) Duration.--An assignment of an individual under subsection (a) shall terminate on the earlier of-- ``(1) the date determined by the Administrator; ``(2) the date on which the Administrator receives notification of the decision of the head of the Executive agency, the digital or cybersecurity needs of which such individual is assigned to address under subsection (a), that such assignment should terminate; or ``(3) the date on which the assigned individual ceases to be an active reservist. ``SEC. 10305. RESERVIST CONTINUING EDUCATION. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. ``(b) Application.--The Administrator shall establish a process for reservists to apply for the payment of reasonable expenses related to the training or continuing education described in subsection (a). ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection. ``SEC. 10306. CONGRESSIONAL REPORTS. ``Not later than two years after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the Program, including-- ``(1) the number of reservists; ``(2) a list of Executive agencies that have submitted requests for support from the National Digital Reserve Corps; ``(3) the nature and status of such requests; and ``(4) with respect to each such request to which active reservists have been assigned and for which work by the National Digital Reserve Corps has concluded, an evaluation of such work and the results of such work by-- ``(A) the Executive agency that submitted the request; and ``(B) the reservists assigned to such request.''. (b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103. National Digital Reserve Corps....................... 10303''. (c) Authorization of Appropriations.--There is authorized to be appropriated $30,000,000, to remain available until fiscal year 2023, to carry out the program established under section 10302(a) of title 5, United States Code, as added by this Act. <all>

National Digital Reserve Corps Act

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes.

National Digital Reserve Corps Act

Rep. Gonzales, Tony

R

TX

This bill provides statutory authority for the National Digital Reserve Corps in the General Services Administration (GSA) to help address the digital and cybersecurity needs of executive agencies. The GSA shall issue guidance for the corps, including procedures for coordinating with such agencies to (1) identify digital and cybersecurity needs which may be addressed by the corps, and (2) assign active reservists to address such needs. The GSA must (1) begin recruiting reservists and assigning activities to reservists under the program within one year of this bill's enactment, and (2) report to Congress at specified intervals. The GSA may pay for reservists to acquire training and receive continuing education.

SHORT TITLE. NATIONAL DIGITAL RESERVE CORPS. Definitions. Establishment. Organization. Assignments. Reservist continuing education. ``Sec. Congressional reports. 10301. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(3) Program.--The term `Program' means the program established under section 10302(a). 10303. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. 10304. ``(c) Duration.--An assignment of an individual under subsection (a) shall terminate on the earlier of-- ``(1) the date determined by the Administrator; ``(2) the date on which the Administrator receives notification of the decision of the head of the Executive agency, the digital or cybersecurity needs of which such individual is assigned to address under subsection (a), that such assignment should terminate; or ``(3) the date on which the assigned individual ceases to be an active reservist. 10305. ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection. 10306. (b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103.

SHORT TITLE. NATIONAL DIGITAL RESERVE CORPS. Definitions. Establishment. Organization. Assignments. Reservist continuing education. ``Sec. Congressional reports. 10301. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(3) Program.--The term `Program' means the program established under section 10302(a). 10303. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. 10304. ``(c) Duration.--An assignment of an individual under subsection (a) shall terminate on the earlier of-- ``(1) the date determined by the Administrator; ``(2) the date on which the Administrator receives notification of the decision of the head of the Executive agency, the digital or cybersecurity needs of which such individual is assigned to address under subsection (a), that such assignment should terminate; or ``(3) the date on which the assigned individual ceases to be an active reservist. 10305. ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection. 10306. (b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103.

SHORT TITLE. This Act may be cited as the ``National Digital Reserve Corps Act''. NATIONAL DIGITAL RESERVE CORPS. Definitions. Establishment. Organization. Assignments. Reservist continuing education. ``Sec. Congressional reports. 10301. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(3) Program.--The term `Program' means the program established under section 10302(a). 10303. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(4) Penalties.-- ``(A) In general.--A reservist that fails to accept an appointment under subsection (c)(2) or fails to carry out the duties assigned to reservist under such an appointment shall, after notice and an opportunity to be heard-- ``(i) cease to be a reservist; and ``(ii) be fined an amount equal to the sum of-- ``(I) an amount equal to the amounts, if any, paid under section 10305 with respect to such reservist, and ``(II) the difference between the amount of compensation such reservist would have received if the reservist completed the entire term of service as a reservist agreed to in the agreement described in paragraph (1) and the amount of compensation such reservist has received under such agreement. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. 10304. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(c) Duration.--An assignment of an individual under subsection (a) shall terminate on the earlier of-- ``(1) the date determined by the Administrator; ``(2) the date on which the Administrator receives notification of the decision of the head of the Executive agency, the digital or cybersecurity needs of which such individual is assigned to address under subsection (a), that such assignment should terminate; or ``(3) the date on which the assigned individual ceases to be an active reservist. 10305. ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection. 10306. ``Not later than two years after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the Program, including-- ``(1) the number of reservists; ``(2) a list of Executive agencies that have submitted requests for support from the National Digital Reserve Corps; ``(3) the nature and status of such requests; and ``(4) with respect to each such request to which active reservists have been assigned and for which work by the National Digital Reserve Corps has concluded, an evaluation of such work and the results of such work by-- ``(A) the Executive agency that submitted the request; and ``(B) the reservists assigned to such request.''. (b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Digital Reserve Corps Act''. NATIONAL DIGITAL RESERVE CORPS. Definitions. Establishment. Organization. Assignments. Reservist continuing education. ``Sec. Congressional reports. 10301. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(3) Program.--The term `Program' means the program established under section 10302(a). 10303. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(4) Penalties.-- ``(A) In general.--A reservist that fails to accept an appointment under subsection (c)(2) or fails to carry out the duties assigned to reservist under such an appointment shall, after notice and an opportunity to be heard-- ``(i) cease to be a reservist; and ``(ii) be fined an amount equal to the sum of-- ``(I) an amount equal to the amounts, if any, paid under section 10305 with respect to such reservist, and ``(II) the difference between the amount of compensation such reservist would have received if the reservist completed the entire term of service as a reservist agreed to in the agreement described in paragraph (1) and the amount of compensation such reservist has received under such agreement. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(2) Corps reservists.-- ``(A) In general.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328), qualified reservists to temporary positions in the competitive service for the purpose of assigning such reservists under section 10304 and to otherwise carry out the National Digital Reserve Corps. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(C) Employee status.--An individual appointed under this paragraph shall be considered a special Government employee (as such term is defined in section 202(a) of title 18). 10304. ``(a) In General.--The Administrator may assign active reservists to address the digital and cybersecurity needs of Executive agencies, including cybersecurity services, digital education and training, data triage, acquisition assistance, guidance on digital projects, development of technical solutions, and bridging public needs and private sector capabilities. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(c) Duration.--An assignment of an individual under subsection (a) shall terminate on the earlier of-- ``(1) the date determined by the Administrator; ``(2) the date on which the Administrator receives notification of the decision of the head of the Executive agency, the digital or cybersecurity needs of which such individual is assigned to address under subsection (a), that such assignment should terminate; or ``(3) the date on which the assigned individual ceases to be an active reservist. 10305. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. ``(b) Application.--The Administrator shall establish a process for reservists to apply for the payment of reasonable expenses related to the training or continuing education described in subsection (a). ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection. 10306. ``Not later than two years after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the Program, including-- ``(1) the number of reservists; ``(2) a list of Executive agencies that have submitted requests for support from the National Digital Reserve Corps; ``(3) the nature and status of such requests; and ``(4) with respect to each such request to which active reservists have been assigned and for which work by the National Digital Reserve Corps has concluded, an evaluation of such work and the results of such work by-- ``(A) the Executive agency that submitted the request; and ``(B) the reservists assigned to such request.''. (b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103.

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(4) Reservist.--The term `reservist' means an individual who is a member of the National Digital Reserve Corps. ``(b) Implementation.-- ``(1) Guidance.--Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with Executive agencies to-- ``(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and ``(B) assign active reservists to address such needs. ``(2) Recruitment and initial assignments.--Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program. ``(b) National Digital Reserve Corps Participation.-- ``(1) Service obligation agreement.-- ``(A) In general.--An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103. National Digital Reserve Corps....................... 10303''. (

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(2) Recruitment and initial assignments.--Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program. ``(b) National Digital Reserve Corps Participation.-- ``(1) Service obligation agreement.-- ``(A) In general.--An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection.

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(4) Reservist.--The term `reservist' means an individual who is a member of the National Digital Reserve Corps. ``(b) Implementation.-- ``(1) Guidance.--Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with Executive agencies to-- ``(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and ``(B) assign active reservists to address such needs. ``(2) Recruitment and initial assignments.--Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program. ``(b) National Digital Reserve Corps Participation.-- ``(1) Service obligation agreement.-- ``(A) In general.--An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103. National Digital Reserve Corps....................... 10303''. (

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(2) Recruitment and initial assignments.--Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program. ``(b) National Digital Reserve Corps Participation.-- ``(1) Service obligation agreement.-- ``(A) In general.--An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. ``(c) Report.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection.

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(2) Administrator.--The term `Administrator' means the Administrator of the General Services Administration. ``(4) Reservist.--The term `reservist' means an individual who is a member of the National Digital Reserve Corps. ``(b) Implementation.-- ``(1) Guidance.--Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with Executive agencies to-- ``(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and ``(B) assign active reservists to address such needs. ``(2) Recruitment and initial assignments.--Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program. ``(b) National Digital Reserve Corps Participation.-- ``(1) Service obligation agreement.-- ``(A) In general.--An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(2) Compensation.--The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(B) Exception.--Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if-- ``(i) the failure was due to the death or disability of such reservist; or ``(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(B) Appointment limits.-- ``(i) In general.--The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days. ``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. b) Clerical Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 102 the following new item: ``103. National Digital Reserve Corps....................... 10303''. (

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies.

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(b) Implementation.-- ``(1) Guidance.--Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with Executive agencies to-- ``(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and ``(B) assign active reservists to address such needs. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. National Digital Reserve Corps....................... 10303''. (

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(b) Assignment-Specific Access, Resources, Supplies, or Equipment.--The head of an Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies.

To amend title 5, United States Code, to establish a National Digital Reserve Corps to help address the digital and cybersecurity needs of Executive agencies, and for other purposes. ``(b) Implementation.-- ``(1) Guidance.--Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with Executive agencies to-- ``(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and ``(B) assign active reservists to address such needs. ``(B) Contents.--The agreement under subparagraph (A) shall-- ``(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and ``(ii) set forth all other the rights and obligations of the individual and the General Services Administration. ``(3) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38. ``(c) Hiring Authority.-- ``(1) Corps leadership.--The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator. ``(D) Additional employees.--Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration. ``(a) In General.--Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of Executive agencies. National Digital Reserve Corps....................... 10303''. (

11,283

5,194

S.4120

Health

Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022 or the Childhood Cancer STAR Reauthorization Act This act reauthorizes through FY2028 and modifies pediatric cancer research and related programs, including to expand collection of and access to relevant biospecimens and to support the transition of pediatric cancer survivors to primary care.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. 6262]] Public Law 117-350 117th Congress An Act To maximize discovery, and accelerate development and availability, of promising childhood cancer treatments, and for other purposes. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022.>> SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE. This Act may be cited as the ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022'' or the ``Childhood Cancer STAR Reauthorization Act''. SEC. 2. REAUTHORIZING AND IMPROVING THE CHILDHOOD STAR ACT. (a) Children's Cancer Biorepositories.--Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by inserting before the period at the end of the second sentence the following: ``, such as collected samples of both solid tumor cancer and paired samples''; (B) in paragraph (9), by striking ``Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018'' and inserting ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; (C) by redesignating paragraph (10) as paragraph (11); and (D) by inserting after paragraph (9) the following: ``(10) Report on researcher access to children's cancer biorepository samples.--Not later than 2 years after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022, the Director of NIH shall-- ``(A) <<NOTE: Review.>> conduct a review of the procedures established under paragraph (2)(C) and other policies or procedures related to researcher access to such biospecimens to identify any opportunities to reduce administrative burden, consistent with paragraph (2)(D), in a manner that protects personal privacy to the extent required by applicable Federal and State privacy law, at a minimum; and ``(B) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the review under subparagraph (A) and whether the Director of NIH plans to make any changes to the policies or procedures considered in such review, based on such findings.''; and [[Page 136 STAT. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note.>> is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Pilot Programs to Explore'' and inserting ``Research to Evaluate'' (B) in paragraph (1)-- (i) by striking ``may make awards to eligible entities to establish pilot programs'' and inserting ``shall, as appropriate, make awards to eligible entities to conduct or support research''; (ii) by striking ``model systems'' and inserting ``approaches''; (iii) by inserting ``and adolescent'' after ``childhood''; and (iv) by striking ``evaluation of models for''; (C) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``within the existing peer review process,'' after ``practicable,''; and (ii) in subparagraph (B)(v), by striking ``in treating survivors of childhood cancers'' and inserting ``in carrying out the activities described in paragraph (1)''; and (D) in paragraph (3)(B)(v), by striking ``design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers'' and inserting ``design tools to support the secure electronic transfer of treatment information and care summaries between health care providers or, as applicable and appropriate, longitudinal childhood cancer survivorship cohorts''; and (2) in subsection (b)-- (A) in each of paragraphs (1) and (2), by striking ``date of enactment of this Act'' and inserting ``date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (C); (ii) by redesignating subparagraph (B) as subparagraph (A); and (iii) by adding at the end the following: ``(B) recommendations for enhancing or promoting activities of the Department of Health and Human Services related to workforce development for health care providers [[Page 136 STAT. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4120: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 20, considered and passed Senate. Dec. 22, considered and passed House. <all>

Childhood Cancer STAR Reauthorization Act

A bill to maximize discovery, and accelerate development and availability, of promising childhood cancer treatments, and for other purposes.

Childhood Cancer STAR Reauthorization Act Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022 Childhood Cancer STAR Reauthorization Act Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022

Sen. Reed, Jack

D

RI

This act reauthorizes through FY2028 and modifies pediatric cancer research and related programs, including to expand collection of and access to relevant biospecimens and to support the transition of pediatric cancer survivors to primary care.

6262]] Public Law 117-350 117th Congress An Act To maximize discovery, and accelerate development and availability, of promising childhood cancer treatments, and for other purposes. <<NOTE: 42 USC 201 note.>> SHORT TITLE. This Act may be cited as the ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022'' or the ``Childhood Cancer STAR Reauthorization Act''. SEC. 2. ''; and [[Page 136 STAT. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note.>> is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Pilot Programs to Explore'' and inserting ``Research to Evaluate'' (B) in paragraph (1)-- (i) by striking ``may make awards to eligible entities to establish pilot programs'' and inserting ``shall, as appropriate, make awards to eligible entities to conduct or support research''; (ii) by striking ``model systems'' and inserting ``approaches''; (iii) by inserting ``and adolescent'' after ``childhood''; and (iv) by striking ``evaluation of models for''; (C) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``within the existing peer review process,'' after ``practicable,''; and (ii) in subparagraph (B)(v), by striking ``in treating survivors of childhood cancers'' and inserting ``in carrying out the activities described in paragraph (1)''; and (D) in paragraph (3)(B)(v), by striking ``design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers'' and inserting ``design tools to support the secure electronic transfer of treatment information and care summaries between health care providers or, as applicable and appropriate, longitudinal childhood cancer survivorship cohorts''; and (2) in subsection (b)-- (A) in each of paragraphs (1) and (2), by striking ``date of enactment of this Act'' and inserting ``date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (C); (ii) by redesignating subparagraph (B) as subparagraph (A); and (iii) by adding at the end the following: ``(B) recommendations for enhancing or promoting activities of the Department of Health and Human Services related to workforce development for health care providers [[Page 136 STAT. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4120: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Dec. 22, considered and passed House.

<<NOTE: 42 USC 201 note.>> SHORT TITLE. This Act may be cited as the ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022'' or the ``Childhood Cancer STAR Reauthorization Act''. 2. ''; and [[Page 136 STAT. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note.>> is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Pilot Programs to Explore'' and inserting ``Research to Evaluate'' (B) in paragraph (1)-- (i) by striking ``may make awards to eligible entities to establish pilot programs'' and inserting ``shall, as appropriate, make awards to eligible entities to conduct or support research''; (ii) by striking ``model systems'' and inserting ``approaches''; (iii) by inserting ``and adolescent'' after ``childhood''; and (iv) by striking ``evaluation of models for''; (C) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``within the existing peer review process,'' after ``practicable,''; and (ii) in subparagraph (B)(v), by striking ``in treating survivors of childhood cancers'' and inserting ``in carrying out the activities described in paragraph (1)''; and (D) in paragraph (3)(B)(v), by striking ``design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers'' and inserting ``design tools to support the secure electronic transfer of treatment information and care summaries between health care providers or, as applicable and appropriate, longitudinal childhood cancer survivorship cohorts''; and (2) in subsection (b)-- (A) in each of paragraphs (1) and (2), by striking ``date of enactment of this Act'' and inserting ``date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (C); (ii) by redesignating subparagraph (B) as subparagraph (A); and (iii) by adding at the end the following: ``(B) recommendations for enhancing or promoting activities of the Department of Health and Human Services related to workforce development for health care providers [[Page 136 STAT. LEGISLATIVE HISTORY--S. 4120: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Dec. 22, considered and passed House.

6262]] Public Law 117-350 117th Congress An Act To maximize discovery, and accelerate development and availability, of promising childhood cancer treatments, and for other purposes. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022.>> SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE. This Act may be cited as the ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022'' or the ``Childhood Cancer STAR Reauthorization Act''. SEC. 2. REAUTHORIZING AND IMPROVING THE CHILDHOOD STAR ACT. (a) Children's Cancer Biorepositories.--Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by inserting before the period at the end of the second sentence the following: ``, such as collected samples of both solid tumor cancer and paired samples''; (B) in paragraph (9), by striking ``Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018'' and inserting ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; (C) by redesignating paragraph (10) as paragraph (11); and (D) by inserting after paragraph (9) the following: ``(10) Report on researcher access to children's cancer biorepository samples.--Not later than 2 years after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022, the Director of NIH shall-- ``(A) <<NOTE: Review.>> conduct a review of the procedures established under paragraph (2)(C) and other policies or procedures related to researcher access to such biospecimens to identify any opportunities to reduce administrative burden, consistent with paragraph (2)(D), in a manner that protects personal privacy to the extent required by applicable Federal and State privacy law, at a minimum; and ``(B) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the review under subparagraph (A) and whether the Director of NIH plans to make any changes to the policies or procedures considered in such review, based on such findings. ''; and [[Page 136 STAT. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note.>> is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Pilot Programs to Explore'' and inserting ``Research to Evaluate'' (B) in paragraph (1)-- (i) by striking ``may make awards to eligible entities to establish pilot programs'' and inserting ``shall, as appropriate, make awards to eligible entities to conduct or support research''; (ii) by striking ``model systems'' and inserting ``approaches''; (iii) by inserting ``and adolescent'' after ``childhood''; and (iv) by striking ``evaluation of models for''; (C) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``within the existing peer review process,'' after ``practicable,''; and (ii) in subparagraph (B)(v), by striking ``in treating survivors of childhood cancers'' and inserting ``in carrying out the activities described in paragraph (1)''; and (D) in paragraph (3)(B)(v), by striking ``design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers'' and inserting ``design tools to support the secure electronic transfer of treatment information and care summaries between health care providers or, as applicable and appropriate, longitudinal childhood cancer survivorship cohorts''; and (2) in subsection (b)-- (A) in each of paragraphs (1) and (2), by striking ``date of enactment of this Act'' and inserting ``date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (C); (ii) by redesignating subparagraph (B) as subparagraph (A); and (iii) by adding at the end the following: ``(B) recommendations for enhancing or promoting activities of the Department of Health and Human Services related to workforce development for health care providers [[Page 136 STAT. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4120: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 20, considered and passed Senate. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. 6262]] Public Law 117-350 117th Congress An Act To maximize discovery, and accelerate development and availability, of promising childhood cancer treatments, and for other purposes. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022.>> SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE. This Act may be cited as the ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022'' or the ``Childhood Cancer STAR Reauthorization Act''. SEC. 2. REAUTHORIZING AND IMPROVING THE CHILDHOOD STAR ACT. (a) Children's Cancer Biorepositories.--Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by inserting before the period at the end of the second sentence the following: ``, such as collected samples of both solid tumor cancer and paired samples''; (B) in paragraph (9), by striking ``Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018'' and inserting ``Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; (C) by redesignating paragraph (10) as paragraph (11); and (D) by inserting after paragraph (9) the following: ``(10) Report on researcher access to children's cancer biorepository samples.--Not later than 2 years after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022, the Director of NIH shall-- ``(A) <<NOTE: Review.>> conduct a review of the procedures established under paragraph (2)(C) and other policies or procedures related to researcher access to such biospecimens to identify any opportunities to reduce administrative burden, consistent with paragraph (2)(D), in a manner that protects personal privacy to the extent required by applicable Federal and State privacy law, at a minimum; and ``(B) submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the review under subparagraph (A) and whether the Director of NIH plans to make any changes to the policies or procedures considered in such review, based on such findings.''; and [[Page 136 STAT. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note.>> is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Pilot Programs to Explore'' and inserting ``Research to Evaluate'' (B) in paragraph (1)-- (i) by striking ``may make awards to eligible entities to establish pilot programs'' and inserting ``shall, as appropriate, make awards to eligible entities to conduct or support research''; (ii) by striking ``model systems'' and inserting ``approaches''; (iii) by inserting ``and adolescent'' after ``childhood''; and (iv) by striking ``evaluation of models for''; (C) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``within the existing peer review process,'' after ``practicable,''; and (ii) in subparagraph (B)(v), by striking ``in treating survivors of childhood cancers'' and inserting ``in carrying out the activities described in paragraph (1)''; and (D) in paragraph (3)(B)(v), by striking ``design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers'' and inserting ``design tools to support the secure electronic transfer of treatment information and care summaries between health care providers or, as applicable and appropriate, longitudinal childhood cancer survivorship cohorts''; and (2) in subsection (b)-- (A) in each of paragraphs (1) and (2), by striking ``date of enactment of this Act'' and inserting ``date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022''; and (B) in paragraph (1)-- (i) by striking subparagraphs (A) and (C); (ii) by redesignating subparagraph (B) as subparagraph (A); and (iii) by adding at the end the following: ``(B) recommendations for enhancing or promoting activities of the Department of Health and Human Services related to workforce development for health care providers [[Page 136 STAT. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4120: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 20, considered and passed Senate. Dec. 22, considered and passed House. <all>

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. Dec. 22, considered and passed House.

[117th Congress Public Law 350] [From the U.S. Government Publishing Office] [[Page 6261]] CHILDHOOD CANCER SURVIVORSHIP, TREATMENT, ACCESS, AND RESEARCH REAUTHORIZATION ACT OF 2022 [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4120]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Childhood Cancer Survivorship, Treatment, Access, and Research Reauthorization Act of 2022. 6263]] (2) in subsection (d), by striking ``2019 through 2023'' and inserting ``2024 through 2028''. (b) Cancer Survivorship Programs.--Section 201 of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2018 (Public Law 115-180) <<NOTE: 42 USC 285a-11a note. 6264]] who provide psychosocial care to pediatric cancer patients and survivors.''. Dec. 22, considered and passed House.

11,284

1,400

S.4390

Health

Accelerated Approval Transparency Act This bill requires the Food and Drug Administration to include a summary of the reasons a drug or biologic received accelerated approval to treat a serious or life-threatening disease or condition in the public action package for the drug or biologic.

To require summary approval information with respect to certain approved drugs and biological products. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Approval Transparency Act''. SEC. 2. SUMMARY APPROVAL INFORMATION. With respect to each new drug application for a new molecular entity approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) or biological product licensed under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) pursuant to accelerated approval under section 506(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)), the Secretary of Health and Human Services shall provide for the drug or biologic action package a summary of the basis for approval, including, as relates to such new molecular entity, whether an advisory committee meeting was held and a rationale for a determination by the Secretary that a surrogate endpoint is reasonably likely to predict clinical benefit. <all>

Accelerated Approval Transparency Act

A bill to require summary approval information with respect to certain approved drugs and biological products.

Accelerated Approval Transparency Act

Sen. Hickenlooper, John W.

D

CO

This bill requires the Food and Drug Administration to include a summary of the reasons a drug or biologic received accelerated approval to treat a serious or life-threatening disease or condition in the public action package for the drug or biologic.

To require summary approval information with respect to certain approved drugs and biological products. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Approval Transparency Act''. SEC. 2. SUMMARY APPROVAL INFORMATION. With respect to each new drug application for a new molecular entity approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) or biological product licensed under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) pursuant to accelerated approval under section 506(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)), the Secretary of Health and Human Services shall provide for the drug or biologic action package a summary of the basis for approval, including, as relates to such new molecular entity, whether an advisory committee meeting was held and a rationale for a determination by the Secretary that a surrogate endpoint is reasonably likely to predict clinical benefit. <all>

To require summary approval information with respect to certain approved drugs and biological products. This Act may be cited as the ``Accelerated Approval Transparency Act''.

11,285

11,773

H.R.8742

Taxation

Require Employees To Uniformly Return Now Act or the RETURN Act This bill prohibits Internal Revenue Service (IRS) employees from teleworking during the period beginning five business days after the enactment of this bill and ending on the date on which the IRS certifies that the processing backlog for 2020 income tax returns has been eliminated. The Department of the Treasury may not obligate additional funds for the IRS until the date on which the IRS certifies the backlog has been eliminated.

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Require Employees To Uniformly Return Now Act'' or the ``RETURN Act''. SEC. 2. BRINGING IRS EMPLOYEES BACK TO THE OFFICE. (a) In General.--Notwithstanding any other provision of law, in the case of an applicable employee, such employee shall not be authorized to telework during the period-- (1) beginning on the date that is 5 business days after the date of enactment of this Act, and (2) ending on the date on which the Commissioner of Internal Revenue certifies that the processing backlog with respect to income tax returns for taxable year 2020 has been eliminated. (b) Definitions.--In this section-- (1) Applicable employee.--The term ``applicable employee'' means an employee of the Internal Revenue Service who, as of the date of enactment of this Act, is authorized to telework, on a temporary or permanent basis, pursuant to a policy established by the Commissioner of Internal Revenue in response to the coronavirus disease 2019 (COVID-19). (2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. SEC. 3. PROHIBITION ON OBLIGATION OF FUNDS UNTIL IRS BACKLOG IS ELIMINATED. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2). <all>

RETURN Act

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated.

RETURN Act Require Employees To Uniformly Return Now Act

Rep. Meuser, Daniel

R

PA

This bill prohibits Internal Revenue Service (IRS) employees from teleworking during the period beginning five business days after the enactment of this bill and ending on the date on which the IRS certifies that the processing backlog for 2020 income tax returns has been eliminated. The Department of the Treasury may not obligate additional funds for the IRS until the date on which the IRS certifies the backlog has been eliminated.

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Require Employees To Uniformly Return Now Act'' or the ``RETURN Act''. SEC. 2. BRINGING IRS EMPLOYEES BACK TO THE OFFICE. (a) In General.--Notwithstanding any other provision of law, in the case of an applicable employee, such employee shall not be authorized to telework during the period-- (1) beginning on the date that is 5 business days after the date of enactment of this Act, and (2) ending on the date on which the Commissioner of Internal Revenue certifies that the processing backlog with respect to income tax returns for taxable year 2020 has been eliminated. (b) Definitions.--In this section-- (1) Applicable employee.--The term ``applicable employee'' means an employee of the Internal Revenue Service who, as of the date of enactment of this Act, is authorized to telework, on a temporary or permanent basis, pursuant to a policy established by the Commissioner of Internal Revenue in response to the coronavirus disease 2019 (COVID-19). (2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. SEC. 3. PROHIBITION ON OBLIGATION OF FUNDS UNTIL IRS BACKLOG IS ELIMINATED. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2). <all>

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2).

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code.

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2).

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code.

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2).

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code.

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2).

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code.

To ensure that employees of the Internal Revenue Service are brought back to their offices until the backlog of 2020 tax returns has been eliminated. 2) Telework.--The term ``telework'' has the same meaning given such term under section 6501(3) of title 5, United States Code. Notwithstanding any other provision of law, the Secretary of the Treasury (or the Secretary's delegate) may not obligate the funds appropriated to the Internal Revenue Service under section 10301 of the Inflation Reduction Act (Public Law 117-169) until the date described in section 2(a)(2).

11,286

5,611

H.R.2034

Education

Income-Driven Student Loan Forgiveness Act This bill requires the Department of Education (ED) to forgive the outstanding balance of principal, interest, and fees due on federal student loans for eligible borrowers who meet certain income requirements. Eligible borrower refers to an individual who (1) has an eligible federal student loan in repayment, (2) filed a federal income tax return for the most recent tax year, (3) is employed or was employed during the three-year period immediately preceding March 1, 2020, and (4) meets income requirements (e.g., an adjusted gross income of $100,000 or less for a borrower who is not married). Further, the borrower must submit an application to ED for loan forgiveness. The bill prohibits borrowers from receiving refunds for any previously made payments. Further, the bill specifies the notification requirements related to the availability of loan forgiveness. The bill also excludes discharged student loan debt from an individual's gross income for tax purposes.

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Income-Driven Student Loan Forgiveness Act''. SEC. 2. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall forgive the outstanding balance of principal, interest, and fees due on the eligible Federal student loans of borrowers who meet the requirements of subsection (b). (b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). (2) Income requirements.--The income requirements specified in this subsection are the following: (A) In the case of borrower who is not married, the adjusted gross income of the borrower does not exceed $100,000. (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. (C) In the case of a borrower who is married and files a Federal income tax return separately from the borrower's spouse, the adjusted gross income of the borrower does not exceed $100,000. The income of a borrower's spouse shall not be considered in making the determination under this subparagraph. (3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. (c) Method of Loan Forgiveness.--As soon as practicable after the Secretary of Education confirms that an applicant meets the requirements of subsection (b), the Secretary of Education shall-- (1) for each eligible Federal student loan of the borrower that is held by the Department of Education, cancel the outstanding balance of principal, interest, and fees due on the loan; and (2) for each eligible Federal student loan of the borrower that is not held by the Department of Education-- (A) through the holder of a loan, assume the obligation to repay the outstanding balance of principal, interest, and fees due on the loan; and (B) upon assuming such obligation, cancel the outstanding balance of such principal, interest, and fees. (d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. (e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. (f) 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. (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. SEC. 3. NOTICE TO THE PUBLIC. Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. SEC. 4. DEFINITIONS. In this Act: (1) Adjusted gross income.--The term ``adjusted gross income'' has the meaning given that term in section 62 of the Internal Revenue Code of 1986 (26 U.S.C. 62). (2) Eligible federal student loan.--The term ``eligible Federal student loan'' means a loan-- (A) received by a borrower before the date of enactment of this Act; (B) used to pay for-- (i) the undergraduate education of the borrower; or (ii) in the case of a loan made to a parent on behalf a dependent student, the undergraduate education of such dependent student; and (C) made, insured, or guaranteed under-- (i) part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including a consolidation loan (to the extent that such consolidation loan was used to repay loans for undergraduate education); or (ii) part E of title VIII of the Public Health Service Act. (3) Fees.--The term ``fees'' means any amounts owed by a borrower, other than principal and interest, on an eligible Federal student loan, including the amounts of any outstanding administrative fees, late charges, and collection costs. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Undergraduate education.--The term ``undergraduate education'' means a postsecondary program of study at an institution of higher education that leads to an associate or baccalaureate degree. <all>

Income-Driven Student Loan Forgiveness Act

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes.

Income-Driven Student Loan Forgiveness Act

Rep. Lawson, Al, Jr.

D

FL

This bill requires the Department of Education (ED) to forgive the outstanding balance of principal, interest, and fees due on federal student loans for eligible borrowers who meet certain income requirements. Eligible borrower refers to an individual who (1) has an eligible federal student loan in repayment, (2) filed a federal income tax return for the most recent tax year, (3) is employed or was employed during the three-year period immediately preceding March 1, 2020, and (4) meets income requirements (e.g., an adjusted gross income of $100,000 or less for a borrower who is not married). Further, the borrower must submit an application to ED for loan forgiveness. The bill prohibits borrowers from receiving refunds for any previously made payments. Further, the bill specifies the notification requirements related to the availability of loan forgiveness. The bill also excludes discharged student loan debt from an individual's gross income for tax 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. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall forgive the outstanding balance of principal, interest, and fees due on the eligible Federal student loans of borrowers who meet the requirements of subsection (b). (b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. The income of a borrower's spouse shall not be considered in making the determination under this subparagraph. (d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. (e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. (f) 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. NOTICE TO THE PUBLIC. SEC. DEFINITIONS. 62). 1070 et seq. ), including a consolidation loan (to the extent that such consolidation loan was used to repay loans for undergraduate education); or (ii) part E of title VIII of the Public Health Service Act. (3) Fees.--The term ``fees'' means any amounts owed by a borrower, other than principal and interest, on an eligible Federal student loan, including the amounts of any outstanding administrative fees, late charges, and collection costs. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Undergraduate education.--The term ``undergraduate education'' means a postsecondary program of study at an institution of higher education that leads to an associate or baccalaureate degree.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall forgive the outstanding balance of principal, interest, and fees due on the eligible Federal student loans of borrowers who meet the requirements of subsection (b). (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. The income of a borrower's spouse shall not be considered in making the determination under this subparagraph. (d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. (e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. 3. NOTICE TO THE PUBLIC. SEC. DEFINITIONS. 62). 1070 et seq. ), including a consolidation loan (to the extent that such consolidation loan was used to repay loans for undergraduate education); or (ii) part E of title VIII of the Public Health Service Act. (3) Fees.--The term ``fees'' means any amounts owed by a borrower, other than principal and interest, on an eligible Federal student loan, including the amounts of any outstanding administrative fees, late charges, and collection costs. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall forgive the outstanding balance of principal, interest, and fees due on the eligible Federal student loans of borrowers who meet the requirements of subsection (b). (b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. The income of a borrower's spouse shall not be considered in making the determination under this subparagraph. (c) Method of Loan Forgiveness.--As soon as practicable after the Secretary of Education confirms that an applicant meets the requirements of subsection (b), the Secretary of Education shall-- (1) for each eligible Federal student loan of the borrower that is held by the Department of Education, cancel the outstanding balance of principal, interest, and fees due on the loan; and (2) for each eligible Federal student loan of the borrower that is not held by the Department of Education-- (A) through the holder of a loan, assume the obligation to repay the outstanding balance of principal, interest, and fees due on the loan; and (B) upon assuming such obligation, cancel the outstanding balance of such principal, interest, and fees. (d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. (e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. (f) 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. (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. 3. NOTICE TO THE PUBLIC. Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. SEC. DEFINITIONS. 62). 1070 et seq. ), including a consolidation loan (to the extent that such consolidation loan was used to repay loans for undergraduate education); or (ii) part E of title VIII of the Public Health Service Act. (3) Fees.--The term ``fees'' means any amounts owed by a borrower, other than principal and interest, on an eligible Federal student loan, including the amounts of any outstanding administrative fees, late charges, and collection costs. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Undergraduate education.--The term ``undergraduate education'' means a postsecondary program of study at an institution of higher education that leads to an associate or baccalaureate degree.

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Income-Driven Student Loan Forgiveness Act''. 2. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. (a) Forgiveness Required.--Notwithstanding any other provision of law, the Secretary of Education shall forgive the outstanding balance of principal, interest, and fees due on the eligible Federal student loans of borrowers who meet the requirements of subsection (b). (b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). (2) Income requirements.--The income requirements specified in this subsection are the following: (A) In the case of borrower who is not married, the adjusted gross income of the borrower does not exceed $100,000. (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. (C) In the case of a borrower who is married and files a Federal income tax return separately from the borrower's spouse, the adjusted gross income of the borrower does not exceed $100,000. The income of a borrower's spouse shall not be considered in making the determination under this subparagraph. (3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. (c) Method of Loan Forgiveness.--As soon as practicable after the Secretary of Education confirms that an applicant meets the requirements of subsection (b), the Secretary of Education shall-- (1) for each eligible Federal student loan of the borrower that is held by the Department of Education, cancel the outstanding balance of principal, interest, and fees due on the loan; and (2) for each eligible Federal student loan of the borrower that is not held by the Department of Education-- (A) through the holder of a loan, assume the obligation to repay the outstanding balance of principal, interest, and fees due on the loan; and (B) upon assuming such obligation, cancel the outstanding balance of such principal, interest, and fees. (d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. (e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. (f) 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. (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. 3. NOTICE TO THE PUBLIC. Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. SEC. DEFINITIONS. 62). (2) Eligible federal student loan.--The term ``eligible Federal student loan'' means a loan-- (A) received by a borrower before the date of enactment of this Act; (B) used to pay for-- (i) the undergraduate education of the borrower; or (ii) in the case of a loan made to a parent on behalf a dependent student, the undergraduate education of such dependent student; and (C) made, insured, or guaranteed under-- (i) part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. ), including a consolidation loan (to the extent that such consolidation loan was used to repay loans for undergraduate education); or (ii) part E of title VIII of the Public Health Service Act. (3) Fees.--The term ``fees'' means any amounts owed by a borrower, other than principal and interest, on an eligible Federal student loan, including the amounts of any outstanding administrative fees, late charges, and collection costs. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Undergraduate education.--The term ``undergraduate education'' means a postsecondary program of study at an institution of higher education that leads to an associate or baccalaureate degree.

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). ( (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. ( (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. Such information shall-- (1) be presented in a form that is widely available to the public, especially to borrowers with eligible Federal student loans; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. (2) Eligible federal student loan.--The term ``eligible Federal student loan'' means a loan-- (A) received by a borrower before the date of enactment of this Act; (B) used to pay for-- (i) the undergraduate education of the borrower; or (ii) in the case of a loan made to a parent on behalf a dependent student, the undergraduate education of such dependent student; and (C) made, insured, or guaranteed under-- (i) part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. ), 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). ( (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. ( (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. Such information shall-- (1) be presented in a form that is widely available to the public, especially to borrowers with eligible Federal student loans; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. (2) Eligible federal student loan.--The term ``eligible Federal student loan'' means a loan-- (A) received by a borrower before the date of enactment of this Act; (B) used to pay for-- (i) the undergraduate education of the borrower; or (ii) in the case of a loan made to a parent on behalf a dependent student, the undergraduate education of such dependent student; and (C) made, insured, or guaranteed under-- (i) part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. ), 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). ( (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. ( (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. Such information shall-- (1) be presented in a form that is widely available to the public, especially to borrowers with eligible Federal student loans; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. (2) Eligible federal student loan.--The term ``eligible Federal student loan'' means a loan-- (A) received by a borrower before the date of enactment of this Act; (B) used to pay for-- (i) the undergraduate education of the borrower; or (ii) in the case of a loan made to a parent on behalf a dependent student, the undergraduate education of such dependent student; and (C) made, insured, or guaranteed under-- (i) part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. ), 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). ( (B) In the case of a borrower who is married and files a Federal income tax return jointly with the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse does not exceed $200,000. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. ( (g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. Such information shall-- (1) be presented in a form that is widely available to the public, especially to borrowers with eligible Federal student loans; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. (2) Eligible federal student loan.--The term ``eligible Federal student loan'' means a loan-- (A) received by a borrower before the date of enactment of this Act; (B) used to pay for-- (i) the undergraduate education of the borrower; or (ii) in the case of a loan made to a parent on behalf a dependent student, the undergraduate education of such dependent student; and (C) made, insured, or guaranteed under-- (i) part B, part D, or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. ), 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. FEDERAL STUDENT LOAN FORGIVENESS FOR BORROWERS MEETING CERTAIN INCOME REQUIREMENTS. ( 3) Return information.--The determinations under paragraph (2) shall be based on the Federal income tax return filed by the borrower for the most recent tax year ending before the date of the borrower's application for forgiveness under this section. d) Application.--To be eligible to receive forgiveness under this section a borrower shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require. ( Not later than 15 days after the date of enactment of this Act, the Secretary of Education, in consultation with institutions of higher education and lenders and holders of Federal student loans, shall take such actions as may be necessary to ensure that borrowers who have outstanding eligible Federal student loans are aware of the loan forgiveness program 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; (2) be easily understandable; and (3) clearly notify borrowers that to be considered for loan forgiveness under this Act, borrowers must submit an application to the Secretary of Education. 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

To direct the Secretary of Education to forgive the Federal student loans of borrowers meeting certain income requirements, and for other purposes. b) Eligibility.-- (1) In general.--A borrower is eligible to receive forgiveness under this section if, at the time of application for forgiveness, such borrower-- (A) has an eligible Federal student loan in repayment; (B) filed a Federal income tax return for the most recently ended tax year; (C)(i) is employed; or (ii) if not employed, was employed during the period of three years immediately preceding March 1, 2020; and (D) meets the income requirements specified in paragraph (2). ( ( ( e) Repayment Refunds Prohibited.--Nothing in this section shall be construed to authorize the refund of any payments made by a borrower on an eligible Federal student before the date on which the borrower's loans are forgiven in accordance with this section. ( ( g) Determination of Ineligibility.--If the Secretary of Education denies a borrower's application for forgiveness under this section, the Secretary shall notify the borrower that the borrower's application was denied and indicate the specific reasons for such denial. ), 4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (

11,287

1,927

S.4922

Armed Forces and National Security

Gerald's Law Act This bill requires the Department of Veterans Affairs (VA) to provide a burial and funeral allowance for a veteran who dies from a non-service-connected disability in a home or other setting at which the veteran was receiving VA hospice care (if such care was directly preceded by VA hospital or nursing home care).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gerald's Law Act''. SEC. 2. BURIAL ALLOWANCE FOR CERTAIN VETERANS WHO DIE AT HOME WHILE IN RECEIPT OF HOSPICE CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. 4984), is further amended-- (1) in clause (i), by striking ``; or'' and inserting a semicolon; (2) in clause (ii)-- (A) in subclause (II), by striking ``; or'' and inserting a semicolon; and (B) in subclause (III), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) a home or other setting at which the deceased veteran was, at the time of death, receiving hospice care pursuant to section 1717(a) of this title if such care was directly preceded by the Secretary furnishing to the veteran hospital care or nursing home care as described in subclause (I), (II), or (III) of clause (ii).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315). <all>

Gerald’s Law Act

A bill to amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs.

Gerald’s Law Act

Sen. Boozman, John

R

AR

This bill requires the Department of Veterans Affairs (VA) to provide a burial and funeral allowance for a veteran who dies from a non-service-connected disability in a home or other setting at which the veteran was receiving VA hospice care (if such care was directly preceded by VA hospital or nursing home care).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gerald's Law Act''. SEC. 2. BURIAL ALLOWANCE FOR CERTAIN VETERANS WHO DIE AT HOME WHILE IN RECEIPT OF HOSPICE CARE FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. 4984), is further amended-- (1) in clause (i), by striking ``; or'' and inserting a semicolon; (2) in clause (ii)-- (A) in subclause (II), by striking ``; or'' and inserting a semicolon; and (B) in subclause (III), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) a home or other setting at which the deceased veteran was, at the time of death, receiving hospice care pursuant to section 1717(a) of this title if such care was directly preceded by the Secretary furnishing to the veteran hospital care or nursing home care as described in subclause (I), (II), or (III) of clause (ii).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315). <all>

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

To amend title 38, United States Code, to provide a burial allowance for certain veterans who die at home while in receipt of hospice care furnished by the Department of Veterans Affairs. a) In General.--Subsection (a)(2)(A) of section 2303 of title 38, United States Code, as amended by section 2202(a)(3)(B)(ii) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315).

11,288

4,882

S.4086

Commerce

Increasing Small Business Retirement Choices Act This bill permits an employer to use a retirement plan's assets for incidental expenses that are solely for the benefit of the plan's participants and their beneficiaries.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Small Business Retirement Choices Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Retirement plan sponsors engage advisors to assist in administering their retirement plans. Such advisors and other service providers are paid via monthly or annual retainers to advise on plan administration or the investment fund lineup. Such retainers are charged to the retirement plan. (2) Other, incidental expenses incurred related to plan design, may not be charged to the plan because they are deemed settlor functions. For example, if a plan sponsor were to inquire about a beneficial plan design feature, such as automatic enrollment and reenrollment or automatic escalation, the advisor or other service provider would bill the employer a separate amount that could not be charged back to the plan. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design. SEC. 3. FACILITATING THE IMPLEMENTATION OF BENEFICIAL PLAN FEATURES. (a) Plan Assets.--Section 403(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the period. (b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon. <all>

Increasing Small Business Retirement Choices Act

A bill to amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features.

Increasing Small Business Retirement Choices Act

Sen. Rosen, Jacky

D

NV

This bill permits an employer to use a retirement plan's assets for incidental expenses that are solely for the benefit of the plan's participants and their beneficiaries.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Small Business Retirement Choices Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Retirement plan sponsors engage advisors to assist in administering their retirement plans. Such advisors and other service providers are paid via monthly or annual retainers to advise on plan administration or the investment fund lineup. Such retainers are charged to the retirement plan. (2) Other, incidental expenses incurred related to plan design, may not be charged to the plan because they are deemed settlor functions. For example, if a plan sponsor were to inquire about a beneficial plan design feature, such as automatic enrollment and reenrollment or automatic escalation, the advisor or other service provider would bill the employer a separate amount that could not be charged back to the plan. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design. SEC. 3. FACILITATING THE IMPLEMENTATION OF BENEFICIAL PLAN FEATURES. (a) Plan Assets.--Section 403(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the period. (b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon. <all>

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. 3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. 3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. 3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. 3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. Small employers need additional resources to improve their retirement plan design.

To amend the Employee Retirement Income Security Act of 1974 to better enable plan sponsors to implement beneficial plan features. Because these inquires result in additional costs, many employers--especially small employers--choose to forego these incidental plan design features, even when they might generate tremendous benefits for their employees. (3) According to the 2021 Plan Sponsor Council of America's Annual Survey of Profit Sharing and 401(k) Plans, only 30.5 percent of employers with fewer than 50 workers have an automatic enrollment feature in their retirement plan, compared to over 77 percent of employers with more than 1,000 workers. b) Fiduciary Standard of Care.--Section 404(a)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)(A)(ii)) is amended by inserting ``(including incidental expenses solely for the benefit of the participants and their beneficiaries)'' before the semicolon.

11,289

11,649

H.R.6588

Labor and Employment

Cyber Ready Workforce Act This bill directs the Department of Labor to award grants to workforce intermediaries (entities that facilitate the establishment of registered apprenticeship programs and that may partner with a business or community-based organization, or specified other partners) to support the establishment, implementation, and expansion of such programs in cybersecurity.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Ready Workforce Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to projections from Georgetown University's Center on Education and the Workforce, the United States was already set to experience a shortage of 5,000,000 workers with postsecondary education or training, including training leading to vocational certificates and apprenticeship training, by 2020. The COVID-19 pandemic has only exacerbated this problem. (2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. (3) Apprenticeships can help fill the Nation's workforce needs, including in fields not traditionally linked to apprenticeships, such as cybersecurity. (4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). (5) Employers, especially in cybersecurity and information technology fields, may be unfamiliar with the apprenticeship model or do not have the capacity or resources to develop and implement their own training. SEC. 3. DEFINITIONS. In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). (2) Workforce intermediary.--The term ``workforce intermediary'' means an entity that facilitates the establishment of registered apprenticeship programs, and may be a partnership that includes one or more of the following as partners: (A) A business or industry organization. (B) A community-based organization, as defined in section 3201(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(5)). (C) A State or local workforce development board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. (E) A joint labor-management partnership. (F) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (G) A nonprofit organization. SEC. 4. CYBERSECURITY APPRENTICESHIP GRANT PROGRAM. (a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. (b) Description of Programs Eligible.--For purposes of subsection (a), registered apprenticeship programs in cybersecurity shall include technical instruction, workplace training, and industry-recognized certification in cybersecurity. Programs shall-- (1) include certifications in CompTIA Network+, CompTIA A+, CompTIA Security+, Microsoft Windows 10 Technician, Microsoft Certified System Administrator, Certified Network Defender, Certified Ethical Hacker, ISACA Cybersecurity Nexus (CSX), (ISC)\2\'s Certified Information Systems Security Professional (CISSP), or other industry-recognized certification in cybersecurity; (2) encourage stackable and portable credentials; and (3) lead to occupations such as computer support specialists, cybersecurity support technicians, cloud computing architects, computer programmers, computer systems analysts, or security specialists. SEC. 5. USE OF FUNDS. (a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. (2) Employer partnership.-- (A) In general.--Develop curricula and technical instruction for the registered apprenticeship program in cooperation with local businesses, organizations, and employer-partners, referencing the work roles and tasks outlined in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework Special Publication 800-181 to develop skills and standards for the program. (B) Offsite training.--Assist employers in paying for the cost of offsite training and acquiring course materials provided to apprentices. (C) Connecting employers.--Connect employers with education and training providers to complement on-the- job learning. (3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. (B) Mentorship. (C) Assisting with costs of transportation, housing, and child care services. (b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, such sums as may be necessary to carry out this Act. <all>

Cyber Ready Workforce Act

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity.

Cyber Ready Workforce Act

Rep. Lee, Susie

D

NV

This bill directs the Department of Labor to award grants to workforce intermediaries (entities that facilitate the establishment of registered apprenticeship programs and that may partner with a business or community-based organization, or specified other partners) to support the establishment, implementation, and expansion of such programs in cybersecurity.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Ready Workforce Act''. 2. FINDINGS. The COVID-19 pandemic has only exacerbated this problem. (2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. (4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). 3. DEFINITIONS. 50 et seq.). (2) Workforce intermediary.--The term ``workforce intermediary'' means an entity that facilitates the establishment of registered apprenticeship programs, and may be a partnership that includes one or more of the following as partners: (A) A business or industry organization. 3102). (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. (E) A joint labor-management partnership. (F) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (G) A nonprofit organization. 4. CYBERSECURITY APPRENTICESHIP GRANT PROGRAM. Programs shall-- (1) include certifications in CompTIA Network+, CompTIA A+, CompTIA Security+, Microsoft Windows 10 Technician, Microsoft Certified System Administrator, Certified Network Defender, Certified Ethical Hacker, ISACA Cybersecurity Nexus (CSX), (ISC)\2\'s Certified Information Systems Security Professional (CISSP), or other industry-recognized certification in cybersecurity; (2) encourage stackable and portable credentials; and (3) lead to occupations such as computer support specialists, cybersecurity support technicians, cloud computing architects, computer programmers, computer systems analysts, or security specialists. 5. USE OF FUNDS. (a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. (2) Employer partnership.-- (A) In general.--Develop curricula and technical instruction for the registered apprenticeship program in cooperation with local businesses, organizations, and employer-partners, referencing the work roles and tasks outlined in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework Special Publication 800-181 to develop skills and standards for the program. (C) Connecting employers.--Connect employers with education and training providers to complement on-the- job learning. (3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. (B) Mentorship. (C) Assisting with costs of transportation, housing, and child care services. (2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, such sums as may be necessary 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. This Act may be cited as the ``Cyber Ready Workforce Act''. 2. FINDINGS. The COVID-19 pandemic has only exacerbated this problem. (2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. (4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). 3. DEFINITIONS. 50 et seq.). (2) Workforce intermediary.--The term ``workforce intermediary'' means an entity that facilitates the establishment of registered apprenticeship programs, and may be a partnership that includes one or more of the following as partners: (A) A business or industry organization. 3102). (E) A joint labor-management partnership. (F) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (G) A nonprofit organization. 4. CYBERSECURITY APPRENTICESHIP GRANT PROGRAM. Programs shall-- (1) include certifications in CompTIA Network+, CompTIA A+, CompTIA Security+, Microsoft Windows 10 Technician, Microsoft Certified System Administrator, Certified Network Defender, Certified Ethical Hacker, ISACA Cybersecurity Nexus (CSX), (ISC)\2\'s Certified Information Systems Security Professional (CISSP), or other industry-recognized certification in cybersecurity; (2) encourage stackable and portable credentials; and (3) lead to occupations such as computer support specialists, cybersecurity support technicians, cloud computing architects, computer programmers, computer systems analysts, or security specialists. 5. USE OF FUNDS. (C) Connecting employers.--Connect employers with education and training providers to complement on-the- job learning. (3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. (B) Mentorship. (2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans. SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Ready Workforce Act''. 2. FINDINGS. Congress finds the following: (1) According to projections from Georgetown University's Center on Education and the Workforce, the United States was already set to experience a shortage of 5,000,000 workers with postsecondary education or training, including training leading to vocational certificates and apprenticeship training, by 2020. The COVID-19 pandemic has only exacerbated this problem. (2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. (3) Apprenticeships can help fill the Nation's workforce needs, including in fields not traditionally linked to apprenticeships, such as cybersecurity. (4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). (5) Employers, especially in cybersecurity and information technology fields, may be unfamiliar with the apprenticeship model or do not have the capacity or resources to develop and implement their own training. 3. DEFINITIONS. 50 et seq.). (2) Workforce intermediary.--The term ``workforce intermediary'' means an entity that facilitates the establishment of registered apprenticeship programs, and may be a partnership that includes one or more of the following as partners: (A) A business or industry organization. (B) A community-based organization, as defined in section 3201(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(5)). (C) A State or local workforce development board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. (E) A joint labor-management partnership. (F) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (G) A nonprofit organization. 4. CYBERSECURITY APPRENTICESHIP GRANT PROGRAM. (a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. (b) Description of Programs Eligible.--For purposes of subsection (a), registered apprenticeship programs in cybersecurity shall include technical instruction, workplace training, and industry-recognized certification in cybersecurity. Programs shall-- (1) include certifications in CompTIA Network+, CompTIA A+, CompTIA Security+, Microsoft Windows 10 Technician, Microsoft Certified System Administrator, Certified Network Defender, Certified Ethical Hacker, ISACA Cybersecurity Nexus (CSX), (ISC)\2\'s Certified Information Systems Security Professional (CISSP), or other industry-recognized certification in cybersecurity; (2) encourage stackable and portable credentials; and (3) lead to occupations such as computer support specialists, cybersecurity support technicians, cloud computing architects, computer programmers, computer systems analysts, or security specialists. 5. USE OF FUNDS. (a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. (2) Employer partnership.-- (A) In general.--Develop curricula and technical instruction for the registered apprenticeship program in cooperation with local businesses, organizations, and employer-partners, referencing the work roles and tasks outlined in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework Special Publication 800-181 to develop skills and standards for the program. (B) Offsite training.--Assist employers in paying for the cost of offsite training and acquiring course materials provided to apprentices. (C) Connecting employers.--Connect employers with education and training providers to complement on-the- job learning. (3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. (B) Mentorship. (C) Assisting with costs of transportation, housing, and child care services. (2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, such sums as may be necessary to carry out this Act.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Ready Workforce Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to projections from Georgetown University's Center on Education and the Workforce, the United States was already set to experience a shortage of 5,000,000 workers with postsecondary education or training, including training leading to vocational certificates and apprenticeship training, by 2020. The COVID-19 pandemic has only exacerbated this problem. (2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. (3) Apprenticeships can help fill the Nation's workforce needs, including in fields not traditionally linked to apprenticeships, such as cybersecurity. (4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). (5) Employers, especially in cybersecurity and information technology fields, may be unfamiliar with the apprenticeship model or do not have the capacity or resources to develop and implement their own training. SEC. 3. DEFINITIONS. In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). (2) Workforce intermediary.--The term ``workforce intermediary'' means an entity that facilitates the establishment of registered apprenticeship programs, and may be a partnership that includes one or more of the following as partners: (A) A business or industry organization. (B) A community-based organization, as defined in section 3201(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(5)). (C) A State or local workforce development board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. (E) A joint labor-management partnership. (F) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (G) A nonprofit organization. SEC. 4. CYBERSECURITY APPRENTICESHIP GRANT PROGRAM. (a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. (b) Description of Programs Eligible.--For purposes of subsection (a), registered apprenticeship programs in cybersecurity shall include technical instruction, workplace training, and industry-recognized certification in cybersecurity. Programs shall-- (1) include certifications in CompTIA Network+, CompTIA A+, CompTIA Security+, Microsoft Windows 10 Technician, Microsoft Certified System Administrator, Certified Network Defender, Certified Ethical Hacker, ISACA Cybersecurity Nexus (CSX), (ISC)\2\'s Certified Information Systems Security Professional (CISSP), or other industry-recognized certification in cybersecurity; (2) encourage stackable and portable credentials; and (3) lead to occupations such as computer support specialists, cybersecurity support technicians, cloud computing architects, computer programmers, computer systems analysts, or security specialists. SEC. 5. USE OF FUNDS. (a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. (2) Employer partnership.-- (A) In general.--Develop curricula and technical instruction for the registered apprenticeship program in cooperation with local businesses, organizations, and employer-partners, referencing the work roles and tasks outlined in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework Special Publication 800-181 to develop skills and standards for the program. (B) Offsite training.--Assist employers in paying for the cost of offsite training and acquiring course materials provided to apprentices. (C) Connecting employers.--Connect employers with education and training providers to complement on-the- job learning. (3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. (B) Mentorship. (C) Assisting with costs of transportation, housing, and child care services. (b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, such sums as may be necessary to carry out this Act. <all>

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. 2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. ( In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). ( E) A joint labor-management partnership. ( a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. ( 3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. C) Assisting with costs of transportation, housing, and child care services. ( b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. The COVID-19 pandemic has only exacerbated this problem. ( 4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). ( (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. ( G) A nonprofit organization. a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( (b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. ( 2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. 2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. ( In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). ( E) A joint labor-management partnership. ( a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. ( 3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. C) Assisting with costs of transportation, housing, and child care services. ( b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. The COVID-19 pandemic has only exacerbated this problem. ( 4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). ( (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. ( G) A nonprofit organization. a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( (b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. ( 2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. 2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. ( In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). ( E) A joint labor-management partnership. ( a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. ( 3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. C) Assisting with costs of transportation, housing, and child care services. ( b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. The COVID-19 pandemic has only exacerbated this problem. ( 4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). ( (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. ( G) A nonprofit organization. a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( (b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. ( 2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. 2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. ( In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). ( E) A joint labor-management partnership. ( a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. ( 3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. C) Assisting with costs of transportation, housing, and child care services. ( b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. The COVID-19 pandemic has only exacerbated this problem. ( 4) The cybersecurity field has a severe shortage in talent, with over 597,000 job openings today, according to CyberSeek, an interactive cybersecurity jobs heat map funded by the Department of Commerce's National Institute of Standards and Technology (NIST). ( (D) A postsecondary education institution with experience in developing and administering registered apprenticeship programs. ( G) A nonprofit organization. a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( (b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. ( 2) Recruit and conduct outreach to potential apprentices, including secondary school students, underrepresented populations (such as women and minorities), youth, and veterans.

To establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. 2) Registered apprenticeships strengthen the Nation's economy, create pathways to good-paying careers, and help meet the Nation's current workforce demands. ( In this Act: (1) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). ( E) A joint labor-management partnership. ( a) In General.--The Secretary of Labor shall award grants, on a competitive basis, to workforce intermediaries, to support the establishment, implementation, and expansion of registered apprenticeship programs in cybersecurity. ( a) Required Activities.--A workforce intermediary shall use at least 85 percent of the amount of grant funds received under this Act for the following: (1) Development and technical support.--Complete the apprenticeship registration process with the Department of Labor, and assist employers with other logistical and technical issues. ( 3) Support services for apprentices.--Provide support services to apprentices to assist with their success in the registered apprenticeship program, which may include the following: (A) Career counseling. C) Assisting with costs of transportation, housing, and child care services. ( b) Allowable Activities.--A workforce intermediary may use up to 15 percent of the amount of grant funds received under this Act for the following outreach and marketing activities: (1) Market apprenticeships and the apprenticeship model to employers, secondary school administrators, and counselors. (

11,290

8,815

H.R.6548

Energy

Justice in Power Plant Permitting Act This bill addresses renewable energy use and facility contracting requirements and also establishes the Just Energy Transition Fund to, among other purposes, support projects to replace plants that are denied under the revised Clean Air Act permitting process established by this bill.

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice in Power Plant Permitting Act''. SEC. 2. DEFINITIONS. In this Act: (1) Community intervenor.--The term ``community intervenor'' means an effective, qualified, and compensated representative, or group of representatives, that participates in public service commission and permitting authority proceedings on behalf of ratepayers in, and residents of, impacted environmental justice communities and other impacted communities to-- (A) propose independent analyses of, including alternatives to, fossil fuel-fired power plants and other polluting projects seeking approvals, permits, or renewals; (B) decrease electricity costs; (C) reduce environmental burdens; (D) improve public health; or (E) otherwise advocate to benefit such communities. (2) Critical facility.--The term ``critical facility'' means any facility critical to public health infrastructure, including health care, water and wastewater systems, and emergency services. (3) Cumulative impacts.--The term ``cumulative impacts'' means any exposure to a public health, environmental, or climate risk, or other effect occurring in a specific geographical area, including from an emission, discharge, or release-- (A) including-- (i) environmental pollution released-- (I) routinely, accidentally, or otherwise; and (II) from any source, whether single or multiple; and (ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and (B) evaluated taking into account sensitive populations and other factors that may heighten vulnerability to environmental pollution and associated health risks, including socioeconomic characteristics. (4) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, linguistic isolation, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys-- (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate. (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that bears burdens of negative public health effects, environmental pollution, and the impacts of climate change, and possesses certain socioeconomic criteria, which may be identified based on geographic, public health, environmental hazard, and socioeconomic criteria, including, but not limited to-- (A) areas burdened by cumulative environmental pollution and other hazards that can lead to negative public health effects; (B) areas with concentrations of people-- (i) experiencing high unemployment rates, high rent burdens, low homeownership rates, or low levels of educational attainment; or (ii) who have historically experienced discrimination on the basis of race, ethnicity, ancestry, or place of origin; or (C) vulnerability to the impacts of climate change. (6) Fossil fuel-fired power plant.--The term ``fossil fuel- fired power plant'' means-- (A) a powerplant or electric generating unit that combusts fossil fuel or a fossil fuel byproduct or derivative for the production of electricity in part or in full; and (B) any boiler or generator that combusts fossil fuel and is-- (i) in a census tract or adjacent to a census tract with one or more power plants or electric generating units that combust fossil fuel; or (ii) in a census tract or adjacent to census tracts with stationary and mobile sources of air pollution that have combined annual emissions of more than-- (I) 10 tons per year of any single hazardous air pollutant; (II) 25 tons per year for any combination of hazardous air pollutants; (III) 100 tons per year of any single air pollutant; or (IV) the lower major source threshold in non-attainment areas for the air pollutant in non-attainment. (7) Impacted.--The term ``impacted'' means the condition of being affected by one or more fossil fuel-fired power plants. (8) Permitting authority.--The term ``permitting authority'' has the meaning given such term in section 501 of the Clean Air Act (42 U.S.C. 7661). (9) Susceptible subpopulation.--The term ``susceptible subpopulation'' means a group of individuals within the general population who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to air pollution, such as infants, children, pregnant women, workers, or the elderly. (10) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. SEC. 3. FEDERAL REQUIREMENT. (a) Requirement.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended-- (1) in subsection (a), by striking ``the following amounts shall be'' and all that follows and inserting the following: ``not less than-- ``(1) 3 percent shall be renewable energy in fiscal years 2007 through 2009; ``(2) 5 percent shall be renewable energy in fiscal years 2010 through 2012; ``(3) 7.5 percent shall be renewable energy in fiscal years 2013 through 2019; and ``(4) 100 percent shall be air pollution-free renewable energy, including battery storage charged renewably, in fiscal year 2030 and each fiscal year thereafter, with steady and incremental progress toward this goal required in fiscal years 2020 through 2029.''; and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. (b) Public Utility Contracts.--Section 501(b)(1)(B) of title 40, United States Code, is amended to read as follows: ``(B) Public utility contracts.-- ``(i) In general.--Except as provided in clause (ii), a contract for public utility services may be made for a period of not more than 10 years. ``(ii) Renewable energy contracts.--A contract may be made for a period of not more than 40 years for-- ``(I) the acquisition of air pollution-free renewable energy or battery storage powered by such energy; or ``(II) the provision and operation of air pollution-free renewable energy production facilities and the purchase of air-pollution free renewable energy from such facilities.''. SEC. 4. JUST ENERGY TRANSITION FUND. (a) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2023, $10,000,000,000 for a Just Energy Transition Fund, to be administered by the Administrator in consultation with the Secretary and the Advisory Council, to remain available until expended, to award funds to States, territories, and Tribal governments for projects described in subsection (b). (b) Eligibility.--To be eligible for a grant under this section, a State, territory, Tribal government, local government, community-based organization, nongovernmental organization, or private sector organization may submit an application, in such form and manner as the Administrator may require, for-- (1) a project that-- (A) addresses energy needs resulting from the denial of renewal, or anticipated denial of renewal, of a permit for a fossil fuel-fired power plant pursuant to section 165(f) or section 502(j) of the Clean Air Act; (B) apportions sufficient project funds, as determined by the Advisory Council, to income support, health insurance, pension fund protection, job training, and job placement for workers displaced or expected to be displaced due to the denial of renewal, or anticipated denial of renewal, of a permit for a major source or a fossil fuel-fired power plant pursuant to section 165(f) or section 502(j) of the Clean Air Act; (C) is supported by residents of impacted environmental justice communities and other impacted communities, as discerned through active and inclusive solicitation and documentation of feedback and input from such residents through a process established by the Advisory Council; (D) does not rely on fuels or technologies that create environmental harm, including greenhouse gas emissions and air pollution, or contribute to health burdens on environmental justice communities and impacted communities; and (E) results in a quantifiable improvement to the health and well-being of residents of impacted environmental justice communities and other impacted communities as measured by the Advisory Council; or (2) a program supported by residents of impacted environmental justice communities and other impacted communities, as discerned through active and inclusive solicitation and documentation of feedback and input from such residents through a process established by the Advisory Council, that results in a quantifiable improvement to the health and well-being of residents of environmental justice communities and other impacted communities, as measured by the Advisory Committee, including one that-- (A) apportions funds to individuals who face burdensome energy costs, including from supply charges, delivery charges, capacity payments, and other costs that may or may not be itemized in utility bills, or to individuals who are expected to face burdensome costs due to the denial of renewal, or anticipated denial of renewal, of a permit for a fossil fuel-fired power plant pursuant to section 165(f) or section 502(j) of the Clean Air Act, to reduce the cost of-- (i) utility bills for ratepayers; or (ii) the cost of rent for tenants in instances in which utilities are included in the tenant's rent; or (B) supports intervenor compensation opportunities to lower energy costs and reduce pollution faced by residents of impacted environmental justice communities and other impacted communities. (c) Process.--Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). (d) Subgrants and Contracts.--A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). (e) Just Energy Transition Fund Advisory Council.-- (1) Establishment.--The President shall establish an advisory council, to be known as the ``Just Energy Transition Fund Advisory Council''. (2) Membership.--The Advisory Council shall be composed of 26 members who have knowledge of, or experience relating to, the creation of, and transition of workers to, good-paying jobs to combat climate change and pollution, as well as the effect of environmental conditions on environmental justice communities, including-- (A) representatives of-- (i) community-based organizations that carry out initiatives relating to environmental justice and the just transition to a clean energy economy, including grassroots organizations led by people of color; (ii) labor unions; (iii) State governments, Tribal governments, and local governments; (iv) Indian Tribes and other Indigenous groups; (v) nongovernmental and environmental organizations; and (vi) private sector organizations (including representatives of industries and businesses); and (B) experts in the field of-- (i) socioeconomic analysis; (ii) health and environmental effects; (iii) exposure evaluation; (iv) environmental law and civil rights law; (v) environmental health science research; or (vi) energy systems. (3) Subcommittees; workgroups.-- (A) Establishment.--The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in paragraph (4). (B) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph (A) shall submit to the Advisory Council a report that contains-- (i) a description of each recommendation of the subcommittee or workgroup; and (ii) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. (4) Duties.--The Advisory Council shall provide independent advice and recommendations to the Administrator and the Secretary with respect to-- (A) awarding grants through the Just Energy Transition Fund to maximize progress toward a transition to a clean energy economy while maximizing benefits for environmental justice communities, including by prioritizing applications that will direct funds to support entities that have urgently and expeditiously pursued priorities that are aligned with the projects and programs described in subsection (b)(1) and (2); and (B) measuring and evaluating the success of grants and subgrants awarded through the Just Energy Transition Fund. (5) Meetings.-- (A) Frequency.-- (i) In general.--Subject to clause (ii), the Advisory Council shall meet biannually. (ii) Authority of administrator.--The Administrator may require the Advisory Council to conduct additional meetings if the Administrator determines that the conduct of any additional meetings is necessary. (B) Public participation.-- (i) In general.--Subject to clause (ii), each meeting of the Advisory Council shall be open to the public to provide the public an opportunity-- (I) to submit comments to the Advisory Council; and (II) to appear before the Advisory Council. (ii) Authority of administrator.--The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public. (6) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Council. (7) Travel expenses.--The Administrator may provide to any member of the Advisory Council 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 Advisory Council. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory council.--The term ``Advisory Council'' means the Just Energy Transition Fund Advisory Council established under subsection (e) of this section. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) State.--The term ``State'' means each of the 50 States and the District of Columbia. (5) Territory.--The term ``territory'' means the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Commonwealth of Puerto Rico. (6) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN POWER PLANT PERMITTING. (a) Permits Generally.-- (1) Regulations.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. (2) Cumulative impacts analysis.--Section 502 of the Clean Air Act (42 U.S.C. 7661a) is amended by adding at the end the following: ``(j) Cumulative Impacts Analysis.-- ``(1) In general.-- ``(A) Permit requirement.--Whenever an applicant seeks a permit or renewal of a permit for a fossil fuel-fired power plant, the permitting authority shall require such applicant to utilize a neutral third-party assessor to perform, in consultation with a community intervenor, an analysis of-- ``(i) the cumulative impacts of pollution, including the combined past, present, and reasonably anticipated future emissions, from all stationary or mobile sources, affecting the area within five miles of the fossil fuel-fired power plant proposed to be permitted; ``(ii) for each census block group or Tribal census block group (as those terms are defined by the Director of the Bureau of the Census) located in, or adjacent to, such area, the cumulative impacts of pollution, including the combined past, present, and reasonably anticipated future emissions, from all stationary or mobile sources; and ``(iii) alternative projects sourced with air pollution-free renewable energy. ``(B) Additional requirement.--One year after this section takes effect and at least every five years thereafter, the permitting authority must ensure that a fossil fuel-fired power plant undergoes a cumulative impacts analysis as described by this subsection if the fossil fuel-fired power plant is-- ``(i) located, or proposed to be located, within one mile of a major source; and ``(ii) not subject to permitting requirements pursuant to this title. ``(C) Considerations.--A cumulative impacts analysis under subparagraph (A) shall include consideration of-- ``(i) community demographics and locations of community exposure points, including schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; ``(ii) air quality and any potential effects on that air quality of emissions of air pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(iii) the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(iv) public health and any potential effects on public health from the emissions of pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(v) the potential adverse impacts on health and well-being of residents of impacted environmental justice communities and populations with heightened vulnerability to pollution and associated health risks, which may be due to socioeconomic characteristics including housing insecurity, barriers to receive quality healthcare or afford health insurance, energy cost burdens that limit use of heat and air conditioning, long-term impacts of siting polluting sources in environmental justice communities, and public disinvestment and redlining; ``(vi) the potential effects of any proposed action on environmental justice communities, including if the action causes or exacerbates a disproportionate or inequitable burden on the environmental justice community; and ``(vii) shall be based on an analysis of data that accurately describes the potential cumulative impacts of the proposed action, and may include a supplemental qualitative analysis. ``(D) Public engagement and procedural justice process.--The cumulative impacts analysis under subparagraph (A) shall include a public engagement and procedural justice process, to include-- ``(i) the active and inclusive solicitation and receipt of, and to the greatest extent practicable, action to address, input and feedback from residents of impacted environmental justice communities and other impacted communities, to be documented and provided to the permitting authority in the final cumulative impacts analysis; ``(ii) documentation and investigation of claims brought by residents of impacted environmental justice communities and impacted communities, including the applicant's proposed or agreed-upon mitigations, whether and how each claim was addressed, and documentation of the satisfaction or dissatisfaction of such residents with the investigation of claims and corresponding responses, if any; ``(iii) advanced notification to residents of impacted environmental justice communities and other impacted communities through various means including but not limited to written notification, local news advertisements, and canvassers; ``(iv) multiple opportunities for residents of impacted environmental justice communities and other impacted communities to participate; ``(v) multiple media and formats for participation, including in-person and remote options, which shall include large and small group settings, mail-in feedback opportunities, and other such avenues to ensure that health, socioeconomics, lack of technological resources, and settings that are unwelcoming or unfamiliar to residents of impacted environmental justice communities are not barriers to participation; ``(vi) transmission of a preliminary cumulative impacts analysis at least 30 days in advance of any public comment period or public comment event to-- ``(I) the permitting authority for online publication; ``(II) community groups and community representatives of impacted environmental justice communities and other impacted communities; and ``(III) to a reasonable extent, the residents of impacted environmental justice communities and other impacted communities; and ``(vii) in instances in which a resident participating in the process outlined in this paragraph stands to benefit, financially or otherwise, from the permit under consideration, disclosure of such benefit in the final cumulative impacts analysis. ``(2) Prohibition.--Except as provided in paragraph (3), a permitting authority shall not grant a permit or renewal or allow operation of a fossil fuel-fired power plant unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that such permit, renewal, or operation will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the public engagement and procedural justice process described in paragraph (1)(C) is fulfilled. ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. (b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. 7475) is amended by adding at the end the following: ``(f) Cumulative Impacts.-- ``(1) In general.-- ``(A) Requirement.--Whenever an applicant seeks a permit under this section or renewal of such a permit for a fossil fuel-fired power plant within one mile of a fossil fuel-fired power plant or a major source (as defined in section 112), the permitting authority shall require such applicant to perform an analysis of the cumulative impacts for each census block group or Tribal census block group (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the fossil fuel-fired power plant to be permitted is, or is proposed to be, located. ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). ``(2) Prohibition.--A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A).''. (c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq.), but for which construction has not commenced as of such date. <all>

Justice in Power Plant Permitting Act

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes.

Justice in Power Plant Permitting Act

Rep. Maloney, Carolyn B.

D

NY

This bill addresses renewable energy use and facility contracting requirements and also establishes the Just Energy Transition Fund to, among other purposes, support projects to replace plants that are denied under the revised Clean Air Act permitting process established by this bill.

SHORT TITLE. 2. In this Act: (1) Community intervenor.--The term ``community intervenor'' means an effective, qualified, and compensated representative, or group of representatives, that participates in public service commission and permitting authority proceedings on behalf of ratepayers in, and residents of, impacted environmental justice communities and other impacted communities to-- (A) propose independent analyses of, including alternatives to, fossil fuel-fired power plants and other polluting projects seeking approvals, permits, or renewals; (B) decrease electricity costs; (C) reduce environmental burdens; (D) improve public health; or (E) otherwise advocate to benefit such communities. (10) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. 3. FEDERAL REQUIREMENT. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ``(ii) Renewable energy contracts.--A contract may be made for a period of not more than 40 years for-- ``(I) the acquisition of air pollution-free renewable energy or battery storage powered by such energy; or ``(II) the provision and operation of air pollution-free renewable energy production facilities and the purchase of air-pollution free renewable energy from such facilities.''. 4. JUST ENERGY TRANSITION FUND. (c) Process.--Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). shall apply to the Advisory Council. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN POWER PLANT PERMITTING. (b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(2) Prohibition.--A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A).''.

SHORT TITLE. 2. In this Act: (1) Community intervenor.--The term ``community intervenor'' means an effective, qualified, and compensated representative, or group of representatives, that participates in public service commission and permitting authority proceedings on behalf of ratepayers in, and residents of, impacted environmental justice communities and other impacted communities to-- (A) propose independent analyses of, including alternatives to, fossil fuel-fired power plants and other polluting projects seeking approvals, permits, or renewals; (B) decrease electricity costs; (C) reduce environmental burdens; (D) improve public health; or (E) otherwise advocate to benefit such communities. (10) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. 3. FEDERAL REQUIREMENT. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ``(ii) Renewable energy contracts.--A contract may be made for a period of not more than 40 years for-- ``(I) the acquisition of air pollution-free renewable energy or battery storage powered by such energy; or ``(II) the provision and operation of air pollution-free renewable energy production facilities and the purchase of air-pollution free renewable energy from such facilities.''. 4. JUST ENERGY TRANSITION FUND. shall apply to the Advisory Council. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN POWER PLANT PERMITTING. (b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(2) Prohibition.--A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A).''.

SHORT TITLE. 2. In this Act: (1) Community intervenor.--The term ``community intervenor'' means an effective, qualified, and compensated representative, or group of representatives, that participates in public service commission and permitting authority proceedings on behalf of ratepayers in, and residents of, impacted environmental justice communities and other impacted communities to-- (A) propose independent analyses of, including alternatives to, fossil fuel-fired power plants and other polluting projects seeking approvals, permits, or renewals; (B) decrease electricity costs; (C) reduce environmental burdens; (D) improve public health; or (E) otherwise advocate to benefit such communities. 7661). (10) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. 3. FEDERAL REQUIREMENT. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ``(ii) Renewable energy contracts.--A contract may be made for a period of not more than 40 years for-- ``(I) the acquisition of air pollution-free renewable energy or battery storage powered by such energy; or ``(II) the provision and operation of air pollution-free renewable energy production facilities and the purchase of air-pollution free renewable energy from such facilities.''. 4. JUST ENERGY TRANSITION FUND. (c) Process.--Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). (ii) Authority of administrator.--The Administrator may require the Advisory Council to conduct additional meetings if the Administrator determines that the conduct of any additional meetings is necessary. shall apply to the Advisory Council. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN POWER PLANT PERMITTING. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. ``(C) Considerations.--A cumulative impacts analysis under subparagraph (A) shall include consideration of-- ``(i) community demographics and locations of community exposure points, including schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; ``(ii) air quality and any potential effects on that air quality of emissions of air pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(iii) the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(iv) public health and any potential effects on public health from the emissions of pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(v) the potential adverse impacts on health and well-being of residents of impacted environmental justice communities and populations with heightened vulnerability to pollution and associated health risks, which may be due to socioeconomic characteristics including housing insecurity, barriers to receive quality healthcare or afford health insurance, energy cost burdens that limit use of heat and air conditioning, long-term impacts of siting polluting sources in environmental justice communities, and public disinvestment and redlining; ``(vi) the potential effects of any proposed action on environmental justice communities, including if the action causes or exacerbates a disproportionate or inequitable burden on the environmental justice community; and ``(vii) shall be based on an analysis of data that accurately describes the potential cumulative impacts of the proposed action, and may include a supplemental qualitative analysis. (b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(2) Prohibition.--A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A).''.

SHORT TITLE. 2. In this Act: (1) Community intervenor.--The term ``community intervenor'' means an effective, qualified, and compensated representative, or group of representatives, that participates in public service commission and permitting authority proceedings on behalf of ratepayers in, and residents of, impacted environmental justice communities and other impacted communities to-- (A) propose independent analyses of, including alternatives to, fossil fuel-fired power plants and other polluting projects seeking approvals, permits, or renewals; (B) decrease electricity costs; (C) reduce environmental burdens; (D) improve public health; or (E) otherwise advocate to benefit such communities. 7661). (10) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. 3. FEDERAL REQUIREMENT. 15852) is amended-- (1) in subsection (a), by striking ``the following amounts shall be'' and all that follows and inserting the following: ``not less than-- ``(1) 3 percent shall be renewable energy in fiscal years 2007 through 2009; ``(2) 5 percent shall be renewable energy in fiscal years 2010 through 2012; ``(3) 7.5 percent shall be renewable energy in fiscal years 2013 through 2019; and ``(4) 100 percent shall be air pollution-free renewable energy, including battery storage charged renewably, in fiscal year 2030 and each fiscal year thereafter, with steady and incremental progress toward this goal required in fiscal years 2020 through 2029. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ``(ii) Renewable energy contracts.--A contract may be made for a period of not more than 40 years for-- ``(I) the acquisition of air pollution-free renewable energy or battery storage powered by such energy; or ``(II) the provision and operation of air pollution-free renewable energy production facilities and the purchase of air-pollution free renewable energy from such facilities.''. 4. JUST ENERGY TRANSITION FUND. (c) Process.--Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). (B) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph (A) shall submit to the Advisory Council a report that contains-- (i) a description of each recommendation of the subcommittee or workgroup; and (ii) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. (ii) Authority of administrator.--The Administrator may require the Advisory Council to conduct additional meetings if the Administrator determines that the conduct of any additional meetings is necessary. shall apply to the Advisory Council. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Territory.--The term ``territory'' means the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Commonwealth of Puerto Rico. SEC. 5. CONSIDERATION OF CUMULATIVE IMPACTS IN POWER PLANT PERMITTING. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. ``(C) Considerations.--A cumulative impacts analysis under subparagraph (A) shall include consideration of-- ``(i) community demographics and locations of community exposure points, including schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; ``(ii) air quality and any potential effects on that air quality of emissions of air pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(iii) the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(iv) public health and any potential effects on public health from the emissions of pollutants from the fossil fuel-fired power plant proposed to be permitted, including in combination with existing sources of pollutants; ``(v) the potential adverse impacts on health and well-being of residents of impacted environmental justice communities and populations with heightened vulnerability to pollution and associated health risks, which may be due to socioeconomic characteristics including housing insecurity, barriers to receive quality healthcare or afford health insurance, energy cost burdens that limit use of heat and air conditioning, long-term impacts of siting polluting sources in environmental justice communities, and public disinvestment and redlining; ``(vi) the potential effects of any proposed action on environmental justice communities, including if the action causes or exacerbates a disproportionate or inequitable burden on the environmental justice community; and ``(vii) shall be based on an analysis of data that accurately describes the potential cumulative impacts of the proposed action, and may include a supplemental qualitative analysis. (b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(2) Prohibition.--A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A).''.

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. 2) Critical facility.--The term ``critical facility'' means any facility critical to public health infrastructure, including health care, water and wastewater systems, and emergency services. 7) Impacted.--The term ``impacted'' means the condition of being affected by one or more fossil fuel-fired power plants. ( 8) Permitting authority.--The term ``permitting authority'' has the meaning given such term in section 501 of the Clean Air Act (42 U.S.C. 7661). (9) Susceptible subpopulation.--The term ``susceptible subpopulation'' means a group of individuals within the general population who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to air pollution, such as infants, children, pregnant women, workers, or the elderly. ( 10) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. ''; and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( b) Public Utility Contracts.--Section 501(b)(1)(B) of title 40, United States Code, is amended to read as follows: ``(B) Public utility contracts.-- ``(i) In general.--Except as provided in clause (ii), a contract for public utility services may be made for a period of not more than 10 years. (a) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2023, $10,000,000,000 for a Just Energy Transition Fund, to be administered by the Administrator in consultation with the Secretary and the Advisory Council, to remain available until expended, to award funds to States, territories, and Tribal governments for projects described in subsection (b). (c) Process.--Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). ( d) Subgrants and Contracts.--A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). ( (3) Subcommittees; workgroups.-- (A) Establishment.--The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in paragraph (4). ( B) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph (A) shall submit to the Advisory Council a report that contains-- (i) a description of each recommendation of the subcommittee or workgroup; and (ii) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. ( (B) Public participation.-- (i) In general.--Subject to clause (ii), each meeting of the Advisory Council shall be open to the public to provide the public an opportunity-- (I) to submit comments to the Advisory Council; and (II) to appear before the Advisory Council. ( ii) Authority of administrator.--The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public. ( (6) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). a) Permits Generally.-- (1) Regulations.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. ( ``(B) Additional requirement.--One year after this section takes effect and at least every five years thereafter, the permitting authority must ensure that a fossil fuel-fired power plant undergoes a cumulative impacts analysis as described by this subsection if the fossil fuel-fired power plant is-- ``(i) located, or proposed to be located, within one mile of a major source; and ``(ii) not subject to permitting requirements pursuant to this title. ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. ( b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). ``(2) Prohibition.--A permitting authority shall not grant a permit or renewal described in paragraph (1)(A) unless the cumulative impacts analysis under paragraph (1) indicates a reasonable certainty that the permit or renewal will result in no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A).''. (c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ), but for which construction has not commenced as of such date.

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. 2) Critical facility.--The term ``critical facility'' means any facility critical to public health infrastructure, including health care, water and wastewater systems, and emergency services. ( 7) Impacted.--The term ``impacted'' means the condition of being affected by one or more fossil fuel-fired power plants. ( 8) Permitting authority.--The term ``permitting authority'' has the meaning given such term in section 501 of the Clean Air Act (42 U.S.C. 7661). (9) Susceptible subpopulation.--The term ``susceptible subpopulation'' means a group of individuals within the general population who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to air pollution, such as infants, children, pregnant women, workers, or the elderly. ( and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( ``(ii) Renewable energy contracts.--A contract may be made for a period of not more than 40 years for-- ``(I) the acquisition of air pollution-free renewable energy or battery storage powered by such energy; or ``(II) the provision and operation of air pollution-free renewable energy production facilities and the purchase of air-pollution free renewable energy from such facilities.''. JUST ENERGY TRANSITION FUND. ( (c) Process.--Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the Secretary and the Advisory Committee, shall establish a process of applying for funds allocated under subsection (a). ( B) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph (A) shall submit to the Advisory Council a report that contains-- (i) a description of each recommendation of the subcommittee or workgroup; and (ii) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. 5) Meetings.-- (A) Frequency.-- (i) In general.--Subject to clause (ii), the Advisory Council shall meet biannually. ( ii) Authority of administrator.--The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public. ( 2) Advisory council.--The term ``Advisory Council'' means the Just Energy Transition Fund Advisory Council established under subsection (e) of this section. ( (5) Territory.--The term ``territory'' means the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Commonwealth of Puerto Rico. ( a) Permits Generally.-- (1) Regulations.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. ( ``(B) Additional requirement.--One year after this section takes effect and at least every five years thereafter, the permitting authority must ensure that a fossil fuel-fired power plant undergoes a cumulative impacts analysis as described by this subsection if the fossil fuel-fired power plant is-- ``(i) located, or proposed to be located, within one mile of a major source; and ``(ii) not subject to permitting requirements pursuant to this title. ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. ( ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ),

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. 9) Susceptible subpopulation.--The term ``susceptible subpopulation'' means a group of individuals within the general population who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to air pollution, such as infants, children, pregnant women, workers, or the elderly. ( ''; and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( a) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2023, $10,000,000,000 for a Just Energy Transition Fund, to be administered by the Administrator in consultation with the Secretary and the Advisory Council, to remain available until expended, to award funds to States, territories, and Tribal governments for projects described in subsection (b). ( ( d) Subgrants and Contracts.--A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). ( ( 3) Subcommittees; workgroups.-- (A) Establishment.--The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in paragraph (4). ( ( (6) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). a) Permits Generally.-- (1) Regulations.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. ( ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. ( b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). (c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ), but for which construction has not commenced as of such date.

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( ( B) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph (A) shall submit to the Advisory Council a report that contains-- (i) a description of each recommendation of the subcommittee or workgroup; and (ii) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. ( ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ),

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. 9) Susceptible subpopulation.--The term ``susceptible subpopulation'' means a group of individuals within the general population who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to air pollution, such as infants, children, pregnant women, workers, or the elderly. ( ''; and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( a) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2023, $10,000,000,000 for a Just Energy Transition Fund, to be administered by the Administrator in consultation with the Secretary and the Advisory Council, to remain available until expended, to award funds to States, territories, and Tribal governments for projects described in subsection (b). ( ( d) Subgrants and Contracts.--A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). ( ( 3) Subcommittees; workgroups.-- (A) Establishment.--The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in paragraph (4). ( ( (6) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). a) Permits Generally.-- (1) Regulations.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended by adding after paragraph (10) the following: ``(11) A requirement for performing cumulative impacts analysis in accordance with subsection (j), if applicable.''. ( ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. ( b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). (c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ), but for which construction has not commenced as of such date.

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( ( B) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under subparagraph (A) shall submit to the Advisory Council a report that contains-- (i) a description of each recommendation of the subcommittee or workgroup; and (ii) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. ``(3) Critical facilities exemption.--A fossil fuel-fired power plant that is a boiler serving a critical facility may only be denied a permit or be otherwise prohibited from operation if the cumulative impact analysis under paragraph (1) indicates a certainty that the permit or renewal will result in harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, including environmental justice communities, of a census block group or Tribal census block group described in paragraph (1)(A), and the alternative is deemed to be of reasonable cost.''. ( ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ),

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( ( ( d) Subgrants and Contracts.--A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). ( ( 6) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). ( c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ),

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( ( c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ),

To establish new Federal renewable energy use requirements, support the equitable transition to clean energy power generation, and require cumulative impact assessments for fossil fuel-fired power plant permitting, and for other purposes. and (2) by amending subsection (c) to read as follows: ``(c) Prioritization.--In meeting the requirement of subsection (a), the President, acting through the Secretary, shall prioritize the transition to consumption of air pollution-free renewable energy, including renewable energy and battery storage charged by renewably generated electricity, by any facility within the vicinity of a major source (as that term is defined in section 112 of the Clean Air Act (42 U.S.C. 7412)), or units of such major source, run primarily to meet peak electricity demand.''. ( ( ( d) Subgrants and Contracts.--A recipient of funds under this section may award such funds to community groups and other entities as subgrants or contracts in furtherance of a project described in subsection (b). ( ( 6) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). b) Preconstruction Permits.--Section 165 of the Clean Air Act (42 U.S.C. ``(B) Applicability of certain provisions.--The provisions of subparagraphs (B) and (C) of section 502(j)(1) shall apply to any cumulative impacts analysis performed under this subsection to the same extent and in the same manner as such provisions apply to a cumulative impacts analysis performed under such section 502(j)(1). ( c) Transitional Provision.--Section 165(f) and section 502(j) of the Clean Air Act (as added by this section) shall apply with respect to a fossil fuel-fired power plant for which, on or before the date of enactment of this Act, a permit has been issued pursuant to section 165 or title V of the Clean Air Act (42 U.S.C. 7475, 7661 et seq. ),

11,291

12,717

H.R.7127

Labor and Employment

No OSHA Authority to Mandate Vaccines Act This bill specifies that the Department of Labor may not, under its authority to regulate workplace safety and health, require the administration of any drug, vaccine, or other biological product to an employee.

To amend the Occupational Safety and Health Act to prohibit the Secretary from enforcing any drug or vaccine mandate, and for other purposes. Be it enacted by the Senate 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 OSHA Authority to Mandate Vaccines Act''. SEC. 2. PROHIBITION ON DRUG AND VACCINE MANDATES. Section 4(b) of the Occupational Safety and Health Act (29 U.S.C. 653(b)) is amended by adding at the end the following: ``(4) Nothing in this Act shall be construed to provide the Secretary with the authority to require any drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act) or vaccine or other biological product (as defined in section 351(i)(1) of the Public Health Service Act) to be administered to any employee.''. <all>

No OSHA Authority to Mandate Vaccines Act

To amend the Occupational Safety and Health Act to prohibit the Secretary from enforcing any drug or vaccine mandate, and for other purposes.

No OSHA Authority to Mandate Vaccines Act

Rep. Hartzler, Vicky

R

MO

This bill specifies that the Department of Labor may not, under its authority to regulate workplace safety and health, require the administration of any drug, vaccine, or other biological product to an employee.

To amend the Occupational Safety and Health Act to prohibit the Secretary from enforcing any drug or vaccine mandate, and for other purposes. Be it enacted by the Senate 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 OSHA Authority to Mandate Vaccines Act''. SEC. 2. PROHIBITION ON DRUG AND VACCINE MANDATES. Section 4(b) of the Occupational Safety and Health Act (29 U.S.C. 653(b)) is amended by adding at the end the following: ``(4) Nothing in this Act shall be construed to provide the Secretary with the authority to require any drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act) or vaccine or other biological product (as defined in section 351(i)(1) of the Public Health Service Act) to be administered to any employee.''. <all>

To amend the Occupational Safety and Health Act to prohibit the Secretary from enforcing any drug or vaccine mandate, and for other purposes. PROHIBITION ON DRUG AND VACCINE MANDATES.

11,292

6,196

H.R.2254

Taxation

Corporate Tax Dodging Prevention Act This bill modifies tax provisions relating to certain large domestic and foreign corporations to prevent offshoring of jobs and factories and tax evasion. Specifically, the bill

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Tax Dodging Prevention Act''. SEC. 2. RESTORATION OF PROGRESSIVE CORPORATE TAX RATE. (a) In General.--Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 15 percent of so much of the taxable income as does not exceed $50,000, ``(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, ``(C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and ``(D) 35 percent of so much of the taxable income as exceeds $10,000,000. In the case of a corporation which has taxable income in excess of $100,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (i) 5 percent of such excess, or (ii) $11,750. In the case of a corporation which has taxable income in excess of $15,000,000, the amount of the tax determined under the foregoing provisions of this paragraph shall be increased by an additional amount equal to the lesser of (i) 3 percent of such excess, or (ii) $100,000. ``(2) Certain personal service corporations not eligible for graduated rates.--Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 35 percent of the taxable income.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. EQUALIZATION OF TAX RATES ON DOMESTIC AND FOREIGN INCOME. (a) In General.--Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Application of Subpart.-- ``(1) In general.--For taxable years beginning after December 31, 2021, notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. (b) Treatment of Previously Deferred Foreign Income.-- (1) Treatment of interest.--Section 965(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Rules relating to interest.--In the case of any amount of the net tax liability prorated to an installment under this subsection which has not been paid before the date of the enactment of this paragraph, the last date prescribed for payment of any such installment for purposes of section 6601 shall be the earlier of such last date (determined without regard to this paragraph) or such date of enactment.''. (2) Rules for s corporations.--Section 965(i)(2)(A) of such Code is amended by adding at the end the following new clause: ``(iv) The date of the enactment of the Corporate Tax Dodging Prevention Act.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2021, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. SEC. 4. COUNTRY-BY-COUNTRY APPLICATION OF LIMITATION ON FOREIGN TAX CREDIT BASED ON TAXABLE UNITS. (a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. ``(2) Taxable units.-- ``(A) In general.--Unless otherwise provided by the Secretary, to the extent an item may be properly attributable or otherwise allocable to more than one taxable unit under paragraph (1), such item shall be treated as properly attributable or otherwise allocable to the lowest-tier taxable unit of the taxpayer to which such item may be properly attributable or otherwise allocable. No item shall be attributable or otherwise allocable to more than one taxable unit of the taxpayer. ``(B) Determination of taxable units.--Except as otherwise provided by the Secretary, the taxable units of a taxpayer are as follows: ``(i) In general.--The general taxable unit of the taxpayer which is not otherwise described in a separate clause of this subparagraph. ``(ii) Foreign branches.--Each foreign branch the activities of which are carried on directly or indirectly (through one or more pass-through entities) by the taxpayer. ``(iii) Controlled foreign corporations.-- Each controlled foreign corporation with respect to which the taxpayer is a United States shareholder. ``(iv) Branches of controlled foreign corporations.--Each branch the activities of which are carried on directly or indirectly (through one or more pass-through entities) by a controlled foreign corporation referred to in clause (iii). ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(II) Certain interests held by controlled foreign corporations.--Each interest in a pass-through entity held directly or indirectly by a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country or such entity is treated as a corporation (or other entity that is not fiscally transparent) for purposes of the tax law of a foreign country in which such controlled foreign corporation is a tax resident. ``(3) Tax resident.--For purposes of this subsection, a taxable unit shall be treated as a tax resident of a country or possession if such taxable unit is liable to tax under the tax law of such country or possession as a resident. ``(4) Pass-through entity.--For purposes of this subsection, the term `pass-through entity' means any partnership and any other type of entity (other than a corporation) identified by the Secretary as a pass-through entity for purposes of this subsection. ``(5) Regulations.--The Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance-- ``(A) for determining the country or possession with respect to which any taxable unit is a tax resident, including-- ``(i) determining such country or possession on the basis of location if such taxable unit would not otherwise be a tax resident of any country or possession, and ``(ii) ensuring that such taxable unit is a tax resident of not more than 1 country or possession, ``(B) applying this section to hybrid entities, passive foreign investment companies, tiered structures, and branches, including branches that do not give rise to a taxable presence under the tax law of the country where the branch is located, and ``(C) determining whether any entity is not fiscally transparent within the meaning of paragraph (2)(B)(v)(II).''. (b) Application of Foreign Tax Credit Limitation With Respect to Foreign Branches.--Section 904(d)(2)(J)(i) is amended-- (1) by striking ``qualified business units (as defined in section 989(a)) in 1 or more foreign countries'' and inserting ``foreign branches described in section 904(e)(2)(B)(ii)'', and (2) by striking ``a qualified business unit'' and inserting ``a foreign branch''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 5. REPEAL OF CHECK-THE-BOX RULES FOR CERTAIN FOREIGN ENTITIES AND CFC LOOK-THRU RULES. (a) Check-the-Box Rules.--Paragraph (3) of section 7701(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'', and (2) by inserting after ``insurance companies'' the following: ``, and any foreign business entity that has one or more owners all of which have limited liability.''. (b) Look-Thru Rule.--Subparagraph (C) of section 954(c)(6) of such Code is amended to read as follows: ``(C) Termination.--Subparagraph (A) shall not apply to dividends, interest, rents, and royalties received or accrued after the date of the enactment of the Corporate Tax Dodging Prevention Act.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 6. LIMITATION ON DEDUCTION OF INTEREST BY DOMESTIC CORPORATIONS WHICH ARE MEMBERS OF AN INTERNATIONAL FINANCIAL REPORTING GROUP. (a) In General.--Section 163 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Limitation on Deduction of Interest by Domestic Corporations in International Financial Reporting Groups.-- ``(1) In general.--In the case of any domestic corporation which is a member of any international financial reporting group, the deduction under this chapter for interest paid or accrued during the taxable year shall not exceed the sum of-- ``(A) the allowable percentage of 105 percent of the excess (if any) of-- ``(i) the amount of such interest so paid or accrued, over ``(ii) the amount described in subparagraph (B), plus ``(B) the amount of interest includible in gross income of such corporation for such taxable year. ``(2) International financial reporting group.-- ``(A) For purposes of this subsection, the term `international financial reporting group' means, with respect to any reporting year, any group of entities which-- ``(i) includes-- ``(I) at least one foreign corporation engaged in a trade or business within the United States, or ``(II) at least one domestic corporation and one foreign corporation, ``(ii) prepares consolidated financial statements with respect to such year, and ``(iii) reports in such statements average annual gross receipts (determined in the aggregate with respect to all entities which are part of such group) for the 3-reporting- year period ending with such reporting year in excess of $25,000,000. ``(B) Rules relating to determination of average gross receipts.--For purposes of subparagraph (A)(iii), rules similar to the rules of section 448(c)(3) shall apply. ``(3) Allowable percentage.--For purposes of this subsection-- ``(A) In general.--The term `allowable percentage' means, with respect to any domestic corporation for any taxable year, the ratio (expressed as a percentage and not greater than 100 percent) of-- ``(i) such corporation's allocable share of the international financial reporting group's reported net interest expense for the reporting year of such group which ends in or with such taxable year of such corporation, over ``(ii) such corporation's reported net interest expense for such reporting year of such group. ``(B) Reported net interest expense.--The term `reported net interest expense' means-- ``(i) with respect to any international financial reporting group for any reporting year, the excess of-- ``(I) the aggregate amount of interest expense reported in such group's consolidated financial statements for such taxable year, over ``(II) the aggregate amount of interest income reported in such group's consolidated financial statements for such taxable year, and ``(ii) with respect to any domestic corporation for any reporting year, the excess of-- ``(I) the amount of interest expense of such corporation reported in the books and records of the international financial reporting group which are used in preparing such group's consolidated financial statements for such taxable year, over ``(II) the amount of interest income of such corporation reported in such books and records. ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(D) EBITDA.-- ``(i) In general.--The term `EBITDA' means, with respect to any reporting year, earnings before interest, taxes, depreciation, and amortization-- ``(I) as determined in the international financial reporting group's consolidated financial statements for such year, or ``(II) for purposes of subparagraph (A)(i), as determined in the books and records of the international financial reporting group which are used in preparing such statements if not determined in such statements. ``(ii) Treatment of disregarded entities.-- The EBITDA of any domestic corporation shall not fail to include the EBITDA of any entity which is disregarded for purposes of this chapter. ``(iii) Treatment of intra-group distributions.--The EBITDA of any domestic corporation shall be determined without regard to any distribution received by such corporation from any other member of the international financial reporting group. ``(E) Special rules for non-positive ebitda.-- ``(i) Non-positive group ebitda.--In the case of any international financial reporting group the EBITDA of which is zero or less, paragraph (1) shall not apply to any member of such group the EBITDA of which is above zero. ``(ii) Non-positive entity ebitda.--In the case of any group member the EBITDA of which is zero or less, paragraph (1) shall be applied without regard to subparagraph (A) thereof. ``(4) Consolidated financial statement.--For purposes of this subsection, the term `consolidated financial statement' means any consolidated financial statement described in paragraph (2)(A)(ii) if such statement is-- ``(A) a financial statement which is certified as being prepared in accordance with generally accepted accounting principles, international financial reporting standards, or any other comparable method of accounting identified by the Secretary, and which is-- ``(i) a 10-K (or successor form) or annual statement to shareholders required to be filed with the United States Securities and Exchange Commission, ``(ii) an audited financial statement which is used for-- ``(I) credit purposes, ``(II) reporting to shareholders, partners, or other proprietors, or to beneficiaries, or ``(III) any other substantial nontax purpose, but only if there is no statement described in clause (i), or ``(iii) filed with any other Federal or State agency for nontax purposes, but only if there is no statement described in clause (i) or (ii), or ``(B) a financial statement which-- ``(i) is used for a purpose described in subclause (I), (II), or (III) of subparagraph (A)(ii), or ``(ii) filed with any regulatory or governmental body (whether domestic or foreign) specified by the Secretary, but only if there is no statement described in subparagraph (A). ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. ``(6) Application to certain entities.-- ``(A) Partnerships.--The secretary shall prescribe rules for application of this subsection to any partnership which is a member of any international financial reporting group. Such rules shall treat any such partnership in a manner similar to the way such partnership would be treated under this subsection if it were a domestic corporation which is a member of any international financial reporting group. ``(B) Foreign corporations engaged in trade or business within the united states.--Except as otherwise provided by the Secretary in paragraph (7), any deduction for interest paid or accrued by a foreign corporation engaged in a trade or business within the United States shall be limited in a manner consistent with the principles of this subsection. ``(C) Consolidated groups.--For purposes of this subsection, the members of any group that file (or are required to file) a consolidated return with respect to the tax imposed by chapter 1 for a taxable year shall be treated as a single corporation. ``(7) Regulations.--The Secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(2) Inverted domestic corporation.--For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ``(A) the entity completes after May 8, 2014, the direct or indirect acquisition of-- ``(i) substantially all of the properties held directly or indirectly by a domestic corporation, or ``(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and ``(B) after the acquisition, more than 50 percent of the stock (by vote or value) of the entity is held-- ``(i) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or ``(ii) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term `substantial business activities' shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph.''. (b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014. SEC. 8. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. SEC. 9. MODIFICATIONS TO BASE EROSION AND ANTI-ABUSE TAX. (a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability.'', (3) by striking paragraphs (2) and (4) and redesignating paragraph (3) as paragraph (2), and (4) in paragraph (2)(A) (as so redesignated), by striking ``paragraphs (1)(A) and (2)(A) shall each'' and inserting ``paragraph (1)(A) shall''. (b) Modifications to Definition of Applicable Taxpayer.--Section 59A(e)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$500,000,000'' in subparagraph (B) and inserting ``$25,000,000'', and (2) by inserting ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (c) Exceptions to Definition of Base Erosion Payment.--Section 59A(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Exception for certain payments includible in gross income of payee.-- ``(A) In general.--Paragraph (1) shall not apply to any portion of an amount-- ``(i) which is paid or accrued by the taxpayer to a foreign person who is a member of the same controlled group of corporations as the taxpayer, and ``(ii) which-- ``(I) is treated by the foreign person as an amount of income from sources within the United States which is effectively connected with the conduct by such person of a trade or business within the United States, or ``(II) if the foreign person is a controlled foreign corporation, is included in the income of a United States shareholder of such controlled foreign corporation under section 951(a). ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in calendar years beginning after the date of the enactment of this Act. SEC. 10. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO OIL, GAS, MINING, GAMBLING AND OTHER INDUSTRY TAXPAYERS RECEIVING SPECIFIC ECONOMIC BENEFITS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (c) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. SEC. 11. LIMITATIONS ON TREATY BENEFITS. (a) Limitation for Certain Deductible Payments.--Section 894 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Limitation on Treaty Benefits for Certain Deductible Payments.-- ``(1) In general.--In the case of any deductible related- party payment, any withholding tax imposed under chapter 3 (and any tax imposed under subpart A or B of this part) with respect to such payment may not be reduced under any treaty of the United States unless any such withholding tax would be reduced under a treaty of the United States if such payment were made directly to the foreign parent corporation. ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. ``(3) Foreign controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `foreign controlled group of entities' means a controlled group of entities the common parent of which is a foreign corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). ``(5) Regulations.--The Secretary may prescribe such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provide for-- ``(A) the treatment of two or more persons as members of a foreign controlled group of entities if such persons would be the common parent of such group if treated as one corporation, and ``(B) the treatment of any member of a foreign controlled group of entities as the common parent of such group if such treatment is appropriate taking into account the economic relationships among such entities.''. (b) Limitation for Certain Income Attributable to Permanent Establishments in a Third Country.--Section 894 of such Code, as amended by subsection (a), is amended by adding at the end the following new subsection: ``(e) Denial of Treaty Benefits With Respect to Certain Income Attributable to a Permanent Establishment in a Third Country.--A foreign person shall not be entitled under any income tax treaty of the United States with a foreign country to any exemption from, or reduction of, any tax with respect to income if-- ``(1) such income is income from sources within the United States, and ``(2) such income is attributable to a permanent establishment which is outside of such foreign country and-- ``(A) the profits of which are subject to a combined aggregate effective rate of tax in such foreign country and the country of the permanent establishment that is less than the lesser of-- ``(i) 15 percent, or ``(ii) 60 percent of the general statutory rate of tax on income on corporations in such foreign country, or ``(B) which is located in a foreign country with which the United States does not have an income tax treaty and is not taxed by the foreign country which is a party to the treaty.''. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. (d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. SEC. 12. REPEAL OF DEDUCTION FOR FOREIGN-DERIVED INTANGIBLE INCOME. (a) In General.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 250 (and the item related to such section in the table of sections for such part). (b) Conforming Amendments.-- (1) Section 172(d) of the Internal Revenue Code of 1986 is amended by striking paragraph (9). (2) Section 246 of such Code is amended-- (A) by striking the comma after ``section 243(a)(1)'' the first place it appears and inserting ``and'' and by striking ``and section 250'', and (B) by insert after ``section 243(a)(1)'' the second place it appears and by striking ``, and 250''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Corporate Tax Dodging Prevention Act

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes.

Corporate Tax Dodging Prevention Act

Rep. Schakowsky, Janice D.

D

IL

This bill modifies tax provisions relating to certain large domestic and foreign corporations to prevent offshoring of jobs and factories and tax evasion. Specifically, the bill

2. (a) In General.--Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 15 percent of so much of the taxable income as does not exceed $50,000, ``(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, ``(C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and ``(D) 35 percent of so much of the taxable income as exceeds $10,000,000. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. 4. No item shall be attributable or otherwise allocable to more than one taxable unit of the taxpayer. ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(3) Tax resident.--For purposes of this subsection, a taxable unit shall be treated as a tax resident of a country or possession if such taxable unit is liable to tax under the tax law of such country or possession as a resident. ``(E) Special rules for non-positive ebitda.-- ``(i) Non-positive group ebitda.--In the case of any international financial reporting group the EBITDA of which is zero or less, paragraph (1) shall not apply to any member of such group the EBITDA of which is above zero. ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. ``(7) Regulations.--The Secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection.''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. LIMITATIONS ON TREATY BENEFITS. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC.

2. 4. ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(3) Tax resident.--For purposes of this subsection, a taxable unit shall be treated as a tax resident of a country or possession if such taxable unit is liable to tax under the tax law of such country or possession as a resident. ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC.

2. (a) In General.--Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 15 percent of so much of the taxable income as does not exceed $50,000, ``(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, ``(C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and ``(D) 35 percent of so much of the taxable income as exceeds $10,000,000. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. 4. No item shall be attributable or otherwise allocable to more than one taxable unit of the taxpayer. ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(3) Tax resident.--For purposes of this subsection, a taxable unit shall be treated as a tax resident of a country or possession if such taxable unit is liable to tax under the tax law of such country or possession as a resident. ``(E) Special rules for non-positive ebitda.-- ``(i) Non-positive group ebitda.--In the case of any international financial reporting group the EBITDA of which is zero or less, paragraph (1) shall not apply to any member of such group the EBITDA of which is above zero. ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. ``(B) Foreign corporations engaged in trade or business within the united states.--Except as otherwise provided by the Secretary in paragraph (7), any deduction for interest paid or accrued by a foreign corporation engaged in a trade or business within the United States shall be limited in a manner consistent with the principles of this subsection. ``(7) Regulations.--The Secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection.''. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. 8. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). 9. LIMITATIONS ON TREATY BENEFITS. ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC.

SHORT TITLE. 2. (a) In General.--Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 15 percent of so much of the taxable income as does not exceed $50,000, ``(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, ``(C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and ``(D) 35 percent of so much of the taxable income as exceeds $10,000,000. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. ``(2) Applicable rules.--Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection.''. (2) Rules for s corporations.--Section 965(i)(2)(A) of such Code is amended by adding at the end the following new clause: ``(iv) The date of the enactment of the Corporate Tax Dodging Prevention Act.''. 4. No item shall be attributable or otherwise allocable to more than one taxable unit of the taxpayer. ``(ii) Foreign branches.--Each foreign branch the activities of which are carried on directly or indirectly (through one or more pass-through entities) by the taxpayer. ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(3) Tax resident.--For purposes of this subsection, a taxable unit shall be treated as a tax resident of a country or possession if such taxable unit is liable to tax under the tax law of such country or possession as a resident. ``(B) Reported net interest expense.--The term `reported net interest expense' means-- ``(i) with respect to any international financial reporting group for any reporting year, the excess of-- ``(I) the aggregate amount of interest expense reported in such group's consolidated financial statements for such taxable year, over ``(II) the aggregate amount of interest income reported in such group's consolidated financial statements for such taxable year, and ``(ii) with respect to any domestic corporation for any reporting year, the excess of-- ``(I) the amount of interest expense of such corporation reported in the books and records of the international financial reporting group which are used in preparing such group's consolidated financial statements for such taxable year, over ``(II) the amount of interest income of such corporation reported in such books and records. ``(E) Special rules for non-positive ebitda.-- ``(i) Non-positive group ebitda.--In the case of any international financial reporting group the EBITDA of which is zero or less, paragraph (1) shall not apply to any member of such group the EBITDA of which is above zero. ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. ``(6) Application to certain entities.-- ``(A) Partnerships.--The secretary shall prescribe rules for application of this subsection to any partnership which is a member of any international financial reporting group. ``(B) Foreign corporations engaged in trade or business within the united states.--Except as otherwise provided by the Secretary in paragraph (7), any deduction for interest paid or accrued by a foreign corporation engaged in a trade or business within the United States shall be limited in a manner consistent with the principles of this subsection. ``(7) Regulations.--The Secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection.''. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (2) Subsection (c) of section 7874 of such Code is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B), (B) in paragraph (3), by inserting ``or (b)(2)(B), as the case may be,'' after ``(a)(2)(B)(ii)'', (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)'', and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. 8. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). 9. LIMITATIONS ON TREATY BENEFITS. ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 12.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. a) In General.--Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 15 percent of so much of the taxable income as does not exceed $50,000, ``(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, ``(C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and ``(D) 35 percent of so much of the taxable income as exceeds $10,000,000. In the case of a corporation which has taxable income in excess of $15,000,000, the amount of the tax determined under the foregoing provisions of this paragraph shall be increased by an additional amount equal to the lesser of (i) 3 percent of such excess, or (ii) $100,000. ``(2) Certain personal service corporations not eligible for graduated rates.--Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 35 percent of the taxable income.''. ( 2) Rules for s corporations.--Section 965(i)(2)(A) of such Code is amended by adding at the end the following new clause: ``(iv) The date of the enactment of the Corporate Tax Dodging Prevention Act.''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2021, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. (a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. ``(2) Taxable units.-- ``(A) In general.--Unless otherwise provided by the Secretary, to the extent an item may be properly attributable or otherwise allocable to more than one taxable unit under paragraph (1), such item shall be treated as properly attributable or otherwise allocable to the lowest-tier taxable unit of the taxpayer to which such item may be properly attributable or otherwise allocable. ``(iii) Controlled foreign corporations.-- Each controlled foreign corporation with respect to which the taxpayer is a United States shareholder. ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(4) Pass-through entity.--For purposes of this subsection, the term `pass-through entity' means any partnership and any other type of entity (other than a corporation) identified by the Secretary as a pass-through entity for purposes of this subsection. (b) Application of Foreign Tax Credit Limitation With Respect to Foreign Branches.--Section 904(d)(2)(J)(i) is amended-- (1) by striking ``qualified business units (as defined in section 989(a)) in 1 or more foreign countries'' and inserting ``foreign branches described in section 904(e)(2)(B)(ii)'', and (2) by striking ``a qualified business unit'' and inserting ``a foreign branch''. ( a) Check-the-Box Rules.--Paragraph (3) of section 7701(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'', and (2) by inserting after ``insurance companies'' the following: ``, and any foreign business entity that has one or more owners all of which have limited liability.''. ( ``(B) Rules relating to determination of average gross receipts.--For purposes of subparagraph (A)(iii), rules similar to the rules of section 448(c)(3) shall apply. ``(3) Allowable percentage.--For purposes of this subsection-- ``(A) In general.--The term `allowable percentage' means, with respect to any domestic corporation for any taxable year, the ratio (expressed as a percentage and not greater than 100 percent) of-- ``(i) such corporation's allocable share of the international financial reporting group's reported net interest expense for the reporting year of such group which ends in or with such taxable year of such corporation, over ``(ii) such corporation's reported net interest expense for such reporting year of such group. ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(D) EBITDA.-- ``(i) In general.--The term `EBITDA' means, with respect to any reporting year, earnings before interest, taxes, depreciation, and amortization-- ``(I) as determined in the international financial reporting group's consolidated financial statements for such year, or ``(II) for purposes of subparagraph (A)(i), as determined in the books and records of the international financial reporting group which are used in preparing such statements if not determined in such statements. ``(ii) Treatment of disregarded entities.-- The EBITDA of any domestic corporation shall not fail to include the EBITDA of any entity which is disregarded for purposes of this chapter. ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. ``(6) Application to certain entities.-- ``(A) Partnerships.--The secretary shall prescribe rules for application of this subsection to any partnership which is a member of any international financial reporting group. ``(7) Regulations.--The Secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection.''. ( (a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. ( b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. (a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability. '', ( 3) by striking paragraphs (2) and (4) and redesignating paragraph (3) as paragraph (2), and (4) in paragraph (2)(A) (as so redesignated), by striking ``paragraphs (1)(A) and (2)(A) shall each'' and inserting ``paragraph (1)(A) shall''. ( ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in calendar years beginning after the date of the enactment of this Act. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO OIL, GAS, MINING, GAMBLING AND OTHER INDUSTRY TAXPAYERS RECEIVING SPECIFIC ECONOMIC BENEFITS. ( ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. c) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. ``(3) Foreign controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `foreign controlled group of entities' means a controlled group of entities the common parent of which is a foreign corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. (d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. b) Conforming Amendments.-- (1) Section 172(d) of the Internal Revenue Code of 1986 is amended by striking paragraph (9). (

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. ``(2) Certain personal service corporations not eligible for graduated rates.--Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 35 percent of the taxable income.''. ( (a) In General.--Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Application of Subpart.-- ``(1) In general.--For taxable years beginning after December 31, 2021, notwithstanding any other provision of this subpart, the term `subpart F income' means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. ``(2) Taxable units.-- ``(A) In general.--Unless otherwise provided by the Secretary, to the extent an item may be properly attributable or otherwise allocable to more than one taxable unit under paragraph (1), such item shall be treated as properly attributable or otherwise allocable to the lowest-tier taxable unit of the taxpayer to which such item may be properly attributable or otherwise allocable. ``(v) Interests in pass-through entities.-- ``(I) In general.--Each interest in a pass-through entity held directly or indirectly by the taxpayer or a controlled foreign corporation referred to in clause (iii) if such entity is a tax resident of a foreign country. ``(4) Pass-through entity.--For purposes of this subsection, the term `pass-through entity' means any partnership and any other type of entity (other than a corporation) identified by the Secretary as a pass-through entity for purposes of this subsection. b) Application of Foreign Tax Credit Limitation With Respect to Foreign Branches.--Section 904(d)(2)(J)(i) is amended-- (1) by striking ``qualified business units (as defined in section 989(a)) in 1 or more foreign countries'' and inserting ``foreign branches described in section 904(e)(2)(B)(ii)'', and (2) by striking ``a qualified business unit'' and inserting ``a foreign branch''. ( (b) Look-Thru Rule.--Subparagraph (C) of section 954(c)(6) of such Code is amended to read as follows: ``(C) Termination.--Subparagraph (A) shall not apply to dividends, interest, rents, and royalties received or accrued after the date of the enactment of the Corporate Tax Dodging Prevention Act.''. ( ``(B) Rules relating to determination of average gross receipts.--For purposes of subparagraph (A)(iii), rules similar to the rules of section 448(c)(3) shall apply. ``(3) Allowable percentage.--For purposes of this subsection-- ``(A) In general.--The term `allowable percentage' means, with respect to any domestic corporation for any taxable year, the ratio (expressed as a percentage and not greater than 100 percent) of-- ``(i) such corporation's allocable share of the international financial reporting group's reported net interest expense for the reporting year of such group which ends in or with such taxable year of such corporation, over ``(ii) such corporation's reported net interest expense for such reporting year of such group. ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(ii) Treatment of disregarded entities.-- The EBITDA of any domestic corporation shall not fail to include the EBITDA of any entity which is disregarded for purposes of this chapter. ``(ii) Non-positive entity ebitda.--In the case of any group member the EBITDA of which is zero or less, paragraph (1) shall be applied without regard to subparagraph (A) thereof. ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. a) In General.--Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after May 8, 2014. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. ( ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. ( (a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability. '', ( 3) by striking paragraphs (2) and (4) and redesignating paragraph (3) as paragraph (2), and (4) in paragraph (2)(A) (as so redesignated), by striking ``paragraphs (1)(A) and (2)(A) shall each'' and inserting ``paragraph (1)(A) shall''. ( ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. ( ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. c) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. ( d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. (2) Section 246 of such Code is amended-- (A) by striking the comma after ``section 243(a)(1)'' the first place it appears and inserting ``and'' and by striking ``and section 250'', and (B) by insert after ``section 243(a)(1)'' the second place it appears and by striking ``, and 250''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. b) Application of Foreign Tax Credit Limitation With Respect to Foreign Branches.--Section 904(d)(2)(J)(i) is amended-- (1) by striking ``qualified business units (as defined in section 989(a)) in 1 or more foreign countries'' and inserting ``foreign branches described in section 904(e)(2)(B)(ii)'', and (2) by striking ``a qualified business unit'' and inserting ``a foreign branch''. ( ( b) Look-Thru Rule.--Subparagraph (C) of section 954(c)(6) of such Code is amended to read as follows: ``(C) Termination.--Subparagraph (A) shall not apply to dividends, interest, rents, and royalties received or accrued after the date of the enactment of the Corporate Tax Dodging Prevention Act.''. ( ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. ( ( ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. ( ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. (

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. ``(2) Certain personal service corporations not eligible for graduated rates.--Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 35 percent of the taxable income.''. ( a) Check-the-Box Rules.--Paragraph (3) of section 7701(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'', and (2) by inserting after ``insurance companies'' the following: ``, and any foreign business entity that has one or more owners all of which have limited liability.''. ( ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(6) Application to certain entities.-- ``(A) Partnerships.--The secretary shall prescribe rules for application of this subsection to any partnership which is a member of any international financial reporting group. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ( a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability. '', ( ( ( ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. b) Application of Foreign Tax Credit Limitation With Respect to Foreign Branches.--Section 904(d)(2)(J)(i) is amended-- (1) by striking ``qualified business units (as defined in section 989(a)) in 1 or more foreign countries'' and inserting ``foreign branches described in section 904(e)(2)(B)(ii)'', and (2) by striking ``a qualified business unit'' and inserting ``a foreign branch''. ( ( b) Look-Thru Rule.--Subparagraph (C) of section 954(c)(6) of such Code is amended to read as follows: ``(C) Termination.--Subparagraph (A) shall not apply to dividends, interest, rents, and royalties received or accrued after the date of the enactment of the Corporate Tax Dodging Prevention Act.''. ( ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. ( ( ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. ( ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States. (

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. ``(2) Certain personal service corporations not eligible for graduated rates.--Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 35 percent of the taxable income.''. ( a) Check-the-Box Rules.--Paragraph (3) of section 7701(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'', and (2) by inserting after ``insurance companies'' the following: ``, and any foreign business entity that has one or more owners all of which have limited liability.''. ( ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(6) Application to certain entities.-- ``(A) Partnerships.--The secretary shall prescribe rules for application of this subsection to any partnership which is a member of any international financial reporting group. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ( a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability. '', ( ( ( ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. ( ( ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. ( ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. ``(2) Certain personal service corporations not eligible for graduated rates.--Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in section 448(d)(2)) shall be equal to 35 percent of the taxable income.''. ( a) Check-the-Box Rules.--Paragraph (3) of section 7701(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'', and (2) by inserting after ``insurance companies'' the following: ``, and any foreign business entity that has one or more owners all of which have limited liability.''. ( ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(6) Application to certain entities.-- ``(A) Partnerships.--The secretary shall prescribe rules for application of this subsection to any partnership which is a member of any international financial reporting group. b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ( a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability. '', ( ( ( ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application of Section Based on Taxable Units.-- ``(1) In general.--The provisions of subsections (a), (b), (c), and (d) and sections 907 and 960 shall be applied separately with respect to each country and possession by taking into account the aggregate items properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of such country or possession. ( ( ``(B) Controlled group of corporations.--For purposes of this paragraph, the term `controlled group of corporations' has the same meaning given to such term by section 1563(a), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563.''. ( ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession.

To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. a) Check-the-Box Rules.--Paragraph (3) of section 7701(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'', and (2) by inserting after ``insurance companies'' the following: ``, and any foreign business entity that has one or more owners all of which have limited liability.''. ( b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before May 9, 2014,''. a) Acceleration of Modifications.--Section 59A(b) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by striking ``10 percent (5 percent in the case of taxable years beginning in calendar year 2018)'' and inserting ``12.5 percent'', (2) in paragraph (1)(B), by striking ``by the excess of'' and all that follows and inserting ``by the aggregate amount of the credits allowed under this chapter against such regular tax liability. '', ( ( ( d) Special Rule for Treaties.--Notwithstanding sections 894 or 7852(d) of the Internal Revenue Code of 1986, the amendments made by this section shall apply without regard to any treaty obligation of the United States.

11,293

14,712

H.R.2522

Public Lands and Natural Resources

Cerro de la Olla Wilderness Establishment Act This bill designates specified federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising 13,103 acres in the Rio Grande del Norte National Monument, to be known as the Cerro de la Olla Wilderness. The Department of the Interior shall enter into a cooperative agreement with New Mexico that specifies, subject to certain prohibition provisions under the Wilderness Act, the terms and conditions under which wildlife management activities in the wilderness may be carried out. Subject to such agreement and such prohibition provisions, Interior may authorize the maintenance of any existing structure or facility for wildlife water development projects (including guzzlers) in the wilderness, if The bill modifies the boundary of the monument.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cerro de la Olla Wilderness Establishment Act''. SEC. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS. (a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. 651) is amended-- (1) in the section heading, by striking ``cerro del yuta and rio san antonio'' and inserting ``rio grande del norte national monument''; (2) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) Map.--The term `map' means-- ``(A) for purposes of subparagraphs (A) and (B) of subsection (b)(1), the map entitled `Rio Grande del Norte National Monument Proposed Wilderness Areas' and dated July 28, 2015; and ``(B) for purposes of subsection (b)(1)(C), the map entitled `Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary' and dated January 28, 2021.''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'.''; (B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (b) Clerical Amendment.--The table of contents for the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 581) is amended by striking the item relating to section 1202 and inserting the following: ``Sec. 1202. Rio Grande del Norte National Monument Wilderness Areas.''. SEC. 3. RIO GRANDE DEL NORTE NATIONAL MONUMENT BOUNDARY MODIFICATION. The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021. <all>

Cerro de la Olla Wilderness Establishment Act

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Río Grande del Norte National Monument and to modify the boundary of the Río Grande del Norte National Monument.

Cerro de la Olla Wilderness Establishment Act

Rep. Leger Fernandez, Teresa

D

NM

This bill designates specified federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising 13,103 acres in the Rio Grande del Norte National Monument, to be known as the Cerro de la Olla Wilderness. The Department of the Interior shall enter into a cooperative agreement with New Mexico that specifies, subject to certain prohibition provisions under the Wilderness Act, the terms and conditions under which wildlife management activities in the wilderness may be carried out. Subject to such agreement and such prohibition provisions, Interior may authorize the maintenance of any existing structure or facility for wildlife water development projects (including guzzlers) in the wilderness, if The bill modifies the boundary of the monument.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cerro de la Olla Wilderness Establishment Act''. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS. (a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; (B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (b) Clerical Amendment.--The table of contents for the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 581) is amended by striking the item relating to section 1202 and inserting the following: ``Sec. Rio Grande del Norte National Monument Wilderness Areas.''. SEC. 3. RIO GRANDE DEL NORTE NATIONAL MONUMENT BOUNDARY MODIFICATION. The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS. (a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; (B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. 581) is amended by striking the item relating to section 1202 and inserting the following: ``Sec. SEC. 3. RIO GRANDE DEL NORTE NATIONAL MONUMENT BOUNDARY MODIFICATION. The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cerro de la Olla Wilderness Establishment Act''. SEC. 2. DESIGNATION OF CERRO DE LA OLLA WILDERNESS. (a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. 651) is amended-- (1) in the section heading, by striking ``cerro del yuta and rio san antonio'' and inserting ``rio grande del norte national monument''; (2) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) Map.--The term `map' means-- ``(A) for purposes of subparagraphs (A) and (B) of subsection (b)(1), the map entitled `Rio Grande del Norte National Monument Proposed Wilderness Areas' and dated July 28, 2015; and ``(B) for purposes of subsection (b)(1)(C), the map entitled `Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary' and dated January 28, 2021.''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'.''; (B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (b) Clerical Amendment.--The table of contents for the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9; 133 Stat. 581) is amended by striking the item relating to section 1202 and inserting the following: ``Sec. 1202. Rio Grande del Norte National Monument Wilderness Areas.''. SEC. 3. RIO GRANDE DEL NORTE NATIONAL MONUMENT BOUNDARY MODIFICATION. The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021. <all>

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; ( ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. ( The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; ( ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. ( The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; ( ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. ( The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; ( ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. ( The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. B) in paragraph (7)-- (i) by striking ``map and'' each place it appears and inserting ``maps and''; and (ii) in subparagraph (B), by striking ``the legal description and map'' and inserting ``the maps or legal descriptions''; and (C) by adding at the end the following: ``(12) Wildlife water development projects in cerro de la olla wilderness.-- ``(A) In general.--Subject to subparagraph (B) and in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the Secretary may authorize the maintenance of any structure or facility in existence on the date of enactment of this paragraph for wildlife water development projects (including guzzlers) in the Cerro de la Olla Wilderness if, as determined by the Secretary-- ``(i) the structure or facility would enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and ``(ii) the visual impacts of the structure or facility on the Cerro de la Olla Wilderness can reasonably be minimized. ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. (

To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to establish the Cerro de la Olla Wilderness in the Rio Grande del Norte National Monument and to modify the boundary of the Rio Grande del Norte National Monument. a) In General.--Section 1202 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 1132 note; Public Law 116-9; 133 Stat. ''; and (3) in subsection (b)-- (A) in paragraph (1), by adding at the end the following: ``(C) Cerro de la olla wilderness.--Certain Federal land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,103 acres as generally depicted on the map, which shall be known as the `Cerro de la Olla Wilderness'. ''; ( ``(B) Cooperative agreement.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall enter into a cooperative agreement with the State of New Mexico that specifies, subject to section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions under which wildlife management activities in the Cerro de la Olla Wilderness may be carried out.''. ( The boundary of the Rio Grande del Norte National Monument in the State of New Mexico is modified, as depicted on the map entitled ``Proposed Cerro de la Olla Wilderness and Rio Grande del Norte National Monument Boundary'' and dated January 28, 2021.

11,294

13,862

H.R.6487

Transportation and Public Works

Port Crane Security and Inspection Act of 2022 This bill limits the operation at U.S. ports of foreign cranes. Foreign cranes are those (1) manufactured by companies that are subject to the control or influence of a country designated as a foreign adversary, and (2) using software or other technology that connects to ports' cyber infrastructure. Foreign cranes that are contracted for on or after the date of the bill's enactment may not operate at a U.S. port. The bill also prohibits, effective five years after the date of the bill's enactment, foreign cranes at U.S. ports if the cranes use software or other technology manufactured by a company affiliated with a foreign adversary and connect to a port's cyber infrastructure. Additionally, the Cybersecurity and Infrastructure Security Agency (CISA) must (1) inspect foreign cranes before they are placed into operation for potential security vulnerabilities, and (2) assess the threat posed by security vulnerabilities on existing or newly constructed foreign cranes. CISA must also report to Congress about critical and high-risk security vulnerabilities posed by foreign cranes at U.S. ports.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Crane Security and Inspection Act of 2022''. SEC. 2. FOREIGN CRANE INSPECTION TRANSPORTATION AND PORT SECURITY AND MARITIME SECURITY ENHANCEMENT. (a) In General.--With respect to newly constructed foreign cranes procured for use at a United States port determined by the Secretary to be of high risk to port security or maritime transportation security and that connect to the cybersecurity network of such port, the Secretary of Homeland Security shall, acting through the Cybersecurity and Infrastructure Security Agency, before such crane is placed into service at such port, inspect such crane for potential security vulnerabilities. (b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. SEC. 3. FOREIGN CRANE PROHIBITION. (a) In General.--Notwithstanding any other provision of law, a foreign crane-- (1) for which a contract was entered into on or after the date of enactment of this Act may not be operated at a port located in the United States; and (2) operated at a port located in the United States may not operate foreign software on any date after the date which is 5 years after the date of enactment of this Act. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country. <all>

Port Crane Security and Inspection Act of 2022

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes.

Port Crane Security and Inspection Act of 2022

Rep. Gimenez, Carlos A.

R

FL

This bill limits the operation at U.S. ports of foreign cranes. Foreign cranes are those (1) manufactured by companies that are subject to the control or influence of a country designated as a foreign adversary, and (2) using software or other technology that connects to ports' cyber infrastructure. Foreign cranes that are contracted for on or after the date of the bill's enactment may not operate at a U.S. port. The bill also prohibits, effective five years after the date of the bill's enactment, foreign cranes at U.S. ports if the cranes use software or other technology manufactured by a company affiliated with a foreign adversary and connect to a port's cyber infrastructure. Additionally, the Cybersecurity and Infrastructure Security Agency (CISA) must (1) inspect foreign cranes before they are placed into operation for potential security vulnerabilities, and (2) assess the threat posed by security vulnerabilities on existing or newly constructed foreign cranes. CISA must also report to Congress about critical and high-risk security vulnerabilities posed by foreign cranes at U.S. ports.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Crane Security and Inspection Act of 2022''. 2. FOREIGN CRANE INSPECTION TRANSPORTATION AND PORT SECURITY AND MARITIME SECURITY ENHANCEMENT. (a) In General.--With respect to newly constructed foreign cranes procured for use at a United States port determined by the Secretary to be of high risk to port security or maritime transportation security and that connect to the cybersecurity network of such port, the Secretary of Homeland Security shall, acting through the Cybersecurity and Infrastructure Security Agency, before such crane is placed into service at such port, inspect such crane for potential security vulnerabilities. (b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. SEC. 3. FOREIGN CRANE PROHIBITION. (a) In General.--Notwithstanding any other provision of law, a foreign crane-- (1) for which a contract was entered into on or after the date of enactment of this Act may not be operated at a port located in the United States; and (2) operated at a port located in the United States may not operate foreign software on any date after the date which is 5 years after the date of enactment of this Act. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FOREIGN CRANE INSPECTION TRANSPORTATION AND PORT SECURITY AND MARITIME SECURITY ENHANCEMENT. (a) In General.--With respect to newly constructed foreign cranes procured for use at a United States port determined by the Secretary to be of high risk to port security or maritime transportation security and that connect to the cybersecurity network of such port, the Secretary of Homeland Security shall, acting through the Cybersecurity and Infrastructure Security Agency, before such crane is placed into service at such port, inspect such crane for potential security vulnerabilities. (b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. SEC. 3. FOREIGN CRANE PROHIBITION. (a) In General.--Notwithstanding any other provision of law, a foreign crane-- (1) for which a contract was entered into on or after the date of enactment of this Act may not be operated at a port located in the United States; and (2) operated at a port located in the United States may not operate foreign software on any date after the date which is 5 years after the date of enactment of this Act. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Crane Security and Inspection Act of 2022''. SEC. 2. FOREIGN CRANE INSPECTION TRANSPORTATION AND PORT SECURITY AND MARITIME SECURITY ENHANCEMENT. (a) In General.--With respect to newly constructed foreign cranes procured for use at a United States port determined by the Secretary to be of high risk to port security or maritime transportation security and that connect to the cybersecurity network of such port, the Secretary of Homeland Security shall, acting through the Cybersecurity and Infrastructure Security Agency, before such crane is placed into service at such port, inspect such crane for potential security vulnerabilities. (b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. SEC. 3. FOREIGN CRANE PROHIBITION. (a) In General.--Notwithstanding any other provision of law, a foreign crane-- (1) for which a contract was entered into on or after the date of enactment of this Act may not be operated at a port located in the United States; and (2) operated at a port located in the United States may not operate foreign software on any date after the date which is 5 years after the date of enactment of this Act. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country. <all>

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. ( (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. ( (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. ( (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. ( (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. ( (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. ( (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. ( (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding critical and high-risk foreign crane security vulnerabilities posed by existing or newly constructed foreign cranes within United States ports. ( (2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. b) Security Vulnerability Assessments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall assess the threat posed by security vulnerabilities of any existing or newly constructed foreign cranes. ( (d) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 2) Foreign crane.--The term ``foreign crane'' means a crane for which any software or other technology in such crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a covered foreign country. (b) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. ( 3) Foreign software.--The term ``foreign software'' means software or other technology in a foreign crane that is connected into cyber infrastructure at a port located in the United States was, in whole or in part, manufactured by a company wholly owned by a covered foreign country.

11,295

14,843

H.R.8103

Education

Harvesting Knowledge Act of 2022 This bill allows local educational agencies to use Student Support and Academic Enrichment grants to provide students with hands-on learning experience related to hydroponic or aquaponic agricultural systems (i.e., indoor agricultural technology).

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. SEC. 2. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. (a) Programming and Activities.--Section 4107(a)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7117(a)(3)(C)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) in clause (vi), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(vii) providing hands-on learning and exposure to hydroponic or aquaponic agricultural systems by integrating experiential, hands-on learning to enhance the students' understanding of the STEM subjects as they relate to-- ``(I) agriculture; ``(II) sustainability topics (including climate change, water resource management, efficient land use, biodiversity, conservation, and sustainable development); and ``(III) biology-related topics (including plant life cycles, functioning of ecosystems, and adaptation);''. (b) Definitions.--Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(10) Agricultural technology and engineering system.--The term `agricultural technology and engineering system' means a system that includes at least one of the following: ``(A) Nutrient technique film system. ``(B) Vine crop system. ``(C) Aeroponic tower system. ``(D) Other systems as determined by the Secretary in consultation with the Secretary of Agriculture. ``(11) Aquaponic agriculture system.--The term `aquaponic agriculture system' means a plant production system in which the waste produced from farmed fish or other aquatic animals supplies nutrients for plants grown hydroponically, which in turn purifies the water. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients.''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered. <all>

Harvesting Knowledge Act of 2022

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well-rounded education, and for other purposes.

Harvesting Knowledge Act of 2022

Rep. Espaillat, Adriano

D

NY

This bill allows local educational agencies to use Student Support and Academic Enrichment grants to provide students with hands-on learning experience related to hydroponic or aquaponic agricultural systems (i.e., indoor agricultural technology).

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. SEC. 2. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. (a) Programming and Activities.--Section 4107(a)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7117(a)(3)(C)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) in clause (vi), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(vii) providing hands-on learning and exposure to hydroponic or aquaponic agricultural systems by integrating experiential, hands-on learning to enhance the students' understanding of the STEM subjects as they relate to-- ``(I) agriculture; ``(II) sustainability topics (including climate change, water resource management, efficient land use, biodiversity, conservation, and sustainable development); and ``(III) biology-related topics (including plant life cycles, functioning of ecosystems, and adaptation);''. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(10) Agricultural technology and engineering system.--The term `agricultural technology and engineering system' means a system that includes at least one of the following: ``(A) Nutrient technique film system. ``(B) Vine crop system. ``(C) Aeroponic tower system. ``(D) Other systems as determined by the Secretary in consultation with the Secretary of Agriculture. ``(11) Aquaponic agriculture system.--The term `aquaponic agriculture system' means a plant production system in which the waste produced from farmed fish or other aquatic animals supplies nutrients for plants grown hydroponically, which in turn purifies the water. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. SEC. 2. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. (a) Programming and Activities.--Section 4107(a)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7117(a)(3)(C)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) in clause (vi), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(vii) providing hands-on learning and exposure to hydroponic or aquaponic agricultural systems by integrating experiential, hands-on learning to enhance the students' understanding of the STEM subjects as they relate to-- ``(I) agriculture; ``(II) sustainability topics (including climate change, water resource management, efficient land use, biodiversity, conservation, and sustainable development); and ``(III) biology-related topics (including plant life cycles, functioning of ecosystems, and adaptation);''. ``(10) Agricultural technology and engineering system.--The term `agricultural technology and engineering system' means a system that includes at least one of the following: ``(A) Nutrient technique film system. ``(B) Vine crop system. ``(C) Aeroponic tower system. ``(D) Other systems as determined by the Secretary in consultation with the Secretary of Agriculture. ``(11) Aquaponic agriculture system.--The term `aquaponic agriculture system' means a plant production system in which the waste produced from farmed fish or other aquatic animals supplies nutrients for plants grown hydroponically, which in turn purifies the water. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. SEC. 2. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. (a) Programming and Activities.--Section 4107(a)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7117(a)(3)(C)) is amended-- (1) in clause (v), by striking ``and'' at the end; (2) in clause (vi), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(vii) providing hands-on learning and exposure to hydroponic or aquaponic agricultural systems by integrating experiential, hands-on learning to enhance the students' understanding of the STEM subjects as they relate to-- ``(I) agriculture; ``(II) sustainability topics (including climate change, water resource management, efficient land use, biodiversity, conservation, and sustainable development); and ``(III) biology-related topics (including plant life cycles, functioning of ecosystems, and adaptation);''. (b) Definitions.--Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(10) Agricultural technology and engineering system.--The term `agricultural technology and engineering system' means a system that includes at least one of the following: ``(A) Nutrient technique film system. ``(B) Vine crop system. ``(C) Aeroponic tower system. ``(D) Other systems as determined by the Secretary in consultation with the Secretary of Agriculture. ``(11) Aquaponic agriculture system.--The term `aquaponic agriculture system' means a plant production system in which the waste produced from farmed fish or other aquatic animals supplies nutrients for plants grown hydroponically, which in turn purifies the water. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients.''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered. <all>

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. b) Definitions.--Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. '';

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. b) Definitions.--Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. '';

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. b) Definitions.--Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. '';

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. b) Definitions.--Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(12) Hydroponic agriculture system.--The term `hydroponic agriculture system' means a plant production system in which plants are grown in a soil-less environment where nutrients are provided by the application of nutrient solutions. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. '';

To amend the Elementary and Secondary Education Act of 1965 to include indoor agricultural technology as an activity that supports well- rounded education, and for other purposes. This Act may be cited as the ``Harvesting Knowledge Act of 2022''. 7112) is amended-- (1) by adding at the end the following: ``(9) Aeroponic tower system.--The term `aeroponic tower system' means a hydroponic growing system in which plants are grown vertically in an air-based environment where they receive regular misting with water and dissolved nutrients on their stems and roots during the production cycle. ``(13) Nutrient technique film system.--The term `nutrient technique film system' means a hydroponic growing system in which a shallow stream of water containing dissolved nutrients is re-circulated past the bare roots of plants in channels during the production cycle. ``(14) Vine crop system.--The term `vine crop system' means a hydroponic growing system in which vine crops and other tall fruiting crops (including tomatoes) are grown vertically to maximize the growing space using recirculating water and dissolved nutrients. ''; and (2) by reordering paragraphs (1) through (8) and the paragraphs added by paragraph (1) of this subsection in alphabetical order, based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

11,296

1,110

S.2672

Housing and Community Development

Choice Neighborhoods Initiative Act of 2021 This bill allows the Department of Housing and Urban Development to make competitive grants to local governments, public housing agencies, or nonprofit entities owning a major housing project to implement transformational housing programs in eligible neighborhoods with a concentration of extreme poverty and severely distressed housing. A program must, among other requirements, allow residents of public or assisted housing displaced by such a program to return to the replacement housing provided under the program.

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to 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. This Act may be cited as the ``Choice Neighborhoods Initiative Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Affordable housing.--The term ``affordable housing'' includes-- (A) public housing assisted under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g); (B) assisted housing; (C) housing assisted under an affordable housing program administered by the Secretary of Agriculture through Rural Housing Service; (D) rental housing that utilizes tax credits under section 42 of the Internal Revenue Code of 1986; (E) affordable rental housing owned, developed, or assisted through a State or local government or State housing finance agency, including State-assisted public housing, which is subject to a long-term affordability restriction requiring occupancy by low-income households; and (F) private housing for low- and moderate-income households and for which the Secretary requires the owner or purchaser of the project to maintain affordability for not less than 20 years in accordance with use restrictions under regulations issued by the Secretary, which restrictions shall be-- (i) contained in a legally enforceable document recorded in the appropriate records; and (ii) consistent with the long-term viability of the project as rental or homeownership housing. (2) Applicant.--The term ``applicant'' means an eligible entity under section 4(a) that submits an application for a grant under this Act pursuant to section 7. (3) Assisted housing.--The term ``assisted housing'' means rental housing assisted under-- (A) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (B) section 221(d)(3) or 236 of the National Housing Act (12 U.S.C. 1715l, 1715z-1); (C) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (D) section 811 of Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013). (4) Community development corporation.--The term ``community development corporation'' has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(b)). (5) Critical community improvements.--The term ``critical community improvements'' means-- (A) development or improvement of community facilities to promote upward mobility, self- sufficiency, or improved quality of life for residents of the neighborhood, such as construction or rehabilitation of parks and community gardens, environmental improvements, or site remediation at affected sites; or (B) activities to promote economic development, such as development or improvement of transit, retail, community financial institutions, public services, facilities, assets, or other community resources. (6) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Extreme poverty.--The term ``extreme poverty'' means, with respect to a neighborhood, that the neighborhood-- (A) has a high percentage of residents who are-- (i) estimated to be in poverty; or (ii) have extremely low incomes based on the most recent data collected by the Bureau of the Census; and (B) is experiencing distress related to-- (i) per capita crime rates over 3 or more years that are significantly higher than the per capita crime rates of the city or county in which the neighborhood is located; (ii) high rates of vacant, abandoned, or substandard homes relative to the city or county as a whole; (iii) a low-performing public school; or (iv) other such factors as determined by the Secretary that further the purposes of this Act. (8) Families; public housing; public housing agency.--The terms ``families'', ``public housing'', and ``public housing agency'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (9) Grantee.--The term ``grantee'' means an eligible entity under section 4 that is awarded a grant under this Act, pursuant to selection under section 7. (10) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (11) Local government.--The term ``local government'' has the meaning given the term ``unit of general local government'' in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)). (12) Long-term viability.--The term ``long-term viability'' means, with respect to a neighborhood, that the neighborhood is sustainable on an economic, education, and environmental basis. (13) Neighborhood.--The term ``neighborhood'' means an area that-- (A) has distinguishing characteristics; (B) represents the geographical distribution of targeted populations; and (C) is not exclusive of areas that are integrally related to the composition of the community. (14) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (15) Severely distressed housing.--The term ``severely distressed housing'' means a public or assisted housing project (or building in a project) that-- (A)(i) has been certified, by an engineer or architect licensed by a State licensing board, as meeting criteria for physical distress that indicate that the project requires major redesign, reconstruction, or redevelopment, or partial or total demolition, to correct serious deficiencies in the original design (including inappropriately high- population density), deferred maintenance, physical deterioration or obsolescence of major systems, and other deficiencies in the physical plant of the project; and (ii) is a significant contributing factor to the physical decline of and disinvestment by public and private entities in the surrounding neighborhood, as documented by evidence of non-physical distress, such as extreme poverty, including census data and past surveys of neighborhood stability conducted by an applicant or co-applicant or their qualified designee; or (B) was a project described in subparagraph (A) that has been legally vacated or demolished, but for which the Secretary has not yet provided replacement housing assistance other than tenant-based assistance. (16) Significant.--The term ``significant'' means, with respect to an amendment or change to a transformation plan, that the amendment or change-- (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. (17) Supportive services.--The term ``supportive services'' includes all activities that will promote upward mobility, self-sufficiency, or improved quality of life, including-- (A) such activities as literacy training, remedial and continuing education, job training, financial literacy instruction, daycare, youth services, aging- in-place, physical and mental health services, and other programs for which such residents demonstrate need; (B) case management and service coordination services, including providing coordinators for the Family Self-Sufficiency program under section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) and the Resident Opportunity and Supportive Services program under section 34 of such Act (42 U.S.C. 1437z- 6); and (C) technical assistance to enable residents to access programs from other key agencies and local service providers in order to help residents be stably housed, improve outcomes for children, and enhance adults' capacity for self-sufficiency and economic security, and services for the elderly and persons with disabilities to maintain independence. SEC. 3. GRANT AUTHORITY. The Secretary may make competitive grants to eligible entities that submit transformation plans for eligible neighborhoods that will further the purposes of this Act in eligible neighborhoods. SEC. 4. ELIGIBLE ENTITIES. (a) Primary Applicants.-- (1) In general.--A grant under this Act may be made only to a local government, a public housing agency, or a nonprofit entity that owns a major housing project that is proposed to be assisted under a grant under this Act, either as a sole applicant or as a co-applicant with another local government or public housing agency or with an entity specified in subsection (b). (2) Nonprofit entities.--A nonprofit entity may be a sole applicant under paragraph (1) only if the application has the support of a local government. (b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. (2) For-profit entities.--A for-profit entity that owns a major housing project that is proposed to be assisted under a grant under this Act made in fiscal year 2022 or thereafter and that has an established presence in the community may be a co- applicant for a grant under this Act. (3) Required co-applicants.--A grant under this Act may not be made for an application that will involve transformation of a major public housing project unless the public housing agency having jurisdiction with respect to the project is the sole applicant or a co-applicant for the application. (c) Partners.--Nothing in this section may be construed to limit the ability of an applicant to partner with any entity in carrying out activities with a grant under this Act. SEC. 5. ELIGIBLE NEIGHBORHOODS. A grant under this Act may be made only for activities to be conducted in neighborhoods that have-- (1) a concentration of extreme poverty; and (2) housing that is severely distressed housing. SEC. 6. AUTHORIZED ACTIVITIES. (a) In General.--Amounts from a grant under this Act may be used only for transformational programs and activities in accordance with a transformation plan approved under section 7 that will further the purposes of this Act. (b) Required Activities.--Each transformation plan submitted pursuant to section 7 and implemented by a grantee under this Act shall include the following activities: (1) The transformation of housing through rehabilitation, preservation, or demolition and replacement of severely distressed housing projects, expansion of affordable housing opportunities, or any combination thereof, which may incorporate energy-efficient design principles. (2) The one-for-one replacement of any public and assisted housing units demolished or disposed of in accordance with the requirements under section 9. (3) Activities that promote economic self-sufficiency of residents of the revitalized housing and of the surrounding neighborhood. (4) Activities that preserve affordable housing in the neighborhood and other activities necessary to ensure that existing public and assisted housing residents have access to the benefits of the neighborhood transformation. (5) Activities that demonstrate that each resident of housing assisted by the grant who is displaced by the transformation plan and who wishes to return to the revitalized on-site housing in the neighborhood or to replacement housing outside of the neighborhood, can return, and shall be provided a preference in accordance with the program requirements under section 8. (6) Activities that meet the program requirements for replacement of housing units under section 9. (7) Activities that meet the fair housing program requirements under section 10(a) and the accessibility requirements under section 10(b). (8) Appropriate service coordination and supportive services. (9) Resident involvement, as described in section 8, in planning and implementation of the transformation plan, including reasonable steps to help ensure meaningful participation for residents who, as a result of their national origin, are limited in their English language proficiency. (10) Monitoring, under section 8(g), of residents relocated during redevelopment throughout the term of the grant or until full occupancy of replacement housing, whichever is completed later. (11) Relocation assistance, including tenant-based rental assistance renewable under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), mobility or relocation counseling over multiple years, reasonable moving costs, and security deposits. (12) Establishment of links to local education efforts, as described in subsection (c)(3). (13) Activities to comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). (c) Eligible Activities.--Amounts from a grant under this Act may be used for the following activities: (1) Construction, acquisition, or rehabilitation of affordable housing, which may include energy efficiency improvements and sustainable design features for that housing. (2) Acquisition or disposition of residential properties, including properties subject to a mortgage previously insured, and foreclosed upon, by the Federal Housing Administration, and demolition. (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. (4) Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17). (5) Rehabilitation and physical improvement of community facilities that are primarily intended to facilitate the delivery of community and supportive services that have a significant benefit to residents of housing assisted by the grant and residents of off-site replacement housing. (6) Work incentives designed to help low-income residents assisted by the housing under this Act access jobs and move toward self-sufficiency. (7) Partnering with employers and for-profit and nonprofit organizations to create jobs and job training opportunities that have a significant benefit to residents of housing assisted under this Act. (8) Activities that promote sustainable housing by incorporating principles of sustainable design and development, including energy efficiency. (9) Critical community improvements undertaken at sites that are adjacent to, or in the immediate vicinity of, housing assisted under this Act. (10) Loss reserves to protect residents of housing assisted by the grant and continue the project in the case of default, foreclosure, or any other adverse financial event. (d) Additional Plan.--The Secretary shall require any grantee under this Act that will provide benefits under paragraph (3), (4), (5), or (7) of subsection (c) to any residents who are not living in housing assisted with a grant under this Act to submit to the Secretary a plan identifying how such services will be provided. (e) Eligible Methods of Support.--Activities carried out with amounts from a grant under this Act may be carried out through-- (1) endowments or revolving loan funds; or (2) land assembly, land banking, and other activities, except that no amounts made available for use under this Act may be used to acquire any property by means of the exercise of the power of eminent domain. (f) Funding Limitations.-- (1) School buildings.--No amounts from grant under this Act may be used for construction or rehabilitation of an elementary school or secondary school or an institution of higher education, except that such amounts may be used to construct common infrastructure that is shared by such a school or institution and by housing assisted under this Act, or community facilities authorized under subsection (c)(5), but only if costs are shared on a pro rata basis and the grantee certifies, and the Secretary determines, that such use of funds will not promote or further segregation. (2) Non-housing activities and supportive services.--For each grant under this Act, the grantee shall comply with each of the following requirements: (A) Of the amount of the grant, not more than 25 percent may be used for eligible activities under paragraphs (3) through (9) of subsection (c). (B) Of the amount of the grant, not more than 5 percent may be used for eligible activities under paragraphs (8) and (9) of subsection (c). (3) Consultation.--With respect to activities assisted pursuant to paragraph (2), the Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Energy, the Secretary of Transportation, the Secretary of Education, and the Attorney General in identifying funding resources that may be provided to supplement amounts from grants under this Act. SEC. 7. SUBMISSION AND SELECTION OF TRANSFORMATION PLANS. (a) Transformation Plan Requirements.--To be eligible for a grant under this Act, an eligible entity shall submit to the Secretary, at such time in accordance with procedures as the Secretary shall prescribe, an application in the form of a transformation plan that-- (1) demonstrates how the transformation plan will achieve the desired priority outcomes of transforming a distressed neighborhood of extreme poverty into a mixed-income neighborhood with high quality, safe, and affordable housing (including the one-for-one replacement of any public or assisted housing units demolished or disposed of under the transformation plan), economic opportunities, well-functioning services, public assets, access to jobs, public transportation, and effective education programs and public schools, including charter schools and other autonomous public schools; (2) demonstrates how the required activities under section 6(b) will be carried out, including a detailed description of the housing transformation activities under paragraphs (1) and (2) of such section; (3) describes the other eligible activities under section 6(c) that will be carried out in support of the housing transformation; (4) defines desired outcomes of the strategy, how residents of housing assisted under this Act will benefit, describes the challenges they face, and the evidence base that informs the proposed strategies that will result in the desired outcomes for the community and residents; (5) includes a long-term affordability plan, developed in collaboration with residents of the public and assisted housing assisted under this Act, that describes how the grantee will maintain affordable housing in the neighborhood over the next 50 years or longer, including affordability provisions relating to dwelling units provided using assistance under the grant under this Act, and an agreement by the applicant to update the plan every 5 years during such period; and (6) includes such other information as the Secretary shall, by regulation, prescribe. (b) Selection Criteria.--The Secretary shall establish criteria for the award of grants under this Act, with the greatest consideration given to applicant and neighborhood need as identified in section 5, and which shall include the extent to which the transformation plan-- (1) demonstrates the ability of the plan to further the purposes of this Act; (2) demonstrates inclusive local planning with input from local governments, housing owners and providers, educators, residents of housing assisted under this Act, local community organizations, public schools, early learning in programs, health service organizations, and community stakeholders in the development and implementation of a sustainable revitalization program; (3) includes efforts to coordinate multiple funding resources, including public, private, and philanthropic funding, and emphasizes collaboration between local governments, early learning programs and public schools, or a public housing agency, or all 3; (4) includes current data showing that the neighborhood targeted for revitalization is in need of and can benefit from the authorized activities described in section 6 and proposed in the transformation plan; (5) demonstrates the capability and record of the applicant and the partners of the applicant for managing housing redevelopment or modernization projects, successfully working with public and assisted housing residents during the planning and redesign process, and meeting performance benchmarks; (6) demonstrates that sustainable building and energy efficient design principles are incorporated or will be incorporated in the activities conducted pursuant to the plan; (7) demonstrates that the applicant has plans to have, within a reasonable time, improved access to public transportation in the neighborhood that provides access to economic opportunities and commercial and public services; (8) demonstrates that the residents of revitalized housing developments will have, to the extent possible, improved access to high-quality educational opportunities, including early learning and effective elementary and secondary public schools, in or outside of the neighborhood; (9) demonstrates that the transformation plan includes the provision of appropriate supportive services and activities that promote economic self-sufficiency of residents of housing assisted under the grant, and a plan to sustain those services; (10) demonstrates that the transformation plan provides support for residents displaced as a result of the revitalization of the project, including assistance in obtaining housing in areas with low concentrations of poverty in a manner that does not increase racial segregation; (11) demonstrates that sufficient housing opportunities are available in the neighborhood to be revitalized and in low- poverty areas to accommodate displaced residents, in a manner that does not increase racial segregation; (12) includes a well-documented assessment of the number of households with special needs for ongoing supportive services residing in the public or assisted housing properties that are the target of the grant and an effective plan to address those needs; (13) demonstrates the compliance with the requirements of section 9, regarding one-for-one replacement of public and assisted housing units; (14) demonstrates how the applicant will use indicators of housing redevelopment, neighborhood quality, resident well- being, and other outcomes to measure success, manage program implementation, and engage stakeholders, consistent with requirements established by the Secretary; (15) demonstrates, if feasible, phased redevelopment that provides for demolition and construction of dwelling units in phases, to limit disruptions to residents; (16) demonstrates that the neighborhood will improve its long-term viability through the revitalization of severely distressed housing, improved access to economic opportunities, improved investment and leveraging in well-functioning services, and improved education programs, public assets, public transportation and access to jobs; and (17) demonstrates compliance with any other factors and priorities that further the purposes of this Act, as the Secretary may, by regulation, prescribe. SEC. 8. RIGHT OF RESIDENTS TO RETURN; RELOCATION. (a) Determination of Resident Preferences.--An applicant shall, not later than 30 days before submitting an application to the Secretary for a grant under this Act-- (1) hold a community meeting and provide information to all residents who occupy a dwelling unit in public housing or assisted housing subject to the transformation plan of-- (A) the intent of the applicant to submit an application for a grant under this Act; (B) their right to return and relocation housing options; and (C) all planned replacement housing units; and (2) solicit from each resident information regarding the desire of the resident to return to the replacement housing units constructed upon the original public or assisted housing location, interest in moving to other neighborhoods or communities, or interest in retaining a voucher for rental assistance. (b) Resident Involvement.-- (1) In general.--Each transformation plan assisted under this Act shall provide opportunities for the active involvement and participation of, and consultation with, residents of the public and assisted housing that is subject to the transformation plan during the planning process for the transformation plan, including prior to submission of the application, and during all phases of the planning and implementation, which opportunities-- (A) may include participation of members of any resident council or tenant organization, but may not be limited to those members; and (B) shall include-- (i) all segments of the population of residents of the public and assisted housing that is subject to the revitalization plan, including single parent-headed households, the elderly, young employed and unemployed adults, teenage youth, and disabled persons; and (ii) a process that provides opportunity for comment on specific proposals for redevelopment, any demolition and disposition involved, and any proposed significant amendments or changes to the transformation plan. (2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. (3) Significant amendments or changes to plan.--An applicant may not carry out any significant amendment or change to a transformation plan unless-- (A) the applicant has convened and conducted a public meeting regarding the significant amendment or change at a time and location that is convenient for residents of the public and assisted housing subject to the plan and has provided each household occupying a dwelling unit in the public and assisted housing with written notice of the meeting not less than 10 days before such meeting; (B) after the meeting held under subparagraph (A), the applicant consults with the households occupying dwelling units in the public and assisted housing that are subject to, or to be subject to the plan, and the agency submits a report to the Secretary describing the results of the consultation; and (C) the Secretary approves the significant amendment or change. (c) Right To Return.--The Secretary may not approve a transformation plan under this Act unless the plan provides that each resident of public or assisted housing displaced by activities under the transformation plan who wishes to return to the on-site or off-site replacement housing provided under the plan may return if the resident-- (1) was in compliance with the lease at the time of departure from the housing subject to rehabilitation or demolition; and (2) would be eligible, as of the time of the return, for occupancy under the eligibility, screening, and occupancy standards, policies, or practices applicable to the housing from which the resident was displaced, as in effect at the time of displacement. (d) Relocation, Notice, Application for Vouchers, and Data.--All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act.-- The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply. To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. (2) Relocation plan.--The applicant shall submit to the Secretary, together with the application for a grant under this Act, a relocation plan providing for the relocation of residents occupying the public or assisted housing for which the demolition or disposition is proposed, which shall include-- (A) a statement of the estimated number of vouchers for rental assistance under section 8 that will be needed for such relocation; (B) identification of the location of the replacement dwelling units that will be made available for permanent occupancy; and (C) a statement of whether any temporary, off-site relocation of any residents is necessary and a description of the plans for such relocation. (3) Notice upon approval of application.--Within a reasonable time after notice to the applicant of the approval of an application for a grant under this section, the applicant shall provide notice in writing, in plain and non-technical language, to the residents of the public and assisted housing subject to the approved transformation plan that-- (A) states that the application and transformation plan has been approved; (B) describes the process involved to relocate the residents, including a statement that the residents may not be relocated until the conditions set forth in section 10 have been met; (C) provides information regarding relocation options; and (D) advises residents of the availability of relocation counseling as required in paragraph (7). (4) Notice before relocation.--Except in cases of a substantial and imminent threat to health or safety, not later than 90 days before the date on which residents will be relocated, the grantee shall provide notice in writing, in plain and non-technical language, to each family residing in a public or assisted housing project that is subject to an approved transformation plan, and in accordance with such guidelines as the Secretary may issue governing such notifications, that-- (A) the public or assisted housing project will be demolished or disposed of; (B) the demolition of the building in which the family resides will not commence until each resident of the building is relocated; and (C) if temporary, off-site relocation is necessary, each family displaced by the action shall be offered comparable housing-- (i) that meets housing quality standards; (ii) that is located in an area that is generally not less desirable than the location of the housing of the displaced family, which shall include not less than 1 unit located in an area of low poverty or 1 unit located within the neighborhood of the original public or assisted housing site; (iii) that is identified and available to the family; and (iv) which shall include-- (I) tenant-based assistance, except that the requirement under this subparagraph regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of the family into such housing; (II) project-based assistance; (III) occupancy in a unit operated or assisted by the public housing agency or the owner of the assisted project demolished or disposed of under this section, at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is relocated; or (IV) other comparable housing. (5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. (B) Extension.--If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall-- (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. (6) Payment of relocation expenses.--The grantee shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (7) Comprehensive relocation counseling.--The grantee shall provide all advisory programs and services as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and counseling for residents who are displaced that shall-- (A) fully inform residents to be displaced of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence, a neighborhood where relocation will not increase racial segregation, or remaining in the current neighborhood; and (B) include providing school options for children and comprehensive housing search assistance for households that receive a voucher for tenant-based assistance. (8) Timing of demolition or disposition.--The grantee shall not commence demolition or complete disposition of a building subject to the approved transformation plan until all residents residing in the building are relocated. (9) Timing of relocation.--The applicant shall not commence relocation before approval by the Secretary of the transformation plan providing for the demolition or disposition, unless the applicant generally relocates residents in accordance with this section, as determined by the Secretary, except in the case of a substantial and imminent threat to health or safety. (e) Monitoring of Displaced Households.-- (1) Grantee responsibilities.--To facilitate compliance with the requirement under subsection (a) (relating to right of residents to return), the Secretary shall, by regulation, require each grantee of a grant under this section, during the period of the transformation plan assisted with the grant and until all funding under the grant has been expended-- (A) to maintain a current address of residence and contact information for each household affected by the transformation plan who was occupying a dwelling unit in the housing that is subject to the plan; and (B) to provide such updated information to the Secretary on at least a quarterly basis. (2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. (f) Preference.--A returning resident shall be provided a preference for occupancy of on-site or off-site replacement units before those units are made available for occupancy by any other eligible households, or the resident may choose to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for relocation from the properties revitalized under a transformation plan assisted with a grant under this Act. (g) Prohibition on Re-Screening.--A public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit. SEC. 9. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND ASSISTED HOUSING DWELLING UNITS. (a) One-for-One Replacement of Public or Assisted Housing Units.-- The Secretary may not approve a transformation plan that provides for dwelling units to be demolished or disposed of unless the plan provides as follows: (1) Requirement to replace each unit.--One hundred percent of the public and assisted housing dwelling units and units described in section 2(1)(E) that are demolished or disposed of pursuant to the transformation plan shall be replaced with a newly constructed, rehabilitated, or purchased public or assisted housing unit or with a newly constructed, rehabilitated, or purchased unit (including through project- based assistance) that is subject to requirements regarding eligibility for occupancy, tenant contribution toward rent, and long-term affordability restrictions that are consistent with such requirements for public and assisted housing dwelling units or for State units, as applicable, except that subparagraphs (B) and (D) of section 8(o)(13) of the United States Housing Act of 1936 (relating to percentage limitation and income mixing requirement of project-based assistance) shall not apply with respect to vouchers used to comply with the requirements of this paragraph. (2) Other requirements.--Admission to, administration of, and eviction from replacement housing units that replaced public housing units, but that are not public housing dwelling units, shall be subject to the following provisions to the same extent as public housing dwelling units: (A) Section 578 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13663; relating to ineligibility of dangerous sex offenders). (B) Section 16(f) of the United States Housing Act of 1937 (42 U.S.C. 1437n(f); relating to ineligibility of certain drug offenders). (C) Sections 20 and 21 of the United States Housing Act of 1937 (42 U.S.C. 1437r, 1437s; relating to resident management). (D) Section 25 of the United States Housing Act of 1937 (42 U.S.C. 1437w; relating to transfer of management at request of residents). (E) Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k); relating to administrative grievance procedure). (F) Section 6(f) of the United States Housing Act of 1937 (42 U.S.C. 1437d(f); relating to housing quality requirements). (G) Part 964 of title 24, Code of Federal Regulations (relating to tenant participation and opportunities). (3) Retention of rights.--Tenants occupying a replacement housing unit shall have all rights provided to tenants of the housing from which the tenants were relocated. (4) Size.-- (A) In general.--Replacement units shall be of comparable size, unless a market analysis shows a need for other-sized units, in which case such need shall be addressed. (B) Bedrooms.--The number of bedrooms within each replacement unit shall be sufficient to serve families displaced as a result of the demolition or disposition. (5) Location on site.--At least one-third of all replacement units for public and assisted housing units demolished shall be public or assisted housing units constructed within the immediate area of the original public or assisted housing location, unless the Secretary determines that-- (A) construction on the location would result in the violation of a consent decree; or (B) the land on which the public and assisted housing is located is environmentally unsafe or geologically unstable. (6) Location in the neighborhood.--Any replacement housing units provided in addition to dwelling units provided pursuant to paragraph (5) shall-- (A) be provided in areas within the neighborhood, except that if rebuilding the units within the neighborhood is not feasible, units shall be provided within the jurisdiction of the public housing agency-- (i) in a manner that furthers the economic and educational opportunities for residents; and (ii) in areas offering access to public transportation; and (B) have access to social, recreational, educational, commercial, and health facilities and services, including municipal services and facilities, that are comparable to services provided to the revitalized neighborhood from which residents were displaced. (7) Location outside of jurisdiction.--If rebuilding replacement housing units within the jurisdiction, in a manner that complies with the requirements of clauses (i) through (iv) of subparagraph (A) and subparagraph (B) of paragraph (6) is not feasible, units may be provided outside of the jurisdiction of the public housing agency, but within the metropolitan area of such jurisdiction, provided-- (A) the grantee requests, and the public housing agency or local government in which such units shall be located, agrees to such transfer of units; and (B) the units shall comply with the requirements of clauses (i) through (iv) of subparagraph (A) and subparagraph (B) of paragraph (6). (b) Waiver.-- (1) Authority.--Upon the written request of an applicant for a grant under this Act submitted as part of the transformation plan pursuant to section 7, the Secretary may reduce the percentage applicable under subsection (a)(1) to the transformation plan of the applicant to not less than 90 percent, but only if-- (A) a judgment, consent decree, or other order of a court limits the ability of the applicant to comply with such requirements; or (B) the applicant demonstrates that there is an excess supply of affordable rental housing in areas of low poverty and provides data showing that, in the area surrounding the revitalized neighborhood-- (i) not less than 90 percent of vouchers issued under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) over the last 24 months to comparable families were successfully used to lease a dwelling unit within 120 days of issuance or, if a sufficient number of comparable families have not received vouchers, an alternative measure, as the Secretary shall design, is met; (ii) existing voucher holders are widely dispersed geographically in areas of low poverty with access to public transportation, education, and other amenities, as determined by the Secretary, among the available private rental housing stock; and (iii) the applicant provides a market analysis demonstrating that-- (I) there is a relatively high vacancy rate among units that would meet or exceed housing quality standards, as determined by the Secretary, within the market area with rent and utility costs not exceeding the applicable payment standard under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); and (II) the high vacancy rate within the market area is expected to continue for the next 5 years or longer. SEC. 10. OTHER PROGRAM REQUIREMENTS. (a) Fair Housing.-- (1) In general.--The demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). (2) Marketing and outreach.--Grantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers, which shall be targeted to those who are least likely to apply for the housing, to ensure that all persons regardless of their race, color, national origin, religion, sex, disability, or familial status are aware of the housing opportunities in each project funded with a grant under this Act. (b) Accessibility Requirements.--All new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act (42 U.S.C. 3601 et seq.), and any other requirements as determined by the Secretary. (c) Affordability Requirement.--Amounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer. (d) Cost Limits.--Subject to the provisions of this Act, the Secretary shall establish cost limits on eligible activities under this Act sufficient to provide for effective transformation programs. (e) Environmental Review.--For purposes of environmental review, assistance and projects under this Act shall be-- (1) treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547(c)); and (2) subject to the regulations issued by the Secretary to implement such section. (f) Grantee Reporting.--The Secretary shall require grantees under this Act to report the sources and uses of all amounts expended and other information for transformation plans for the annual report of the Secretary to Congress or other purposes as determined by the Secretary. SEC. 11. DEMOLITION AND DISPOSITION. (a) Inapplicability of Public Housing Demolition and Disposition Requirements to Transformation Plan.--The demolition or disposition of severely distressed public housing pursuant to a transformation plan approved under this Act shall be exempt from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). (b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). SEC. 12. PHASE-SPECIFIC UNDERWRITING. To the extent that a transformation plan provides for different phases of activities, the Secretary may allow for the various phases of the plan to be underwritten on a separate basis. SEC. 13. ADMINISTRATION BY OTHER ENTITIES. The Secretary may require a grantee under this Act to make arrangements satisfactory to the Secretary for use of an entity other than the original grantee to carry out activities assisted under the transformation plan of the grantee, if-- (1) the original grantee has failed to meet performance benchmarks relating to implementation of the transformation plan; and (2) the Secretary determines that the action will help to effectuate the purposes of this Act. SEC. 14. WITHDRAWAL OF FUNDING. If a grantee under this Act does not proceed within a reasonable timeframe in implementing the transformation plan of the grantee or does not otherwise comply with the requirements of this Act and the grant agreement, as determined by the Secretary, the Secretary may-- (1) withdraw any grant amounts under this Act that have not been obligated by the grantee; and (2) redistribute any withdrawn amounts to 1 or more other eligible entities capable of proceeding expeditiously in the same locality in carrying out the transformation plan of the original grantee, or as such plan may be modified and approved by the Secretary, or, if that is not feasible, to 1 or more other applicants that have already received assistance under this Act. SEC. 15. ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION. (a) Annual Report.--Not less than 90 days before the conclusion of each fiscal year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the implementation and status of grants awarded under this Act, which shall include-- (1) the number, type, and cost of affordable housing units revitalized pursuant to this Act; (2) the amount and type of financial assistance provided under and in conjunction with this Act, including a specification of the amount and type of assistance provided for educational opportunities, services, public assets, public transportation, and access to jobs; (3) the impact of grants made under this Act on the original residents, the target neighborhoods, and the larger communities within which they are located; (4) all information submitted to the Secretary pursuant to section 8(e)(1) by all grantees and summaries of the extent of compliance by grantees with the requirements under subsections (a) and (g) of section 8; and (5) any information related to grantees implementation of the requirements under section 9 (relating to one-for-one replacement of public housing dwelling units) and the efforts of the Secretary to coordinate funding pursuant to section 6(e)(3). (b) Public Availability of Grant Information.-- (1) In general.--To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents. (2) Privacy.--In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act. SEC. 16. FUNDING. There are authorized to be appropriated the following amounts: (1) Grants.--$1,000,000,000 for fiscal year 2022 and such sums as may be necessary in each subsequent fiscal year, for grants under this Act, of which, in any fiscal year-- (A) up to 10 percent of such amount authorized may be used for planning grants, except that in awarding planning grants, the Secretary may elect to base selection on a subset of the required provisions of this Act; (B) up to 5 percent of the amount authorized may be used for technical assistance and program evaluation efforts related to grants awarded under this Act, or under predecessor programs; and (C) not less than 80 percent shall be used for, or 80 percent of the number of housing units assisted under this Act shall be, public housing units, subject to de minimis variations as may result from the grantee selection process. (2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1). SEC. 17. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act: (1) Paragraphs (5), (7), (12), (13), and (15) of section 2. (2) Subsections (c) and (f) of section 6. (3) Section 9(b). <all>

Choice Neighborhoods Initiative Act of 2021

A bill to authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed-income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes.

Choice Neighborhoods Initiative Act of 2021

Sen. Menendez, Robert

D

NJ

This bill allows the Department of Housing and Urban Development to make competitive grants to local governments, public housing agencies, or nonprofit entities owning a major housing project to implement transformational housing programs in eligible neighborhoods with a concentration of extreme poverty and severely distressed housing. A program must, among other requirements, allow residents of public or assisted housing displaced by such a program to return to the replacement housing provided under the program.

2. In this Act: (1) Affordable housing.--The term ``affordable housing'' includes-- (A) public housing assisted under section 9 of the United States Housing Act of 1937 (42 U.S.C. (6) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1437a(b)). (16) Significant.--The term ``significant'' means, with respect to an amendment or change to a transformation plan, that the amendment or change-- (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. 3. GRANT AUTHORITY. 4. (b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. 5. ELIGIBLE NEIGHBORHOODS. 6. AUTHORIZED ACTIVITIES. (8) Appropriate service coordination and supportive services. (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. 7. SUBMISSION AND SELECTION OF TRANSFORMATION PLANS. 8. RIGHT OF RESIDENTS TO RETURN; RELOCATION. shall apply. (B) Extension.--If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall-- (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND ASSISTED HOUSING DWELLING UNITS. 1437d(f); relating to housing quality requirements). 1437f(o)); and (II) the high vacancy rate within the market area is expected to continue for the next 5 years or longer. 10. OTHER PROGRAM REQUIREMENTS. 3608(e)). ), and any other requirements as determined by the Secretary. (c) Affordability Requirement.--Amounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer. 11. DEMOLITION AND DISPOSITION. 12. 13. 15. ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION. FUNDING. SEC. 17. REGULATIONS.

2. In this Act: (1) Affordable housing.--The term ``affordable housing'' includes-- (A) public housing assisted under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). 3. GRANT AUTHORITY. 4. (b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. 5. ELIGIBLE NEIGHBORHOODS. 6. AUTHORIZED ACTIVITIES. (8) Appropriate service coordination and supportive services. (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. 7. SUBMISSION AND SELECTION OF TRANSFORMATION PLANS. 8. RIGHT OF RESIDENTS TO RETURN; RELOCATION. shall apply. (B) Extension.--If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall-- (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND ASSISTED HOUSING DWELLING UNITS. 1437d(f); relating to housing quality requirements). 10. OTHER PROGRAM REQUIREMENTS. 3608(e)). ), and any other requirements as determined by the Secretary. (c) Affordability Requirement.--Amounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer. DEMOLITION AND DISPOSITION. 12. 13. FUNDING. SEC. REGULATIONS.

2. In this Act: (1) Affordable housing.--The term ``affordable housing'' includes-- (A) public housing assisted under section 9 of the United States Housing Act of 1937 (42 U.S.C. (6) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1437a(b)). (16) Significant.--The term ``significant'' means, with respect to an amendment or change to a transformation plan, that the amendment or change-- (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. 3. GRANT AUTHORITY. 4. (2) Nonprofit entities.--A nonprofit entity may be a sole applicant under paragraph (1) only if the application has the support of a local government. (b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. 5. ELIGIBLE NEIGHBORHOODS. A grant under this Act may be made only for activities to be conducted in neighborhoods that have-- (1) a concentration of extreme poverty; and (2) housing that is severely distressed housing. 6. AUTHORIZED ACTIVITIES. (3) Activities that promote economic self-sufficiency of residents of the revitalized housing and of the surrounding neighborhood. (8) Appropriate service coordination and supportive services. 1437f), mobility or relocation counseling over multiple years, reasonable moving costs, and security deposits. (c) Eligible Activities.--Amounts from a grant under this Act may be used for the following activities: (1) Construction, acquisition, or rehabilitation of affordable housing, which may include energy efficiency improvements and sustainable design features for that housing. (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. 7. SUBMISSION AND SELECTION OF TRANSFORMATION PLANS. 8. RIGHT OF RESIDENTS TO RETURN; RELOCATION. shall apply. To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. (B) Extension.--If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall-- (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. 4601 et seq.) (g) Prohibition on Re-Screening.--A public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND ASSISTED HOUSING DWELLING UNITS. 1437d(f); relating to housing quality requirements). (3) Retention of rights.--Tenants occupying a replacement housing unit shall have all rights provided to tenants of the housing from which the tenants were relocated. 1437f(o)); and (II) the high vacancy rate within the market area is expected to continue for the next 5 years or longer. 10. OTHER PROGRAM REQUIREMENTS. 3608(e)). ), and any other requirements as determined by the Secretary. (c) Affordability Requirement.--Amounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer. 11. DEMOLITION AND DISPOSITION. 12. PHASE-SPECIFIC UNDERWRITING. 13. 14. 15. ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION. FUNDING. SEC. 17. REGULATIONS.

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. SHORT TITLE. 2. In this Act: (1) Affordable housing.--The term ``affordable housing'' includes-- (A) public housing assisted under section 9 of the United States Housing Act of 1937 (42 U.S.C. (6) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1437a(b)). (12) Long-term viability.--The term ``long-term viability'' means, with respect to a neighborhood, that the neighborhood is sustainable on an economic, education, and environmental basis. (16) Significant.--The term ``significant'' means, with respect to an amendment or change to a transformation plan, that the amendment or change-- (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. 3. GRANT AUTHORITY. 4. (2) Nonprofit entities.--A nonprofit entity may be a sole applicant under paragraph (1) only if the application has the support of a local government. (b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. 5. ELIGIBLE NEIGHBORHOODS. A grant under this Act may be made only for activities to be conducted in neighborhoods that have-- (1) a concentration of extreme poverty; and (2) housing that is severely distressed housing. 6. AUTHORIZED ACTIVITIES. (a) In General.--Amounts from a grant under this Act may be used only for transformational programs and activities in accordance with a transformation plan approved under section 7 that will further the purposes of this Act. (3) Activities that promote economic self-sufficiency of residents of the revitalized housing and of the surrounding neighborhood. (8) Appropriate service coordination and supportive services. 1437f), mobility or relocation counseling over multiple years, reasonable moving costs, and security deposits. (c) Eligible Activities.--Amounts from a grant under this Act may be used for the following activities: (1) Construction, acquisition, or rehabilitation of affordable housing, which may include energy efficiency improvements and sustainable design features for that housing. (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. 7. SUBMISSION AND SELECTION OF TRANSFORMATION PLANS. 8. RIGHT OF RESIDENTS TO RETURN; RELOCATION. shall apply. To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. (B) Extension.--If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall-- (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. 4601 et seq.) (g) Prohibition on Re-Screening.--A public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND ASSISTED HOUSING DWELLING UNITS. 1437d(f); relating to housing quality requirements). (3) Retention of rights.--Tenants occupying a replacement housing unit shall have all rights provided to tenants of the housing from which the tenants were relocated. (b) Waiver.-- (1) Authority.--Upon the written request of an applicant for a grant under this Act submitted as part of the transformation plan pursuant to section 7, the Secretary may reduce the percentage applicable under subsection (a)(1) to the transformation plan of the applicant to not less than 90 percent, but only if-- (A) a judgment, consent decree, or other order of a court limits the ability of the applicant to comply with such requirements; or (B) the applicant demonstrates that there is an excess supply of affordable rental housing in areas of low poverty and provides data showing that, in the area surrounding the revitalized neighborhood-- (i) not less than 90 percent of vouchers issued under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); and (II) the high vacancy rate within the market area is expected to continue for the next 5 years or longer. 10. OTHER PROGRAM REQUIREMENTS. 3608(e)). ), and any other requirements as determined by the Secretary. (c) Affordability Requirement.--Amounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer. 11. DEMOLITION AND DISPOSITION. 1437p). 12. PHASE-SPECIFIC UNDERWRITING. 13. 14. 15. ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION. FUNDING. SEC. 17. REGULATIONS.

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to 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. 2) Applicant.--The term ``applicant'' means an eligible entity under section 4(a) that submits an application for a grant under this Act pursuant to section 7. ( 3) Assisted housing.--The term ``assisted housing'' means rental housing assisted under-- (A) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (B) section 221(d)(3) or 236 of the National Housing Act (12 U.S.C. 1715l, 1715z-1); (C) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (D) section 811 of Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013). ( 4) Community development corporation.--The term ``community development corporation'' has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(b)). ( 8) Families; public housing; public housing agency.--The terms ``families'', ``public housing'', and ``public housing agency'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). ( 9) Grantee.--The term ``grantee'' means an eligible entity under section 4 that is awarded a grant under this Act, pursuant to selection under section 7. ( (11) Local government.--The term ``local government'' has the meaning given the term ``unit of general local government'' in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)). ( 13) Neighborhood.--The term ``neighborhood'' means an area that-- (A) has distinguishing characteristics; (B) represents the geographical distribution of targeted populations; and (C) is not exclusive of areas that are integrally related to the composition of the community. ( (16) Significant.--The term ``significant'' means, with respect to an amendment or change to a transformation plan, that the amendment or change-- (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. ( 1437z- 6); and (C) technical assistance to enable residents to access programs from other key agencies and local service providers in order to help residents be stably housed, improve outcomes for children, and enhance adults' capacity for self-sufficiency and economic security, and services for the elderly and persons with disabilities to maintain independence. b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. (2) For-profit entities.--A for-profit entity that owns a major housing project that is proposed to be assisted under a grant under this Act made in fiscal year 2022 or thereafter and that has an established presence in the community may be a co- applicant for a grant under this Act. ( 3) Required co-applicants.--A grant under this Act may not be made for an application that will involve transformation of a major public housing project unless the public housing agency having jurisdiction with respect to the project is the sole applicant or a co-applicant for the application. ( (b) Required Activities.--Each transformation plan submitted pursuant to section 7 and implemented by a grantee under this Act shall include the following activities: (1) The transformation of housing through rehabilitation, preservation, or demolition and replacement of severely distressed housing projects, expansion of affordable housing opportunities, or any combination thereof, which may incorporate energy-efficient design principles. ( 6) Activities that meet the program requirements for replacement of housing units under section 9. ( (9) Resident involvement, as described in section 8, in planning and implementation of the transformation plan, including reasonable steps to help ensure meaningful participation for residents who, as a result of their national origin, are limited in their English language proficiency. ( 11) Relocation assistance, including tenant-based rental assistance renewable under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), mobility or relocation counseling over multiple years, reasonable moving costs, and security deposits. ( (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. ( 4) Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17). ( (10) Loss reserves to protect residents of housing assisted by the grant and continue the project in the case of default, foreclosure, or any other adverse financial event. ( d) Additional Plan.--The Secretary shall require any grantee under this Act that will provide benefits under paragraph (3), (4), (5), or (7) of subsection (c) to any residents who are not living in housing assisted with a grant under this Act to submit to the Secretary a plan identifying how such services will be provided. ( (2) Non-housing activities and supportive services.--For each grant under this Act, the grantee shall comply with each of the following requirements: (A) Of the amount of the grant, not more than 25 percent may be used for eligible activities under paragraphs (3) through (9) of subsection (c). ( 3) Consultation.--With respect to activities assisted pursuant to paragraph (2), the Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Energy, the Secretary of Transportation, the Secretary of Education, and the Attorney General in identifying funding resources that may be provided to supplement amounts from grants under this Act. RIGHT OF RESIDENTS TO RETURN; RELOCATION. ( 2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. d) Relocation, Notice, Application for Vouchers, and Data.--All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act.-- The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. (5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. ( 7) Comprehensive relocation counseling.--The grantee shall provide all advisory programs and services as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and counseling for residents who are displaced that shall-- (A) fully inform residents to be displaced of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence, a neighborhood where relocation will not increase racial segregation, or remaining in the current neighborhood; and (B) include providing school options for children and comprehensive housing search assistance for households that receive a voucher for tenant-based assistance. ( 8) Timing of demolition or disposition.--The grantee shall not commence demolition or complete disposition of a building subject to the approved transformation plan until all residents residing in the building are relocated. ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( f) Preference.--A returning resident shall be provided a preference for occupancy of on-site or off-site replacement units before those units are made available for occupancy by any other eligible households, or the resident may choose to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for relocation from the properties revitalized under a transformation plan assisted with a grant under this Act. ( g) Prohibition on Re-Screening.--A public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit. 2) Other requirements.--Admission to, administration of, and eviction from replacement housing units that replaced public housing units, but that are not public housing dwelling units, shall be subject to the following provisions to the same extent as public housing dwelling units: (A) Section 578 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13663; relating to ineligibility of dangerous sex offenders). ( E) Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k); relating to administrative grievance procedure). ( (5) Location on site.--At least one-third of all replacement units for public and assisted housing units demolished shall be public or assisted housing units constructed within the immediate area of the original public or assisted housing location, unless the Secretary determines that-- (A) construction on the location would result in the violation of a consent decree; or (B) the land on which the public and assisted housing is located is environmentally unsafe or geologically unstable. ( OTHER PROGRAM REQUIREMENTS. ( a) Fair Housing.-- (1) In general.--The demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). (2) Marketing and outreach.--Grantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers, which shall be targeted to those who are least likely to apply for the housing, to ensure that all persons regardless of their race, color, national origin, religion, sex, disability, or familial status are aware of the housing opportunities in each project funded with a grant under this Act. ( b) Accessibility Requirements.--All new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act (42 U.S.C. 3601 et seq. ), (d) Cost Limits.--Subject to the provisions of this Act, the Secretary shall establish cost limits on eligible activities under this Act sufficient to provide for effective transformation programs. ( e) Environmental Review.--For purposes of environmental review, assistance and projects under this Act shall be-- (1) treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547(c)); and (2) subject to the regulations issued by the Secretary to implement such section. ( (b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). To the extent that a transformation plan provides for different phases of activities, the Secretary may allow for the various phases of the plan to be underwritten on a separate basis. ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION. (b) Public Availability of Grant Information.-- (1) In general.--To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents. ( 2) Privacy.--In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act. 2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1). Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act: (1) Paragraphs (5), (7), (12), (13), and (15) of section 2. ( 2) Subsections (c) and (f) of section 6. (

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 2) Applicant.--The term ``applicant'' means an eligible entity under section 4(a) that submits an application for a grant under this Act pursuant to section 7. ( 1701q); or (D) section 811 of Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013). ( 8) Families; public housing; public housing agency.--The terms ``families'', ``public housing'', and ``public housing agency'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). ( (10) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( 13) Neighborhood.--The term ``neighborhood'' means an area that-- (A) has distinguishing characteristics; (B) represents the geographical distribution of targeted populations; and (C) is not exclusive of areas that are integrally related to the composition of the community. ( (16) Significant.--The term ``significant'' means, with respect to an amendment or change to a transformation plan, that the amendment or change-- (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. ( The Secretary may make competitive grants to eligible entities that submit transformation plans for eligible neighborhoods that will further the purposes of this Act in eligible neighborhoods. (2) Nonprofit entities.--A nonprofit entity may be a sole applicant under paragraph (1) only if the application has the support of a local government. ( b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. ( 2) For-profit entities.--A for-profit entity that owns a major housing project that is proposed to be assisted under a grant under this Act made in fiscal year 2022 or thereafter and that has an established presence in the community may be a co- applicant for a grant under this Act. ( (4) Activities that preserve affordable housing in the neighborhood and other activities necessary to ensure that existing public and assisted housing residents have access to the benefits of the neighborhood transformation. ( 8) Appropriate service coordination and supportive services. ( 10) Monitoring, under section 8(g), of residents relocated during redevelopment throughout the term of the grant or until full occupancy of replacement housing, whichever is completed later. ( (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. ( 4) Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17). ( (e) Eligible Methods of Support.--Activities carried out with amounts from a grant under this Act may be carried out through-- (1) endowments or revolving loan funds; or (2) land assembly, land banking, and other activities, except that no amounts made available for use under this Act may be used to acquire any property by means of the exercise of the power of eminent domain. ( 2) Non-housing activities and supportive services.--For each grant under this Act, the grantee shall comply with each of the following requirements: (A) Of the amount of the grant, not more than 25 percent may be used for eligible activities under paragraphs (3) through (9) of subsection (c). ( RIGHT OF RESIDENTS TO RETURN; RELOCATION. ( (2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. ( (d) Relocation, Notice, Application for Vouchers, and Data.--All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act.-- The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. ( 5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. (B) Extension.--If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall-- (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. ( 6) Payment of relocation expenses.--The grantee shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( g) Prohibition on Re-Screening.--A public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit. 2) Other requirements.--Admission to, administration of, and eviction from replacement housing units that replaced public housing units, but that are not public housing dwelling units, shall be subject to the following provisions to the same extent as public housing dwelling units: (A) Section 578 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13663; relating to ineligibility of dangerous sex offenders). ( E) Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k); relating to administrative grievance procedure). ( (G) Part 964 of title 24, Code of Federal Regulations (relating to tenant participation and opportunities). ( 5) Location on site.--At least one-third of all replacement units for public and assisted housing units demolished shall be public or assisted housing units constructed within the immediate area of the original public or assisted housing location, unless the Secretary determines that-- (A) construction on the location would result in the violation of a consent decree; or (B) the land on which the public and assisted housing is located is environmentally unsafe or geologically unstable. ( OTHER PROGRAM REQUIREMENTS. ( b) Accessibility Requirements.--All new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act (42 U.S.C. 3601 et seq. ), e) Environmental Review.--For purposes of environmental review, assistance and projects under this Act shall be-- (1) treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547(c)); and (2) subject to the regulations issued by the Secretary to implement such section. ( (b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION. b) Public Availability of Grant Information.-- (1) In general.--To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents. ( 2) Privacy.--In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act. 2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1). Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act: (1) Paragraphs (5), (7), (12), (13), and (15) of section 2. (

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 10) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ( b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. ( 4) Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17). ( ( ( (2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. ( ( 5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. ( ( 6) Payment of relocation expenses.--The grantee shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( b) Accessibility Requirements.--All new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act (42 U.S.C. 3601 et seq. ), b) Public Availability of Grant Information.-- (1) In general.--To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents. ( 2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1). Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act: (1) Paragraphs (5), (7), (12), (13), and (15) of section 2. (

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 4) Community development corporation.--The term ``community development corporation'' has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(b)). ( ( 1437z- 6); and (C) technical assistance to enable residents to access programs from other key agencies and local service providers in order to help residents be stably housed, improve outcomes for children, and enhance adults' capacity for self-sufficiency and economic security, and services for the elderly and persons with disabilities to maintain independence. d) Additional Plan.--The Secretary shall require any grantee under this Act that will provide benefits under paragraph (3), (4), (5), or (7) of subsection (c) to any residents who are not living in housing assisted with a grant under this Act to submit to the Secretary a plan identifying how such services will be provided. ( ( 2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. d) Relocation, Notice, Application for Vouchers, and Data.--All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act.-- The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) ( and counseling for residents who are displaced that shall-- (A) fully inform residents to be displaced of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence, a neighborhood where relocation will not increase racial segregation, or remaining in the current neighborhood; and (B) include providing school options for children and comprehensive housing search assistance for households that receive a voucher for tenant-based assistance. ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( ( a) Fair Housing.-- (1) In general.--The demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). ( 2) Marketing and outreach.--Grantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers, which shall be targeted to those who are least likely to apply for the housing, to ensure that all persons regardless of their race, color, national origin, religion, sex, disability, or familial status are aware of the housing opportunities in each project funded with a grant under this Act. ( ( ( ( b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). ( 2) Privacy.--In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act.

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 10) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( ( b) Co-Applicants.-- (1) Community development corporations.--A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. ( 4) Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17). ( ( ( (2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. ( ( 5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. ( ( 6) Payment of relocation expenses.--The grantee shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( b) Accessibility Requirements.--All new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act (42 U.S.C. 3601 et seq. ), b) Public Availability of Grant Information.-- (1) In general.--To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents. ( 2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1). Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act: (1) Paragraphs (5), (7), (12), (13), and (15) of section 2. (

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 4) Community development corporation.--The term ``community development corporation'' has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(b)). ( ( ( ( 2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. d) Relocation, Notice, Application for Vouchers, and Data.--All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act.-- The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) ( ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( ( a) Fair Housing.-- (1) In general.--The demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). ( ( ( ( ( b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). ( 2) Privacy.--In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act.

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. ( ( ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( 2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1).

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 4) Community development corporation.--The term ``community development corporation'' has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(b)). ( ( ( ( 2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. d) Relocation, Notice, Application for Vouchers, and Data.--All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act.-- The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) ( ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( ( a) Fair Housing.-- (1) In general.--The demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). ( ( ( ( ( b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). ( 2) Privacy.--In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act.

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 5) Search period.-- (A) In general.--Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. ( ( ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( 2) Rental assistance.--Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1).

To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed- income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes. 2) Public meeting.--The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. ( ( 2) Certification.--The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. ( ( ( b) Applicability of Public Housing Demolition and Disposition Requirements to Replacement Public Housing.--Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p). (

11,297

14,905

H.R.5336

Labor and Employment

Strengthening Knowledge, Improving Learning, and Livelihoods Act or the SKILLS Act This bill adds career pathway and advancement projects to the non-exhaustive list of demonstration and pilot projects the Department of Labor is permitted to administer with Workforce Innovation and Opportunity Act funds allocated for dislocated workers.

To amend the Workforce Innovation and Opportunity Act to provide additional criteria for the Dislocated Worker Project, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Knowledge, Improving Learning, and Livelihoods Act'' or the ``SKILLS Act''. SEC. 2. DISLOCATED WORKER PROJECT CRITERIA. Section 169(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224(c)) is amended in the third sentence-- (1) by inserting after ``job creation'' the following: ``(especially for in-demand occupations)''; and (2) by inserting after ``dislocated fishermen,'' the following: ``developing career pathways and encouraging advancements,''. <all>

SKILLS Act

To amend the Workforce Innovation and Opportunity Act to provide additional criteria for the Dislocated Worker Project, and for other purposes.

SKILLS Act Strengthening Knowledge, Improving Learning, and Livelihoods Act

Rep. Keller, Fred

R

PA

This bill adds career pathway and advancement projects to the non-exhaustive list of demonstration and pilot projects the Department of Labor is permitted to administer with Workforce Innovation and Opportunity Act funds allocated for dislocated workers.

To amend the Workforce Innovation and Opportunity Act to provide additional criteria for the Dislocated Worker Project, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Knowledge, Improving Learning, and Livelihoods Act'' or the ``SKILLS Act''. SEC. 2. DISLOCATED WORKER PROJECT CRITERIA. Section 169(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224(c)) is amended in the third sentence-- (1) by inserting after ``job creation'' the following: ``(especially for in-demand occupations)''; and (2) by inserting after ``dislocated fishermen,'' the following: ``developing career pathways and encouraging advancements,''. <all>

To amend the Workforce Innovation and Opportunity Act to provide additional criteria for the Dislocated Worker Project, and for other purposes. Section 169(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224(c)) is amended in the third sentence-- (1) by inserting after ``job creation'' the following: ``(especially for in-demand occupations)''; and (2) by inserting after ``dislocated fishermen,'' the following: ``developing career pathways and encouraging advancements,''.

11,298

477

S.2080

Foreign Trade and International Finance

Defending Domestic Produce Production Act of 2021 This bill establishes a process by which a core seasonal industry may petition for countervailing and antidumping duties. A core seasonal industry means the producers (1) of a domestic like product that is a raw agricultural product, (2) whose collective output constitutes a majority of the total production in any state or group of states that accounts for a major portion of the total production during a discrete season or cyclical period of time, and (3) that make substantially all of their sales during that season or time period. The bill also provides that this process shall apply with respect to goods from Canada and Mexico.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Domestic Produce Production Act of 2021''. SEC. 2. DEFINITIONS. (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(37) Core seasonal industry.--The term `core seasonal industry' means the producers-- ``(A) of a domestic like product that is a raw agricultural product, ``(B) whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and ``(C) that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B).''. (b) Industry.--Section 771(4)(A) of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. (c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. SEC. 3. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. (a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition.''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (c) Effect of Final Determinations.--Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. SEC. 4. IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. (a) Determination of Industry Support.--Section 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition.''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4588), the amendments made by this Act apply with respect to goods from Canada and Mexico. <all>

Defending Domestic Produce Production Act of 2021

A bill to amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes.

Defending Domestic Produce Production Act of 2021

Sen. Rubio, Marco

R

FL

This bill establishes a process by which a core seasonal industry may petition for countervailing and antidumping duties. A core seasonal industry means the producers (1) of a domestic like product that is a raw agricultural product, (2) whose collective output constitutes a majority of the total production in any state or group of states that accounts for a major portion of the total production during a discrete season or cyclical period of time, and (3) that make substantially all of their sales during that season or time period. The bill also provides that this process shall apply with respect to goods from Canada and Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Domestic Produce Production Act of 2021''. 2. DEFINITIONS. (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. (c) Effect of Final Determinations.--Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 4. ''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. SEC. 5. APPLICATION TO CANADA AND MEXICO. 4588), the amendments made by this Act apply with respect to goods from Canada and Mexico.

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. (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. 4. ''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. SEC. 5. APPLICATION TO CANADA AND MEXICO.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Domestic Produce Production Act of 2021''. 2. DEFINITIONS. (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(37) Core seasonal industry.--The term `core seasonal industry' means the producers-- ``(A) of a domestic like product that is a raw agricultural product, ``(B) whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and ``(C) that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B).''. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. (c) Effect of Final Determinations.--Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. 4. ''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4588), the amendments made by this Act apply with respect to goods from Canada and Mexico.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Domestic Produce Production Act of 2021''. 2. DEFINITIONS. (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(37) Core seasonal industry.--The term `core seasonal industry' means the producers-- ``(A) of a domestic like product that is a raw agricultural product, ``(B) whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and ``(C) that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B).''. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. (c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. (a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (c) Effect of Final Determinations.--Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. 4. (a) Determination of Industry Support.--Section 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. ''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4588), the amendments made by this Act apply with respect to goods from Canada and Mexico.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. ( a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. ( 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. ( b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. ( a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. ( 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. ( b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. ( a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. ( 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. ( b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. ( a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. ( 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. ( c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''.

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. ( ( 2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. ( b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (

11,299

4,366

S.3703

Government Operations and Politics

Presidential Allowance Modernization Act of 2022 This bill replaces provisions governing the compensation provided to a former President. Each former President shall receive from the United States (1) an annuity of $200,000 per year for the remainder of his or her life, and (2) a monetary allowance of $200,000 per year. Such allowance shall be reduced by the amount the former President's earned income exceeds $400,000. These monetary amounts are subject to a cost-of-living increase. The bill increases and provides for cost-of-living adjustments to the monetary allowance for surviving spouses of former Presidents.

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act of 2022''. SEC. 2. AMENDMENTS. (a) Former Presidents.--The first section of the Act entitled ``An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C. 102 note), is amended by striking the matter preceding subsection (e) and inserting the following: ``(a) Annuities and Allowances.-- ``(1) Annuity.--Each former President shall be entitled for the remainder of his or her life to receive from the United States an annuity at the rate of $200,000 per year, subject to subsections (b)(2) and (c), to be paid by the Secretary of the Treasury. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the sum of-- ``(I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available; and ``(II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(3) Disclosure requirement.-- ``(A) Definitions.--In this paragraph-- ``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate. ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. (b) Surviving Spouses of Former Presidents.-- (1) Increase in amount of monetary allowance.--Subsection (e) of the first section of the Former Presidents Act of 1958 is amended-- (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),''; and (B) in the second sentence-- (i) in paragraph (2), by striking ``and'' at the end; (ii) in paragraph (3)-- (I) by striking ``or the government of the District of Columbia''; and (II) by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (3) the following: ``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).''. (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (f), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (g), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.-- ''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1). SEC. 4. APPLICABILITY. This Act and the amendments made by this Act shall not apply to-- (1) any individual who is a former President on the date of enactment of this Act; or (2) the widow or widower of an individual described in paragraph (1). <all>

Presidential Allowance Modernization Act of 2022

A bill to amend the Act of August 25, 1958, commonly known as the "Former Presidents Act of 1958", with respect to the monetary allowance payable to a former President, and for other purposes.

Presidential Allowance Modernization Act of 2022

Sen. Ernst, Joni

R

IA

This bill replaces provisions governing the compensation provided to a former President. Each former President shall receive from the United States (1) an annuity of $200,000 per year for the remainder of his or her life, and (2) a monetary allowance of $200,000 per year. Such allowance shall be reduced by the amount the former President's earned income exceeds $400,000. These monetary amounts are subject to a cost-of-living increase. The bill increases and provides for cost-of-living adjustments to the monetary allowance for surviving spouses of former Presidents.

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. AMENDMENTS. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) 415(i)). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(3) Disclosure requirement.-- ``(A) Definitions.--In this paragraph-- ``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (f), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (g), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.-- ''. RULE OF CONSTRUCTION. SEC. 4. APPLICABILITY.

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. AMENDMENTS. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) 415(i)). ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (f), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (g), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.-- ''. RULE OF CONSTRUCTION. SEC. 4. APPLICABILITY.

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act of 2022''. 2. AMENDMENTS. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) 415(i)). ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the sum of-- ``(I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available; and ``(II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(3) Disclosure requirement.-- ``(A) Definitions.--In this paragraph-- ``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (f), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (g), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.-- ''. RULE OF CONSTRUCTION. SEC. 4. APPLICABILITY. This Act and the amendments made by this Act shall not apply to-- (1) any individual who is a former President on the date of enactment of this Act; or (2) the widow or widower of an individual described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act of 2022''. 2. AMENDMENTS. 102 note), is amended by striking the matter preceding subsection (e) and inserting the following: ``(a) Annuities and Allowances.-- ``(1) Annuity.--Each former President shall be entitled for the remainder of his or her life to receive from the United States an annuity at the rate of $200,000 per year, subject to subsections (b)(2) and (c), to be paid by the Secretary of the Treasury. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the sum of-- ``(I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available; and ``(II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(3) Disclosure requirement.-- ``(A) Definitions.--In this paragraph-- ``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (f), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (g), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.-- ''. RULE OF CONSTRUCTION. Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1). SEC. 4. APPLICABILITY. This Act and the amendments made by this Act shall not apply to-- (1) any individual who is a former President on the date of enactment of this Act; or (2) the widow or widower of an individual described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. ( (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. ( (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. ( (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable on a monthly basis. are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(2) Allowance.--The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12-month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. ( ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

To amend the Act of August 25, 1958, commonly known as the ``Former Presidents Act of 1958'', with respect to the monetary allowance payable to a former President, and for other purposes. ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. ( ( Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1).

11,300

13,527

H.R.3312

Health

Real Education and Access for Healthy Youth Act of 2021 This bill requires the Department of Health and Human Services (HHS) to establish grants to support sex education and sexual health services for young people (ages 10 through 29) and repeals requirements that apply to certain federally funded sex education programs. HHS must award grants, in coordination with the Department of Education, to (1) provide sex education to young people through elementary and secondary schools, institutions of higher education, and youth-serving organizations; and (2) train education professionals to effectively teach, and otherwise support, sex education. Sex education refers to high quality teaching and learning that Additionally, HHS must award grants for the provision of sexual health services to marginalized youth to youth-serving organizations and health care entities that are eligible to receive covered outpatient drugs at reduced prices through the 340B drug discount program. Recipients of any of these grants must comply with certain nondiscrimination requirements. In addition, they may not use funds for sex education programs or sexual health services that provide incomplete or inaccurate medical information or fail to address specified issues. The bill also eliminates prohibitions regarding the content of specified federally funded sexual health education and information programs and repeals the Abstinence Only Until Marriage program.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Education and Access for Healthy Youth Act of 2021''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to provide young people with sex education and sexual health services that-- (1) promote and uphold the rights of young people to information and services that empower them to make decisions about their bodies, health, sexuality, families, and communities in all areas of life; (2) are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented; (3) provide information about the prevention, treatment, and care of pregnancy, sexually transmitted infections, and interpersonal violence; (4) provide information about the importance of consent as a basis for healthy relationships and for autonomy in healthcare; (5) provide information on gender roles and gender discrimination; (6) provide information on the historical and current condition in which education and health systems, policies, programs, services, and practices have uniquely and adversely impacted Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color; and (7) redress inequities in the delivery of sex education and sexual health services to marginalized young people. (b) Findings.--Congress finds the following: (1) Young people need and have the right to sex education and sexual health services that are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented. (2) Currently, there is a gap between the sex education that young people should be receiving based on expert standards and the sex education many actually receive. (3) Only 29 States and the District of Columbia mandate sex education in schools. (4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. (5) Many sex education programs and sexual health services currently available were not designed to and do not currently meet the needs of marginalized young people. Some such programs and services actually harm marginalized young people. (6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. (7) The development and delivery of sexual health education and services in the United States historically has been rooted in the oppression of Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color. (8) The United States has a long history of eugenics and forced sterilization. The sexual and reproductive rights and bodily autonomy of specific communities deemed ``undesirable'' or ``defective'' were targeted by our governments resulting in state-sanctioned violence and generations of trauma and oppression. These communities include-- (A) people with low incomes; (B) immigrants; (C) people with disabilities; (D) people living with HIV; (E) survivors of interpersonal violence; (F) people who are incarcerated, detained, or who otherwise have encountered the criminal-legal system; (G) Black, Indigenous, and other People of Color; (H) people who are lesbian, gay, bisexual, transgender, and queer; and (I) young people who are pregnant and parenting. (9) Black young people are more likely to receive abstinence-only instruction. Research shows that abstinence- only instruction, also known as ``sexual risk avoidance'' instruction, is ineffective in comparison to sex education. (10) Black, Indigenous, and Latinx young people are disproportionately more likely to be diagnosed with an STI, have an unintended pregnancy, or experience sexual assault. (11) The framework of Reproductive Justice acknowledges and aims to address the legacy of white supremacy, systemic oppression, and the restrictions on sex education and sexual health services that disproportionately impact marginalized communities. Reproductive Justice will be achieved when all people regardless of actual or perceived race, color, ethnicity, national origin, religion, immigration status, sex (including gender identity and sexual orientation), disability status, pregnancy or parenting status, or age have the power to make decisions about their bodies, health, sexuality, families, and communities in all areas of life. (12) Increased resources are required for sex education and sexual health services to reach all young people, redress inequities and their impacts on marginalized young people, and achieve Reproductive Justice for young people. (13) Such sex education and sexual health services should-- (A) promote and uphold the rights of young people to information and services in order to make and exercise informed and responsible decisions about their sexual health; (B) be evidence-informed, comprehensive in scope, confidential, equitable, accessible, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented; (C) include instruction and materials that address-- (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (D) promote gender equity and be inclusive of young people with varying gender identities, gender expressions, and sexual orientations; (E) promote safe and healthy relationships; and (F) promote racial equity and be responsive to the needs of young people who are Black, Indigenous, and other People of Color. SEC. 3. DEFINITIONS. In this Act: (1) Age and developmentally appropriate.--The term ``age and developmentally appropriate'' means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. (2) Characteristics of effective programs.--The term ``characteristics of effective programs'' means the aspects of evidence-informed programs, including development, content, and implementation of such programs, that-- (A) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior; and (B) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, unintended pregnancy, and interpersonal violence among young people. (3) Consent.--The term ``consent'' means affirmative, conscious, and voluntary agreement to engage in interpersonal, physical, or sexual activity. (4) Culturally responsive.--The term ``culturally responsive'' means education and services that-- (A) embrace and actively engage and adjust to young people and their various cultural identities; (B) recognize the ways in which many marginalized young people face unique barriers in our society that result in increased adverse health outcomes and associated stereotypes; and (C) may address the ways in which racism has shaped national health care policy, the lasting historical trauma associated with reproductive health experiments and forced sterilizations of Black, Latinx, and Indigenous communities, or sexual stereotypes assigned to young People of Color or LGBTQ+ people. (5) Evidence-informed.--The term ``evidence-informed'' means incorporates characteristics, content, or skills that have been proven to be effective through evaluation in changing sexual behavior. (6) Gender expression.--The term ``gender expression'' means the expression of one's gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. (7) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (8) Inclusive.--The term ``inclusive'' means content and skills that ensure marginalized young people are valued, respected, centered, and supported in sex education instruction and materials. (9) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (10) Interpersonal violence.--The term ``interpersonal violence'' means abuse, assault, bullying, dating violence, domestic violence, harassment, intimate partner violence, or stalking. (11) Marginalized young people.--The term ``marginalized young people'' means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are-- (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. (12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (13) Resilience.--The term ``resilience'' means the ability to adapt to trauma and tragedy. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (15) Sex education.--The term ``sex education'' means high quality teaching and learning that-- (A) is delivered, to the maximum extent practicable, following the National Sexuality Education Standards of the Future of Sex Ed Initiative; (B) is about a broad variety of topics related to sex and sexuality, including-- (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (C) explores values and beliefs about such topics; and (D) helps young people in gaining the skills that are needed to navigate relationships and manage one's own sexual health. (16) Sexual development.--The term ``sexual development'' means the lifelong process of physical, behavioral, cognitive, and emotional growth and change as it relates to an individual's sexuality and sexual maturation, including puberty, identity development, socio-cultural influences, and sexual behaviors. (17) Sexual health services.--The term ``sexual health services'' includes-- (A) sexual health information, education, and counseling; (B) all methods of contraception approved by the Food and Drug Administration; (C) routine gynecological care, including human papillomavirus (HPV) vaccines and cancer screenings; (D) pre-exposure prophylaxis or post-exposure prophylaxis; (E) substance use and mental health services; (F) interpersonal violence survivor services; and (G) other prevention, care, or treatment services. (18) Sexual orientation.--The term ``sexual orientation'' means an individual's romantic, emotional, or sexual attraction to other people. (19) Trauma.--The term ``trauma'' means a response to an event, series of events, or set of circumstances that is experienced or witnessed by an individual or group of people as physically or emotionally harmful or life-threatening with lasting adverse effects on their functioning and mental, physical, social, emotional, or spiritual well-being. (20) Trauma-informed and resilience-oriented.--The term ``trauma-informed and resilience-oriented'' means an approach that realizes the prevalence of trauma, recognizes the various ways individuals, organizations, and communities may respond to trauma differently, recognizes that resilience can be built, and responds by putting this knowledge into practice. (21) Young people.--The term ``young people'' means individuals who are ages 10 through 29 at the time of commencement of participation in a project supported under this Act. (22) Youth-friendly sexual health services.--The term ``youth-friendly sexual health services'' means sexual health services that are provided in a confidential, equitable, and accessible manner that makes it easy and comfortable for young people to seek out and receive services. SEC. 4. GRANTS FOR SEX EDUCATION AT ELEMENTARY AND SECONDARY SCHOOLS AND YOUTH-SERVING ORGANIZATIONS. (a) Program Authorized.--The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out projects that provide young people with sex education. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means a public or private entity that delivers health education to young people. (d) Applications.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that are-- (1) State educational agencies or local educational agencies; or (2) Indian Tribes or Tribal organizations, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. SEC. 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION. (a) Program Authorized.--The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education or consortia of such institutions to enable such institutions to provide students with age and developmentally appropriate sex education. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Applications.--An institution of higher education or consortium of such institutions desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to an institution of higher education that-- (1) has an enrollment of needy students, as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b)); (2) is a Hispanic-serving institution, as defined in section 502(a) of such Act (20 U.S.C. 1101a(a)); (3) is a Tribal College or University, as defined in section 316(b) of such Act (20 U.S.C. 1059c(b)); (4) is an Alaska Native-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (5) is a Native Hawaiian-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (6) is a Predominantly Black Institution, as defined in section 318(b) of such Act (20 U.S.C. 1059e(b)); (7) is a Native American-serving, nontribal institution, as defined in section 319(b) of such Act (20 U.S.C. 1059f(b)); (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act (20 U.S.C. 1059g(b)); or (9) is a minority institution, as defined in section 365 of such Act (20 U.S.C. 1067k), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058). (e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. (2) Developing or adopting and implementing educational programming outside of class that delivers age and developmentally appropriate sex education to students. (3) Developing or adopting and implementing innovative technology-based approaches to deliver age and developmentally appropriate sex education to students. (4) Developing or adopting and implementing peer-led activities to generate discussion, educate, and raise awareness among students about age and developmentally appropriate sex education. (5) Developing or adopting and implementing policies and practices to link students to sexual health services. SEC. 6. GRANTS FOR EDUCATOR TRAINING. (a) Program Authorized.--The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in subsection (e). (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a State educational agency or local educational agency; (2) an Indian Tribe or Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); (3) a State or local department of health; (4) an educational service agency; (5) a nonprofit institution of higher education or a consortium of such institutions; or (6) a national or statewide nonprofit organization or consortium of nonprofit organizations that has as its primary purpose the improvement of provision of sex education through training and effective teaching of sex education. (d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorized Activities.-- (1) Required activity.--Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant teachers, health educators, faculty, administrators, and staff, in order to increase effective teaching of sex education to young people. (2) Permissible activities.--Each eligible entity receiving a grant under this section may use grant funds to-- (A) provide training and support for educators about the content, skills, and professional disposition needed to implement sex education effectively; (B) develop and provide training and support to educators on incorporating anti-racist and gender inclusive policies and practices in sex education; (C) support the dissemination of information on effective practices and research findings concerning the teaching of sex education; (D) support research on-- (i) effective sex education teaching practices; and (ii) the development of assessment instruments and strategies to document-- (I) young people's understanding of sex education; and (II) the effects of sex education; (E) convene conferences on sex education, in order to effectively train educators in the provision of sex education; and (F) develop and disseminate appropriate research- based materials to foster sex education. (3) Subgrants.--Each eligible entity receiving a grant under this section may award subgrants to nonprofit organizations that possess a demonstrated record of providing training to teachers, health educators, faculty, administrators, and staff on sex education to-- (A) train educators in sex education; (B) support internet or distance learning related to sex education; (C) promote rigorous academic standards and assessment techniques to guide and measure student performance in sex education; (D) encourage replication of best practices and model programs to promote sex education; (E) develop and disseminate effective, research- based sex education learning materials; or (F) develop academic courses on the pedagogy of sex education at institutions of higher education. SEC. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. (a) Program Authorized.--The Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to provide youth-friendly sexual health services to marginalized young people. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 256b). (d) Applications.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Uses of Funds.--Each eligible entity that receives a grant under this section may use the grant funds to-- (1) develop and implement an evidence-informed project to deliver sexual health services to marginalized young people; (2) establish, alter, or modify staff positions, service delivery policies and practices, service delivery locations, service delivery environments, service delivery schedules, or other services components in order to increase youth-friendly sexual health services to marginalized young people; (3) conduct outreach to marginalized young people to invite them to participate in the eligible entity's sexual health services and to provide feedback to inform improvements in the delivery of such services; (4) establish and refine systems of referral to connect marginalized young people to other sexual health services and supportive services; (5) establish partnerships and collaborations with entities providing services to marginalized young people to link such young people to sexual health services, such as by delivering health services at locations where they congregate, providing transportation to locations where sexual health services are provided, or other linkages to services approaches; (6) provide evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented sexual health information to marginalized young people in the languages and cultural contexts that are most appropriate for the marginalized young people to be served by the eligible entity; (7) promote effective communication regarding sexual health among marginalized young people; and (8) provide training and support for eligible entity personnel and community members who work with marginalized young people about the content, skills, and professional disposition needed to provide youth-friendly sex education and youth-friendly sexual health services. SEC. 8. REPORTING AND IMPACT EVALUATION. (a) Grantee Report to Secretary.--For each year an eligible entity receives grant funds under section 4, 5, 6, or 7, the eligible entity shall submit to the Secretary a report that includes-- (1) the use of grant funds by the eligible entity; (2) how the use of grant funds has increased the access of young people to sex education or sexual health services; and (3) such other information as the Secretary may require. (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. The Secretary's report to Congress shall include-- (1) a statement of how grants awarded by the Secretary meet the purposes described in section 2(a); and (2) information about-- (A) the number of eligible entities that are receiving grant funds under sections 4, 5, 6, and 7; (B) the specific activities supported by grant funds awarded under sections 4, 5, 6, and 7; (C) the number of young people served by projects funded under sections 4, 5, and 7, in the aggregate and disaggregated and cross-tabulated by grant program, race and ethnicity, sex, sexual orientation, gender identity, and other characteristics determined by the Secretary (except that such disaggregation or cross- tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual young person); (D) the number of teachers, health educators, faculty, school administrators, and staff trained under section 6; and (E) the status of the evaluation required under subsection (c). (c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. (2) Evaluation.--The evaluation conducted under this subsection shall-- (A) be conducted in a manner consistent with relevant, nationally recognized professional and technical evaluation standards; (B) use sound statistical methods and techniques relating to the behavioral sciences, including quasi- experimental designs, inferential statistics, and other methodologies and techniques that allow for conclusions to be reached; (C) be carried out by an independent organization that has not received a grant under section 4, 5, 6, or 7; and (D) be designed to provide information on output measures and outcome measures to be determined by the Secretary. (3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. Such report shall be made publicly available, including on the website of the Department of Health and Human Services. SEC. 9. NONDISCRIMINATION. Activities funded under this Act shall not discriminate on the basis of actual or perceived sex (including sexual orientation and gender identity), age, parental status, race, color, ethnicity, national origin, disability, or religion. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or any law of a State or a political subdivision of a State, including the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116). SEC. 10. LIMITATION. No Federal funds provided under this Act may be used for sex education or sexual health services that-- (1) withhold health-promoting or life-saving information about sexuality-related topics, including HIV; (2) are medically inaccurate or incomplete; (3) promote gender or racial stereotypes or are unresponsive to gender or racial inequities; (4) fail to address the needs of sexually active young people; (5) fail to address the needs of pregnant or parenting young people; (6) fail to address the needs of survivors of interpersonal violence; (7) fail to address the needs of young people of all physical, developmental, or mental abilities; (8) fail to be inclusive of individuals with varying gender identities, gender expressions, and sexual orientations; or (9) are inconsistent with the ethical imperatives of medicine and public health. SEC. 11. AMENDMENTS TO OTHER LAWS. (a) Amendment to the Public Health Service Act.--Section 2500 of the Public Health Service Act (42 U.S.C. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. (b) Amendments to the Elementary and Secondary Education Act of 1965.--Section 8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906) is amended-- (1) by striking paragraphs (3), (5), and (6); (2) in paragraph (2), by inserting ``or'' after the semicolon; (3) by redesignating paragraph (4) as paragraph (3); and (4) in paragraph (3), as redesignated by paragraph (3), by striking the semicolon and inserting a period. SEC. 12. FUNDING. (a) Authorization.--For the purpose of carrying out this Act, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2027. Amounts appropriated under this subsection shall remain available until expended. (b) Reservations of Funds.-- (1) In general.--The Secretary-- (A) shall reserve not more than 30 percent of the amount authorized under subsection (a) for the purposes of awarding grants for sex education at elementary and secondary schools and youth-serving organizations under section 4; (B) shall reserve not more than 10 percent of the amount authorized under subsection (a) for the purpose of awarding grants for sex education at institutions of higher education under section 5; (C) shall reserve not more than 15 percent of the amount authorized under subsection (a) for the purpose of awarding grants for educator training under section 6; (D) shall reserve not more than 30 percent of the amount authorized under subsection (a) for the purpose of awarding grants for sexual health services for marginalized youth under section 7; and (E) shall reserve not less than 5 percent of the amount authorized under subsection (a) for the purpose of carrying out the reporting and impact evaluation required under section 8. (2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in sex education and sexual health services standards setting, design, development, delivery, research, monitoring, and evaluation. (c) Reprogramming of Abstinence Only Until Marriage Program Funding.--The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act. The amounts transferred and made available to carry out this Act shall remain available until expended. (d) Repeal of Abstinence Only Until Marriage Program.--Section 510 of the Social Security Act (42 U.S.C. 710 et seq.) is repealed. <all>

Real Education and Access for Healthy Youth Act of 2021

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes.

Real Education and Access for Healthy Youth Act of 2021

Rep. Lee, Barbara

D

CA

This bill requires the Department of Health and Human Services (HHS) to establish grants to support sex education and sexual health services for young people (ages 10 through 29) and repeals requirements that apply to certain federally funded sex education programs. HHS must award grants, in coordination with the Department of Education, to (1) provide sex education to young people through elementary and secondary schools, institutions of higher education, and youth-serving organizations; and (2) train education professionals to effectively teach, and otherwise support, sex education. Sex education refers to high quality teaching and learning that Additionally, HHS must award grants for the provision of sexual health services to marginalized youth to youth-serving organizations and health care entities that are eligible to receive covered outpatient drugs at reduced prices through the 340B drug discount program. Recipients of any of these grants must comply with certain nondiscrimination requirements. In addition, they may not use funds for sex education programs or sexual health services that provide incomplete or inaccurate medical information or fail to address specified issues. The bill also eliminates prohibitions regarding the content of specified federally funded sexual health education and information programs and repeals the Abstinence Only Until Marriage program.

PURPOSE AND FINDINGS. (4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. (7) The development and delivery of sexual health education and services in the United States historically has been rooted in the oppression of Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color. 3. In this Act: (1) Age and developmentally appropriate.--The term ``age and developmentally appropriate'' means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. (7) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (10) Interpersonal violence.--The term ``interpersonal violence'' means abuse, assault, bullying, dating violence, domestic violence, harassment, intimate partner violence, or stalking. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (20) Trauma-informed and resilience-oriented.--The term ``trauma-informed and resilience-oriented'' means an approach that realizes the prevalence of trauma, recognizes the various ways individuals, organizations, and communities may respond to trauma differently, recognizes that resilience can be built, and responds by putting this knowledge into practice. 4. 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION. 6. GRANTS FOR EDUCATOR TRAINING. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 8. REPORTING AND IMPACT EVALUATION. 9. 10. 11. AMENDMENTS TO OTHER LAWS. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. SEC. 12. (2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. The amounts transferred and made available to carry out this Act shall remain available until expended. 710 et seq.)

PURPOSE AND FINDINGS. 3. In this Act: (1) Age and developmentally appropriate.--The term ``age and developmentally appropriate'' means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. (7) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (10) Interpersonal violence.--The term ``interpersonal violence'' means abuse, assault, bullying, dating violence, domestic violence, harassment, intimate partner violence, or stalking. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (20) Trauma-informed and resilience-oriented.--The term ``trauma-informed and resilience-oriented'' means an approach that realizes the prevalence of trauma, recognizes the various ways individuals, organizations, and communities may respond to trauma differently, recognizes that resilience can be built, and responds by putting this knowledge into practice. 4. 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION. 6. GRANTS FOR EDUCATOR TRAINING. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 8. REPORTING AND IMPACT EVALUATION. 9. 10. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. SEC. (2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants.

PURPOSE AND FINDINGS. (4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. (7) The development and delivery of sexual health education and services in the United States historically has been rooted in the oppression of Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color. Reproductive Justice will be achieved when all people regardless of actual or perceived race, color, ethnicity, national origin, religion, immigration status, sex (including gender identity and sexual orientation), disability status, pregnancy or parenting status, or age have the power to make decisions about their bodies, health, sexuality, families, and communities in all areas of life. 3. In this Act: (1) Age and developmentally appropriate.--The term ``age and developmentally appropriate'' means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. (7) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (10) Interpersonal violence.--The term ``interpersonal violence'' means abuse, assault, bullying, dating violence, domestic violence, harassment, intimate partner violence, or stalking. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (20) Trauma-informed and resilience-oriented.--The term ``trauma-informed and resilience-oriented'' means an approach that realizes the prevalence of trauma, recognizes the various ways individuals, organizations, and communities may respond to trauma differently, recognizes that resilience can be built, and responds by putting this knowledge into practice. 4. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that are-- (1) State educational agencies or local educational agencies; or (2) Indian Tribes or Tribal organizations, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION. (5) Developing or adopting and implementing policies and practices to link students to sexual health services. 6. GRANTS FOR EDUCATOR TRAINING. (d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 8. REPORTING AND IMPACT EVALUATION. (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. 9. 10. 11. AMENDMENTS TO OTHER LAWS. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. SEC. 12. FUNDING. (2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. The amounts transferred and made available to carry out this Act shall remain available until expended. 710 et seq.)

SHORT TITLE. PURPOSE AND FINDINGS. (4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. (7) The development and delivery of sexual health education and services in the United States historically has been rooted in the oppression of Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color. Reproductive Justice will be achieved when all people regardless of actual or perceived race, color, ethnicity, national origin, religion, immigration status, sex (including gender identity and sexual orientation), disability status, pregnancy or parenting status, or age have the power to make decisions about their bodies, health, sexuality, families, and communities in all areas of life. (13) Such sex education and sexual health services should-- (A) promote and uphold the rights of young people to information and services in order to make and exercise informed and responsible decisions about their sexual health; (B) be evidence-informed, comprehensive in scope, confidential, equitable, accessible, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented; (C) include instruction and materials that address-- (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (D) promote gender equity and be inclusive of young people with varying gender identities, gender expressions, and sexual orientations; (E) promote safe and healthy relationships; and (F) promote racial equity and be responsive to the needs of young people who are Black, Indigenous, and other People of Color. 3. In this Act: (1) Age and developmentally appropriate.--The term ``age and developmentally appropriate'' means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. (7) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (10) Interpersonal violence.--The term ``interpersonal violence'' means abuse, assault, bullying, dating violence, domestic violence, harassment, intimate partner violence, or stalking. (11) Marginalized young people.--The term ``marginalized young people'' means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are-- (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (20) Trauma-informed and resilience-oriented.--The term ``trauma-informed and resilience-oriented'' means an approach that realizes the prevalence of trauma, recognizes the various ways individuals, organizations, and communities may respond to trauma differently, recognizes that resilience can be built, and responds by putting this knowledge into practice. 4. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that are-- (1) State educational agencies or local educational agencies; or (2) Indian Tribes or Tribal organizations, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION. (5) Developing or adopting and implementing policies and practices to link students to sexual health services. 6. GRANTS FOR EDUCATOR TRAINING. (d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. (b) Duration.--Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 8. REPORTING AND IMPACT EVALUATION. (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. 9. 10. 11. AMENDMENTS TO OTHER LAWS. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. (b) Amendments to the Elementary and Secondary Education Act of 1965.--Section 8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906) is amended-- (1) by striking paragraphs (3), (5), and (6); (2) in paragraph (2), by inserting ``or'' after the semicolon; (3) by redesignating paragraph (4) as paragraph (3); and (4) in paragraph (3), as redesignated by paragraph (3), by striking the semicolon and inserting a period. SEC. 12. FUNDING. (2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. The amounts transferred and made available to carry out this Act shall remain available until expended. 710 et seq.)

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. This Act may be cited as the ``Real Education and Access for Healthy Youth Act of 2021''. b) Findings.--Congress finds the following: (1) Young people need and have the right to sex education and sexual health services that are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented. (2) Currently, there is a gap between the sex education that young people should be receiving based on expert standards and the sex education many actually receive. ( 6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. ( These communities include-- (A) people with low incomes; (B) immigrants; (C) people with disabilities; (D) people living with HIV; (E) survivors of interpersonal violence; (F) people who are incarcerated, detained, or who otherwise have encountered the criminal-legal system; (G) Black, Indigenous, and other People of Color; (H) people who are lesbian, gay, bisexual, transgender, and queer; and (I) young people who are pregnant and parenting. ( 10) Black, Indigenous, and Latinx young people are disproportionately more likely to be diagnosed with an STI, have an unintended pregnancy, or experience sexual assault. ( In this Act: (1) Age and developmentally appropriate.--The term ``age and developmentally appropriate'' means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. 3) Consent.--The term ``consent'' means affirmative, conscious, and voluntary agreement to engage in interpersonal, physical, or sexual activity. ( 5) Evidence-informed.--The term ``evidence-informed'' means incorporates characteristics, content, or skills that have been proven to be effective through evaluation in changing sexual behavior. (6) Gender expression.--The term ``gender expression'' means the expression of one's gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. ( 11) Marginalized young people.--The term ``marginalized young people'' means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are-- (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. (12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ( 13) Resilience.--The term ``resilience'' means the ability to adapt to trauma and tragedy. ( (16) Sexual development.--The term ``sexual development'' means the lifelong process of physical, behavioral, cognitive, and emotional growth and change as it relates to an individual's sexuality and sexual maturation, including puberty, identity development, socio-cultural influences, and sexual behaviors. ( 17) Sexual health services.--The term ``sexual health services'' includes-- (A) sexual health information, education, and counseling; (B) all methods of contraception approved by the Food and Drug Administration; (C) routine gynecological care, including human papillomavirus (HPV) vaccines and cancer screenings; (D) pre-exposure prophylaxis or post-exposure prophylaxis; (E) substance use and mental health services; (F) interpersonal violence survivor services; and (G) other prevention, care, or treatment services. ( (21) Young people.--The term ``young people'' means individuals who are ages 10 through 29 at the time of commencement of participation in a project supported under this Act. ( c) Eligible Entity.--In this section, the term ``eligible entity'' means a public or private entity that delivers health education to young people. ( (f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. a) Program Authorized.--The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education or consortia of such institutions to enable such institutions to provide students with age and developmentally appropriate sex education. ( e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( 2) Developing or adopting and implementing educational programming outside of class that delivers age and developmentally appropriate sex education to students. ( (4) Developing or adopting and implementing peer-led activities to generate discussion, educate, and raise awareness among students about age and developmentally appropriate sex education. ( a) Program Authorized.--The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in subsection (e). ( (e) Authorized Activities.-- (1) Required activity.--Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant teachers, health educators, faculty, administrators, and staff, in order to increase effective teaching of sex education to young people. ( AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. ( c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 256b). ( REPORTING AND IMPACT EVALUATION. ( a) Grantee Report to Secretary.--For each year an eligible entity receives grant funds under section 4, 5, 6, or 7, the eligible entity shall submit to the Secretary a report that includes-- (1) the use of grant funds by the eligible entity; (2) how the use of grant funds has increased the access of young people to sex education or sexual health services; and (3) such other information as the Secretary may require. ( c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. 3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or any law of a State or a political subdivision of a State, including the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq. ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq. ), a) Amendment to the Public Health Service Act.--Section 2500 of the Public Health Service Act (42 U.S.C. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. ( a) Authorization.--For the purpose of carrying out this Act, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2027. 2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in sex education and sexual health services standards setting, design, development, delivery, research, monitoring, and evaluation. ( d) Repeal of Abstinence Only Until Marriage Program.--Section 510 of the Social Security Act (42 U.S.C. 710 et seq.)

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. 2) Currently, there is a gap between the sex education that young people should be receiving based on expert standards and the sex education many actually receive. ( (4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. ( 6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. ( 7) The development and delivery of sexual health education and services in the United States historically has been rooted in the oppression of Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color. ( Reproductive Justice will be achieved when all people regardless of actual or perceived race, color, ethnicity, national origin, religion, immigration status, sex (including gender identity and sexual orientation), disability status, pregnancy or parenting status, or age have the power to make decisions about their bodies, health, sexuality, families, and communities in all areas of life. ( 12) Increased resources are required for sex education and sexual health services to reach all young people, redress inequities and their impacts on marginalized young people, and achieve Reproductive Justice for young people. ( (3) Consent.--The term ``consent'' means affirmative, conscious, and voluntary agreement to engage in interpersonal, physical, or sexual activity. ( 6) Gender expression.--The term ``gender expression'' means the expression of one's gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. ( (11) Marginalized young people.--The term ``marginalized young people'' means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are-- (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. ( 12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ( (17) Sexual health services.--The term ``sexual health services'' includes-- (A) sexual health information, education, and counseling; (B) all methods of contraception approved by the Food and Drug Administration; (C) routine gynecological care, including human papillomavirus (HPV) vaccines and cancer screenings; (D) pre-exposure prophylaxis or post-exposure prophylaxis; (E) substance use and mental health services; (F) interpersonal violence survivor services; and (G) other prevention, care, or treatment services. ( 21) Young people.--The term ``young people'' means individuals who are ages 10 through 29 at the time of commencement of participation in a project supported under this Act. ( (d) Applications.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( a) Program Authorized.--The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education or consortia of such institutions to enable such institutions to provide students with age and developmentally appropriate sex education. ( 1059d(b)); (6) is a Predominantly Black Institution, as defined in section 318(b) of such Act (20 U.S.C. 1059e(b)); (7) is a Native American-serving, nontribal institution, as defined in section 319(b) of such Act (20 U.S.C. 1059f(b)); (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act (20 U.S.C. 1059g(b)); or (9) is a minority institution, as defined in section 365 of such Act (20 U.S.C. 1067k), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058). ( e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( 5304); (3) a State or local department of health; (4) an educational service agency; (5) a nonprofit institution of higher education or a consortium of such institutions; or (6) a national or statewide nonprofit organization or consortium of nonprofit organizations that has as its primary purpose the improvement of provision of sex education through training and effective teaching of sex education. ( d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE. ( c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act (42 U.S.C. 256b). ( REPORTING AND IMPACT EVALUATION. ( a) Grantee Report to Secretary.--For each year an eligible entity receives grant funds under section 4, 5, 6, or 7, the eligible entity shall submit to the Secretary a report that includes-- (1) the use of grant funds by the eligible entity; (2) how the use of grant funds has increased the access of young people to sex education or sexual health services; and (3) such other information as the Secretary may require. (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. ( (3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. 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. ), 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. ( b) Amendments to the Elementary and Secondary Education Act of 1965.--Section 8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906) is amended-- (1) by striking paragraphs (3), (5), and (6); (2) in paragraph (2), by inserting ``or'' after the semicolon; (3) by redesignating paragraph (4) as paragraph (3); and (4) in paragraph (3), as redesignated by paragraph (3), by striking the semicolon and inserting a period. (2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. c) Reprogramming of Abstinence Only Until Marriage Program Funding.--The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. 4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. ( ( (11) Marginalized young people.--The term ``marginalized young people'' means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are-- (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. ( 12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ( ( 1059f(b)); (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act (20 U.S.C. 1059g(b)); or (9) is a minority institution, as defined in section 365 of such Act (20 U.S.C. 1067k), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058). ( e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. ( ( c) Reprogramming of Abstinence Only Until Marriage Program Funding.--The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. 6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. ( ( 10) Black, Indigenous, and Latinx young people are disproportionately more likely to be diagnosed with an STI, have an unintended pregnancy, or experience sexual assault. ( 6) Gender expression.--The term ``gender expression'' means the expression of one's gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. ( (12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ( c) Eligible Entity.--In this section, the term ``eligible entity'' means a public or private entity that delivers health education to young people. ( (f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( ( (e) Authorized Activities.-- (1) Required activity.--Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant teachers, health educators, faculty, administrators, and staff, in order to increase effective teaching of sex education to young people. ( c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. 3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. a) Amendment to the Public Health Service Act.--Section 2500 of the Public Health Service Act (42 U.S.C. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. ( 2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in sex education and sexual health services standards setting, design, development, delivery, research, monitoring, and evaluation. (

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. 4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. ( ( (11) Marginalized young people.--The term ``marginalized young people'' means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are-- (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. ( 12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ( ( 1059f(b)); (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act (20 U.S.C. 1059g(b)); or (9) is a minority institution, as defined in section 365 of such Act (20 U.S.C. 1067k), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058). ( e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. ( ( c) Reprogramming of Abstinence Only Until Marriage Program Funding.--The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. 6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. ( ( 10) Black, Indigenous, and Latinx young people are disproportionately more likely to be diagnosed with an STI, have an unintended pregnancy, or experience sexual assault. ( 6) Gender expression.--The term ``gender expression'' means the expression of one's gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. ( (12) Medically accurate and complete.--The term ``medically accurate and complete'' means that-- (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. ( c) Eligible Entity.--In this section, the term ``eligible entity'' means a public or private entity that delivers health education to young people. ( (f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( ( (e) Authorized Activities.-- (1) Required activity.--Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant teachers, health educators, faculty, administrators, and staff, in order to increase effective teaching of sex education to young people. ( c) Multi-Year Evaluation.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. 3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. a) Amendment to the Public Health Service Act.--Section 2500 of the Public Health Service Act (42 U.S.C. 300ee) is amended by striking subsections (b) through (d) and inserting the following: ``(b) Contents of Programs.--All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use.''. ( 2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in sex education and sexual health services standards setting, design, development, delivery, research, monitoring, and evaluation. (

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. c) Reprogramming of Abstinence Only Until Marriage Program Funding.--The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. c) Eligible Entity.--In this section, the term ``eligible entity'' means a public or private entity that delivers health education to young people. ( (f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( ( ( 3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. 2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( (b) Secretary's Report to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. c) Reprogramming of Abstinence Only Until Marriage Program Funding.--The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act.

To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. c) Eligible Entity.--In this section, the term ``eligible entity'' means a public or private entity that delivers health education to young people. ( (f) Use of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. e) Uses of Funds.--An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. ( ( ( 3) Report.--Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. 2) Research, training and technical assistance.--The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants.

11,301

1,761

S.1464

Education

Student Loan Disclosure Modernization Act This bill requires loan disclosure forms for federal student loans to be written in plain language, thus enabling borrowers to understand loan terms, total costs of loans, and estimated monthly repayments. Borrowers must acknowledge in writing that they have read the form before the loans are issued.

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Disclosure Modernization Act''. SEC. 2. ADDITIONAL DISCLOSURES. Section 433(a) of the Higher Education Act of 1965 (20 U.S.C. 1083(a)) is amended-- (1) in paragraph (4), by striking ``the origination fee and'' and inserting ``finance charges, the origination fee, and the''; (2) by redesignating paragraphs (6) through (19) as paragraphs (7) through (20), respectively; and (3) by inserting after paragraph (5), the following: ``(6) the annual percentage rate applicable to the loan, taking into account-- ``(A) the amount of the loan; ``(B) the stated interest rate of the loan; ``(C) the standard term for a loan of the same type; ``(D) any fees or additional costs associated with the loan; and ``(E) any capitalization of interest on the loan;''. SEC. 3. PLAIN LANGUAGE DISCLOSURE FORM. Section 455(p) of the Higher Education Act of 1965 (20 U.S.C. 1087e(p)) is amended-- (1) by striking ``Each institution'' and inserting the following: ``(1) In general.--Each institution''; and (2) by adding at the end the following: ``(2) Plain language disclosure form.-- ``(A) Development and issuance of form.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the `Plain Language Disclosure Form' that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(C) Consultation.--In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with-- ``(i) the Federal Reserve Board; ``(ii) institutions and contractors described in paragraph (1); ``(iii) borrowers of loans under this part; and ``(iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(4) Limit on liability.--Nothing in this subsection shall be construed to create a private right of action against an institution or contractor described in paragraph (1) with respect to the form or electronic system developed under this paragraph. ``(5) Borrower signature required.--Beginning after the issuance of the Plain Language Disclosure Form by the Secretary under paragraph (2), a loan may not be issued to a borrower under this part unless the borrower acknowledges, in writing (which may include an electronic signature), that the borrower has read the Plain Language Disclosure Form for the loan concerned. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act). <all>

Student Loan Disclosure Modernization Act

A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes.

Student Loan Disclosure Modernization Act

Sen. Scott, Tim

R

SC

This bill requires loan disclosure forms for federal student loans to be written in plain language, thus enabling borrowers to understand loan terms, total costs of loans, and estimated monthly repayments. Borrowers must acknowledge in writing that they have read the form before the loans are issued.

Be it enacted by the Senate 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 Disclosure Modernization Act''. 2. Section 433(a) of the Higher Education Act of 1965 (20 U.S.C. 1083(a)) is amended-- (1) in paragraph (4), by striking ``the origination fee and'' and inserting ``finance charges, the origination fee, and the''; (2) by redesignating paragraphs (6) through (19) as paragraphs (7) through (20), respectively; and (3) by inserting after paragraph (5), the following: ``(6) the annual percentage rate applicable to the loan, taking into account-- ``(A) the amount of the loan; ``(B) the stated interest rate of the loan; ``(C) the standard term for a loan of the same type; ``(D) any fees or additional costs associated with the loan; and ``(E) any capitalization of interest on the loan;''. 3. PLAIN LANGUAGE DISCLOSURE FORM. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(4) Limit on liability.--Nothing in this subsection shall be construed to create a private right of action against an institution or contractor described in paragraph (1) with respect to the form or electronic system developed under this paragraph. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. SEC. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 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 ``Student Loan Disclosure Modernization Act''. 2. Section 433(a) of the Higher Education Act of 1965 (20 U.S.C. 1083(a)) is amended-- (1) in paragraph (4), by striking ``the origination fee and'' and inserting ``finance charges, the origination fee, and the''; (2) by redesignating paragraphs (6) through (19) as paragraphs (7) through (20), respectively; and (3) by inserting after paragraph (5), the following: ``(6) the annual percentage rate applicable to the loan, taking into account-- ``(A) the amount of the loan; ``(B) the stated interest rate of the loan; ``(C) the standard term for a loan of the same type; ``(D) any fees or additional costs associated with the loan; and ``(E) any capitalization of interest on the loan;''. 3. PLAIN LANGUAGE DISCLOSURE FORM. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(4) Limit on liability.--Nothing in this subsection shall be construed to create a private right of action against an institution or contractor described in paragraph (1) with respect to the form or electronic system developed under this paragraph. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. SEC. REPORT TO CONGRESS.

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Disclosure Modernization Act''. SEC. 2. ADDITIONAL DISCLOSURES. Section 433(a) of the Higher Education Act of 1965 (20 U.S.C. 1083(a)) is amended-- (1) in paragraph (4), by striking ``the origination fee and'' and inserting ``finance charges, the origination fee, and the''; (2) by redesignating paragraphs (6) through (19) as paragraphs (7) through (20), respectively; and (3) by inserting after paragraph (5), the following: ``(6) the annual percentage rate applicable to the loan, taking into account-- ``(A) the amount of the loan; ``(B) the stated interest rate of the loan; ``(C) the standard term for a loan of the same type; ``(D) any fees or additional costs associated with the loan; and ``(E) any capitalization of interest on the loan;''. SEC. 3. PLAIN LANGUAGE DISCLOSURE FORM. Section 455(p) of the Higher Education Act of 1965 (20 U.S.C. 1087e(p)) is amended-- (1) by striking ``Each institution'' and inserting the following: ``(1) In general.--Each institution''; and (2) by adding at the end the following: ``(2) Plain language disclosure form.-- ``(A) Development and issuance of form.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the `Plain Language Disclosure Form' that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(C) Consultation.--In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with-- ``(i) the Federal Reserve Board; ``(ii) institutions and contractors described in paragraph (1); ``(iii) borrowers of loans under this part; and ``(iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(4) Limit on liability.--Nothing in this subsection shall be construed to create a private right of action against an institution or contractor described in paragraph (1) with respect to the form or electronic system developed under this paragraph. ``(5) Borrower signature required.--Beginning after the issuance of the Plain Language Disclosure Form by the Secretary under paragraph (2), a loan may not be issued to a borrower under this part unless the borrower acknowledges, in writing (which may include an electronic signature), that the borrower has read the Plain Language Disclosure Form for the loan concerned. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act). <all>

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. 1087e(p)) is amended-- (1) by striking ``Each institution'' and inserting the following: ``(1) In general.--Each institution''; and (2) by adding at the end the following: ``(2) Plain language disclosure form.-- ``(A) Development and issuance of form.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the `Plain Language Disclosure Form' that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(C) Consultation.--In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with-- ``(i) the Federal Reserve Board; ``(ii) institutions and contractors described in paragraph (1); ``(iii) borrowers of loans under this part; and ``(iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. 1087e(p)) is amended-- (1) by striking ``Each institution'' and inserting the following: ``(1) In general.--Each institution''; and (2) by adding at the end the following: ``(2) Plain language disclosure form.-- ``(A) Development and issuance of form.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the `Plain Language Disclosure Form' that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(C) Consultation.--In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with-- ``(i) the Federal Reserve Board; ``(ii) institutions and contractors described in paragraph (1); ``(iii) borrowers of loans under this part; and ``(iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. 1087e(p)) is amended-- (1) by striking ``Each institution'' and inserting the following: ``(1) In general.--Each institution''; and (2) by adding at the end the following: ``(2) Plain language disclosure form.-- ``(A) Development and issuance of form.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the `Plain Language Disclosure Form' that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(C) Consultation.--In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with-- ``(i) the Federal Reserve Board; ``(ii) institutions and contractors described in paragraph (1); ``(iii) borrowers of loans under this part; and ``(iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. 1087e(p)) is amended-- (1) by striking ``Each institution'' and inserting the following: ``(1) In general.--Each institution''; and (2) by adding at the end the following: ``(2) Plain language disclosure form.-- ``(A) Development and issuance of form.--Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the `Plain Language Disclosure Form' that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. PLAIN LANGUAGE DISCLOSURE FORM. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(C) Consultation.--In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with-- ``(i) the Federal Reserve Board; ``(ii) institutions and contractors described in paragraph (1); ``(iii) borrowers of loans under this part; and ``(iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''. Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act).

To amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes. ``(B) Format.--The Secretary shall ensure that the Plain Language Disclosure Form-- ``(i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; ``(ii) has a clear format and design, including easily readable font; and ``(iii) is as succinct as practicable. ``(3) Electronic system for compliance.--In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by-- ``(A) enabling institutions and contractors to enter personalized loan request information electronically; ``(B) integrating appropriate data found in the National Student Loan Data System; and ``(C) generating and integrating personalized borrower information. ``(6) Consumer testing defined.--In this subsection, the term `consumer testing' means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers' understanding of the terms and conditions of such loans.''.

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S.2747

Government Operations and Politics

Freedom to Vote Act This bill addresses voter registration and voting access, election integrity and security, redistricting, and campaign finance. Specifically, the bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting). It also limits removing voters from voter rolls. Next, the bill establishes Election Day as a federal holiday. The bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence. The bill establishes certain federal criminal offenses related to voting. In particular, the bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote. Additionally, the bill sets forth provisions related to election security, including by requiring states to conduct post-election audits for federal elections. The bill outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting. The bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosure of campaign-related fundraising and spending, requiring additional disclaimers regarding certain political advertising, and establishing an alternative campaign funding system for certain federal offices.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. Be it enacted by the Senate 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 Vote Act''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into divisions as follows: (1) Division A--Voter Access. (2) Division B--Election Integrity. (3) Division C--Civic Participation and Empowerment. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. DIVISION A--VOTER ACCESS TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION Sec. 1000. Short title; statement of policy. Subtitle A--Voter Registration Modernization Sec. 1000A. Short title. PART 1--Automatic Voter Registration Sec. 1001. Short title; findings and purpose. Sec. 1002. Automatic registration of eligible individuals. Sec. 1003. Voter protection and security in automatic registration. Sec. 1004. Payments and grants. Sec. 1005. Miscellaneous provisions. Sec. 1006. Definitions. Sec. 1007. Effective date. PART 2--Election Day as Legal Public Holiday Sec. 1011. Election day as legal public holiday. PART 3--Promoting Internet Registration Sec. 1021. Requiring availability of internet for voter registration. Sec. 1022. Use of internet to update registration information. Sec. 1023. Provision of election information by electronic mail to individuals registered to vote. Sec. 1024. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1025. Prohibiting State from requiring applicants to provide more than last 4 digits of social security number. Sec. 1026. Application of rules to certain exempt States. Sec. 1027. Report on data collection relating to online voter registration systems. Sec. 1028. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1029. Effective date. PART 4--Same Day Voter Registration Sec. 1031. Same day registration. Sec. 1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. PART 5--Streamline Voter Registration Information, Access, and Privacy Sec. 1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies. Sec. 1042. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Sec. 1043. Acceptance of voter registration applications from individuals under 18 years of age. Sec. 1044. Requiring states to establish and operate voter privacy programs. PART 6--Funding Support to States for Compliance Sec. 1051. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle B--Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Establishment and maintenance of State accessible election websites. Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 1104. Protections for individuals subject to guardianship. Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1106. Funding for protection and advocacy systems. Sec. 1107. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1108. GAO analysis and report on voting access for individuals with disabilities. Subtitle C--Early Voting Sec. 1201. Early voting. Subtitle D--Voting by Mail Sec. 1301. Voting by mail. Sec. 1302. Balloting materials tracking program. Sec. 1303. Election mail and delivery improvements. Sec. 1304. Carriage of election mail. Sec. 1305. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office. Subtitle E--Absent Uniformed Services Voters and Overseas Voters Sec. 1401. Pre-election reports on availability and transmission of absentee ballots. Sec. 1402. Enforcement. Sec. 1403. Transmission requirements; repeal of waiver provision. Sec. 1404. Use of single absentee ballot application for subsequent elections. Sec. 1405. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1406. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the federal write-in absentee ballot. Sec. 1407. Treatment of post card registration requests. Sec. 1408. Presidential designee report on voter disenfranchisement. Sec. 1409. Effective date. Subtitle F--Enhancement of Enforcement Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle G--Promoting Voter Access Through Election Administration Modernization Improvements PART 1--Promoting Voter Access Sec. 1601. Minimum notification requirements for voters affected by polling place changes. Sec. 1602. Accommodations for voters residing in Indian lands. Sec. 1603. Applicability to Commonwealth of the Northern Mariana Islands. Sec. 1604. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam. Sec. 1605. Application of Federal election administration laws to territories of the United States. Sec. 1606. Application of Federal voter protection laws to territories of the United States. Sec. 1607. Ensuring equitable and efficient operation of polling places. Sec. 1608. Prohibiting States from restricting curbside voting. PART 2--Improvements in Operation of Election Assistance Commission Sec. 1611. Reauthorization of Election Assistance Commission. Sec. 1612. Recommendations to improve operations of Election Assistance Commission. Sec. 1613. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. PART 3--Miscellaneous Provisions Sec. 1621. Definition of election for Federal office. Sec. 1622. No effect on other laws. Sec. 1623. Clarification of exemption for States without voter registration. Sec. 1624. Clarification of exemption for States which do not collect telephone information. Subtitle H--Democracy Restoration Sec. 1701. Short title. Sec. 1702. Findings. Sec. 1703. Rights of citizens. Sec. 1704. Enforcement. Sec. 1705. Notification of restoration of voting rights. Sec. 1706. Definitions. Sec. 1707. Relation to other laws. Sec. 1708. Federal prison funds. Sec. 1709. Effective date. Subtitle I--Voter Identification and Allowable Alternatives Sec. 1801. Requirements for voter identification. Subtitle J--Voter List Maintenance Procedures PART 1--Voter Caging Prohibited Sec. 1901. Voter caging prohibited. PART 2--Saving Eligible Voters From Voter Purging Sec. 1911. Conditions for removal of voters from list of registered voters. Subtitle K--Severability Sec. 1921. Severability. DIVISION B--ELECTION INTEGRITY TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION Sec. 2001. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 2002. Establishment of best practices. TITLE III--PREVENTING ELECTION SUBVERSION Subtitle A--Restrictions on Removal of Election Administrators Sec. 3001. Restrictions on removal of local election administrators in administration of elections for Federal office. Subtitle B--Increased Protections for Election Workers Sec. 3101. Harassment of election workers prohibited. Sec. 3102. Protection of election workers. Subtitle C--Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 3201. Short title. Sec. 3202. Prohibition on deceptive practices in Federal elections. Sec. 3203. Corrective action. Sec. 3204. Reports to Congress. Sec. 3205. Private rights of action by election officials. Sec. 3206. Making intimidation of tabulation, canvas, and certification efforts a crime. Subtitle D--Protection of Election Records & Election Infrastructure Sec. 3301. Strengthen protections for Federal election records. Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction. Sec. 3303. Judicial review to ensure compliance. Subtitle E--Judicial Protection of the Right to Vote and Non-partisan Vote Tabulation Sec. 3401. Undue burdens on the ability to vote in elections for federal office prohibited. Sec. 3402. Judicial review. Sec. 3403. Definitions. Sec. 3404. Rules of construction. Sec. 3405. Severability. Sec. 3406. Effective date. Subtitle F--Poll Worker Recruitment and Training Sec. 3501. Grants to States for poll worker recruitment and training. Sec. 3502. State defined. Subtitle G--Preventing Poll Observer Interference Sec. 3601. Protections for voters on Election Day. Subtitle H--Preventing Restrictions on Food and Beverages Sec. 3701. Findings. Sec. 3702. Prohibiting restrictions on donations of food and beverages at polling stations. Subtitle I--Establishing Duty to Report Foreign Election Interference Sec. 3801. Findings relating to illicit money undermining our democracy. Sec. 3802. Federal campaign reporting of foreign contacts. Sec. 3803. Federal campaign foreign contact reporting compliance system. Sec. 3804. Criminal penalties. Sec. 3805. Report to congressional intelligence committees. Sec. 3806. Rule of construction. Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter- Verifiable Permanent Paper Ballot Sec. 3901. Short title. Sec. 3902. Paper ballot and manual counting requirements. Sec. 3903. Accessibility and ballot verification for individuals with disabilities. Sec. 3904. Durability and readability requirements for ballots. Sec. 3905. Study and report on optimal ballot design. Sec. 3906. Ballot marking device cybersecurity requirements. Sec. 3907. Effective date for new requirements. Sec. 3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Subtitle K--Provisional Ballots Sec. 3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. TITLE IV--VOTING SYSTEM SECURITY Sec. 4001. Post-election audit requirement. Sec. 4002. Election infrastructure designation. Sec. 4003. Guidelines and certification for electronic poll books and remote ballot marking systems. Sec. 4004. Pre-election reports on voting system usage. Sec. 4005. Use of voting machines manufactured in the United States. Sec. 4006. Severability. DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT TITLE V--NONPARTISAN REDISTRICTING REFORM Sec. 5001. Finding of constitutional authority. Sec. 5002. Ban on mid-decade redistricting. Sec. 5003. Criteria for redistricting. Sec. 5004. Development of plan. Sec. 5005. Failure by State to enact plan. Sec. 5006. Civil enforcement. Sec. 5007. No effect on elections for State and local office. Sec. 5008. Effective date. TITLE VI--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--DISCLOSE Act Sec. 6001. Short title. PART 1--Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 6002. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 6003. Audit and report on illicit foreign money in Federal elections. Sec. 6004. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 6005. Disbursements and activities subject to foreign money ban. Sec. 6006. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. PART 2--Reporting of Campaign-Related Disbursements Sec. 6011. Reporting of campaign-related disbursements. Sec. 6012. Reporting of Federal judicial nomination disbursements. Sec. 6013. Coordination with FinCEN. Sec. 6014. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 6015. Effective date. PART 3--Other Administrative Reforms Sec. 6021. Petition for certiorari. Sec. 6022. Judicial review of actions related to campaign finance laws. Subtitle B--Honest Ads Sec. 6101. Short title. Sec. 6102. Purpose. Sec. 6103. Findings. Sec. 6104. Sense of Congress. Sec. 6105. Expansion of definition of public communication. Sec. 6106. Expansion of definition of electioneering communication. Sec. 6107. Application of disclaimer statements to online communications. Sec. 6108. Political record requirements for online platforms. Sec. 6109. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 6110. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle C--Spotlight Act Sec. 6201. Short title. Sec. 6202. Inclusion of contributor information on annual returns of certain organizations. TITLE VII--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Stopping Super PAC-Candidate Coordination Sec. 7001. Short title. Sec. 7002. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 7003. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle B--Restoring Integrity to America's Elections Sec. 7101. Short title. Sec. 7102. Revision to enforcement process. Sec. 7103. Acting general counsel. Sec. 7104. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 7105. Permanent extension of administrative penalty authority. Sec. 7106. Restrictions on ex parte communications. Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 7108. Requiring forms to permit use of accent marks. Sec. 7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Sec. 7110. Effective date; transition. TITLE VIII--CITIZEN EMPOWERMENT Subtitle A--Funding to Promote Democracy PART 1--Payments and Allocations to States Sec. 8001. State Democracy Promotion Program. Sec. 8002. State plan. Sec. 8003. Prohibiting reduction in access to participation in elections. Sec. 8004. Amount of State allocation. Sec. 8005. Procedures for disbursements of payments and allocations. Sec. 8006. Office of State Democracy Promotion. PART 2--State Election Assistance and Innovation Trust Fund Sec. 8011. State Election Assistance and Innovation Trust Fund. Sec. 8012. Uses of Fund. Sec. 8013. Assessments against fines and penalties. Sec. 8014. Transfer of balance of Presidential Election Campaign Fund. PART 3--General Provisions Sec. 8021. Definitions. Sec. 8022. Rule of construction regarding calculation of deadlines. Subtitle B--Elections for House of Representatives Sec. 8101. Short title. PART 1--Optional Democracy Credit Program Sec. 8102. Establishment of program. Sec. 8103. Credit program described. Sec. 8104. Reports. Sec. 8105. Election cycle defined. PART 2--Optional Small Dollar Financing of Elections for House of Representatives Sec. 8111. Benefits and eligibility requirements for candidates. Sec. 8112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 8114. Deadline for regulations. Subtitle C--Personal Use Services as Authorized Campaign Expenditures Sec. 8201. Short title; findings; purpose. Sec. 8202. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle D--Empowering Small Dollar Donations Sec. 8301. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle E--Severability Sec. 8401. Severability. SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY. Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation's democratic process. Congress enacts the Freedom to Vote Act pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the ``substantive scope'' of the Elections Clause is ``broad''; that ``Times, Places, and Manner'' are ``comprehensive words which embrace authority to provide for a complete code for congressional elections''; and ``[t]he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith''. Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and citations omitted). Indeed, ``Congress has plenary and paramount jurisdiction over the whole subject'' of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power ``may be exercised as and when Congress sees fit'', and ``so far as it extends and conflicts with the regulations of the State, necessarily supersedes them''. Id. at 384. Among other things, Congress finds that the Elections Clause was intended to ``vindicate the people's right to equality of representation in the House''. Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019). (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: ``The United States shall guarantee to every State in this Union a Republican Form of Government[.]''. Congress finds that its authority and responsibility to enforce the Guarantee Clause is clear given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. (3)(A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is ``of the most fundamental significance under our constitutional structure''. Ill. Bd. of Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); see United States v. Classic, 313 U.S. 299 (1941) (``Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted . . .''). As the Supreme Court has repeatedly affirmed, the right to vote is ``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State's representation in Congress when the right to vote is abridged or denied. (C) As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments. (D) Congress also finds that ``the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. (4)(A) Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude. (B) Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by excessively onerous voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts. (D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2020, according to the Sentencing Project, an estimated 5,200,000 Americans could not vote due to a felony conviction. One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non- African Americans. In seven States--Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming--more than one in seven African Americans is disenfranchised, twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination. (5)(A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. (B) Congress finds that electoral practices including voting rights restoration conditions for people with convictions and other restrictions to the franchise burden voters on account of their ability to pay. (C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age. SEC. 4. STANDARDS FOR JUDICIAL REVIEW. (a) In General.--For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress.--In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. DIVISION A--VOTER ACCESS TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. (a) Short Title.--This title may be cited as the ``Voter Empowerment Act of 2021''. (b) Statement of Policy.--It is the policy of the United States that-- (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States. Subtitle A--Voter Registration Modernization SEC. 1000A. SHORT TITLE. This subtitle may be cited as the ``Voter Registration Modernization Act of 2021''. PART 1--AUTOMATIC VOTER REGISTRATION SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE. (a) Short Title.--This part may be cited as the ``Automatic Voter Registration Act of 2021''. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security. (2) Purpose.--It is the purpose of this part-- (A) to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State Governments to register all eligible citizens to vote with accurate, cost- efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS. (a) In General.--The National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended by inserting after section 5 the following new section: ``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE AUTHORITY. ``(a) Definitions.--In this section-- ``(1) Applicable agency.--The term `applicable agency' means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. ``(2) Applicable transaction.--The term `applicable transaction' means-- ``(A) an application to an applicable agency for a motor vehicle driver's license; and ``(B) any other service or assistance (including for a change of address) provided by an applicable agency. ``(3) Automatic registration.--The term `automatic registration' means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. ``(4) Eligible individual.--The term `eligible individual' means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. ``(5) Register to vote.--The term `register to vote' includes updating an individual's existing voter registration. ``(b) Establishment.-- ``(1) In general.--The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. ``(2) Registration of voters based on new agency records.-- ``(A) In general.--The chief State election official shall-- ``(i) subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote-- ``(I) in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and ``(II) in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and ``(ii) not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual's voter registration status. ``(B) Applicable date.--For purposes of this subsection, the term ``applicable date'' means, with respect to any election for Federal office, the later of-- ``(i) the date that is 28 days before the date of the election; or ``(ii) the last day of the period provided by State law for registration with respect to such election. ``(C) Clarification.--Nothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. ``(3) Treatment of individuals under 18 years of age.--A State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. ``(c) Applicable Agency Responsibilities.-- ``(1) Instructions on automatic registration for agencies collecting citizenship information.-- ``(A) In general.--Except as otherwise provided in this section, in the case of any applicable transaction for which applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: ``(i) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual's registration will be updated. ``(ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. ``(iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. ``(iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. ``(B) Individuals with limited english proficiency.--In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. ``(C) Clarification on procedures for ineligible voters.--An applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United State citizen, the opportunity to register to vote under subparagraph (A). ``(D) Opportunity to decline registration required.--Except as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. ``(E) Information transmittal.--Not later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: ``(i) The individual's given name(s) and surname(s). ``(ii) The individual's date of birth. ``(iii) The individual's residential address. ``(iv) Information showing that the individual is a citizen of the United States. ``(v) The date on which information pertaining to that individual was collected or last updated. ``(vi) If available, the individual's signature in electronic form. ``(vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, information regarding the individual's affiliation or enrollment with a political party, but only if the individual provides such information. ``(viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information. ``(F) Provision of information regarding participation in primary elections.--In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, if the information transmitted under paragraph (E) with respect to an individual does not include information regarding the individual's affiliation or enrollment with a political party, the chief State election official shall-- ``(i) notify the individual that such affiliation or enrollment is required to participate in primary elections; and ``(ii) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. ``(G) Clarification.--Nothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. ``(2) Alternate procedure for certain other applicable agencies.--With each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall-- ``(A) complete the requirements of section 7(a)(6); ``(B) ensure that each applicant's transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and ``(C) for each individual who wishes to register to vote, transmit that individual's information in accordance with subsection (c)(1)(E), unless the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. ``(3) Required availability of automatic registration opportunity with each application for service or assistance.-- Each applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. ``(d) Voter Protection.-- ``(1) Applicable agencies' protection of information.-- Nothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.): ``(A) An individual's decision to decline to register to vote or not to register to vote. ``(B) An individual's decision not to affirm his or her citizenship. ``(C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency's ordinary course of business. ``(2) Election officials' protection of information.-- ``(A) Public disclosure prohibited.-- ``(i) In general.--Subject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election officials shall not publicly disclose any of the following: ``(I) Any information not necessary to voter registration. ``(II) Any voter information otherwise shielded from disclosure under State law or section 8(a). ``(III) Any portion of the individual's social security number. ``(IV) Any portion of the individual's motor vehicle driver's license number. ``(V) The individual's signature. ``(VI) The individual's telephone number. ``(VII) The individual's email address. ``(ii) Special rule for individuals registered to vote.--The prohibition on public disclosure in clause (i) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section. ``(e) Miscellaneous Provisions.-- ``(1) Accessibility of registration services.--Each applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. ``(2) Transmission through secure third party permitted.-- Nothing in this section or in the Automatic Voter Registration Act of 2021 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. ``(3) Nonpartisan, nondiscriminatory provision of services.--The services made available by an applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). ``(4) Notices.--Each State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. ``(5) Registration at other state offices permitted.-- Nothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority. ``(f) Applicability.-- ``(1) In general.--This section shall not apply to an exempt State. ``(2) Exempt state defined.--The term `exempt State' means a State which, under law which is in effect continuously on and after the date of the enactment of this section, either-- ``(A) has no voter registration requirement for any voter in the State with respect to a Federal election; or ``(B) operates a system of automatic registration (as defined in section 1002(a)(2)) at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction.''. (b) Conforming Amendments.-- (1) Section 4(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(a)(1)) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;.''. (2) Section 4(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking ``States.--This Act'' and inserting ``States.-- ``(1) In general.--Except as provided in paragraph (2), this Act''; and (C) by adding at the end the following new paragraph: ``(2) Application of automatic registration requirements.-- Section 5A shall apply to a State described in paragraph (1), unless the State is an exempt State as defined in subsection (f)(2) of such section.''. (3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of registration under section 5A, within the period provided in section 5A(b)(2);''. SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION. (a) Protections for Errors in Registration.--An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual's automatic registration to vote. (2) The individual is not eligible to vote in elections for Federal office but was registered to vote due to individual or agency error. (3) The individual was automatically registered to vote at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration. (b) Limits on Use of Automatic Registration.--The automatic registration (within the meaning of section 5A of the National Voter Registration Act of 1993) of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) may not be used as evidence against that individual in any State or Federal law enforcement proceeding or any civil adjudication concerning immigration status or naturalization, and an individual's lack of knowledge or willfulness of such registration may be demonstrated by the individual's testimony alone. (c) Protection of Election Integrity.--Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who-- (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Election Officials' Protection of Information.-- (1) Voter record changes.--Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (2) Database management standards.--Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with State and local election officials and the Election Assistance Commission, shall, after providing the public with notice and the opportunity to comment-- (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director's website and make those standards available in written form upon request; and (D) ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the security of database management. (3) Security policy.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify-- (i) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (ii) security safeguards to protect personal information transmitted through the information transmittal processes of section 5A(b) of the National Voter Registration Act of 1993, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (B) Maintenance and updating.--The Director shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. (4) State compliance with national standards.-- (A) Certification.--The chief State election official of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (2) and (3). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ``_____ hereby certifies that it is in compliance with the standards referred to in paragraphs (2) and (3) of section 1003(d) of the Automatic Voter Registration Act of 2021.'' (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures.--The chief State election official of a State shall publish on the official's website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification.--If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of states that require changes to state law.--In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (e) Restrictions on Use of Information.--No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual's declination to register to vote or complete an affirmation of citizenship under section 5A of the National Voter Registration Ac of 1993. (3) An individual's voter registration status. (f) Prohibition on the Use of Voter Registration Information for Commercial Purposes.--Information collected under this part or the amendments made by this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. SEC. 1004. PAYMENTS AND GRANTS. (a) In General.--The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part and the amendments made by this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program or expanding its automatic voter registration program in a manner consistent with the requirements of this part) with respect to the offices of the State motor vehicle authority and any other offices of the State at which the State offers voter registration services as described in this part and the amendments made by this part. (b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of Grant; Priorities.--The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including-- (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between applicable agencies (as defined in section 5A of the National Voter Registration Act of 1993) and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Exempt State.--For purposes of this section, the term ``exempt State'' has the meaning given such term under section 5A of the National Voter Registration Act of 1993, and also includes a State in which, under law which is in effect continuously on and after the date of the enactment of the National Voter Registration Act of 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. (e) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to carry out this section-- (A) $3,000,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds.--Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. SEC. 1005. MISCELLANEOUS PROVISIONS. (a) Enforcement.--Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act. (b) Relation to Other Laws.--Except as provided, nothing in this part or the amendments made by this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) (other than section 5A thereof). (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). SEC. 1006. DEFINITIONS. In this part, the following definitions apply: (1) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (2) The term ``Commission'' means the Election Assistance Commission. (3) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 1007. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this part and the amendments made by this part shall apply on and after January 1, 2023. (b) Waiver.--If a State certifies to the Commission not later than January 1, 2023, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2023'' were a reference to ``January 1, 2025''. PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY. (a) In General.--Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day, the following: ``Election Day, the Tuesday next after the first Monday in November in each even-numbered year.''. (b) Conforming Amendment.--Section 241(b) of the Help America Vote Act of 2002 (52 U.S.C. 20981(b)) is amended-- (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (19) as paragraphs (10) through (18), respectively. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2022 or any succeeding year. PART 3--PROMOTING INTERNET REGISTRATION SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: ``SEC. 6A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): ``(1) Online application for voter registration. ``(2) Online assistance to applicants in applying to register to vote. ``(3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). ``(4) Online receipt of completed voter registration applications. ``(b) Acceptance of Completed Applications.--A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if-- ``(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and ``(2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). ``(c) Signature Requirements.-- ``(1) In general.--For purposes of this section, an individual meets the requirements of this subsection as follows: ``(A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. ``(B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means. ``(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. ``(2) Treatment of individuals unable to meet requirement.--If an individual is unable to meet the requirements of paragraph (1), the State shall-- ``(A) permit the individual to complete all other elements of the online voter registration application; ``(B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and ``(C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State. ``(3) Notice.--The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). ``(d) Confirmation and Disposition.-- ``(1) Confirmation of receipt.-- ``(A) In general.--Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State's receipt of the application and providing instructions on how the individual may check the status of the application. ``(B) Method of notification.--The appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and-- ``(i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and ``(ii) at the option of the individual, by text message. ``(2) Notice of disposition.-- ``(A) In general.--Not later than 7 days after the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. ``(B) Method of notification.--The appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and-- ``(i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and ``(ii) at the option of the individual, by text message. ``(e) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(f) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). ``(g) Accessibility of Services.--A state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. ``(h) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.''. (b) Special Requirements for Individuals Using Online Registration.-- (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements.-- Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by mail or online under section 6A of the National Voter Registration Act of 1993''. (2) Requiring signature for first-time voters in jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b)) is amended-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Signature requirements for first-time voters using online registration.-- ``(A) In general.--A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if-- ``(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and ``(ii) the individual has not previously voted in an election for Federal office in the State. ``(B) Requirements.--An individual meets the requirements of this subparagraph if-- ``(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or ``(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. ``(C) Inapplicability.--Subparagraph (A) does not apply in the case of an individual who is-- ``(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302 et seq.); ``(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or ``(iii) entitled to vote otherwise than in person under any other Federal law.''. (3) Conforming amendment relating to effective date.-- Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking ``Each State'' and inserting ``Except as provided in subsection (b)(5), each State''. (c) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)), as amended by section 1002(b)(3), is amended-- (A) by striking ``and'' at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following new subparagraph: ``(E) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) In General.-- (1) Updates to information contained on computerized statewide voter registration list.--Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if the updated registration information affects the voter's eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. ``(C) Confirmation and disposition.-- ``(i) Confirmation of receipt.--Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the updated information and providing instructions on how the individual may check the status of the update. ``(ii) Notice of disposition.--Not later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. ``(iii) Method of notification.--The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and-- ``(I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and ``(II) at the option of the individual, by text message.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Ability of Registrant To Use Online Update To Provide Information on Residence.--Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) shall include a space for the applicant to provide (at the applicant's option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.''. (2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (52 U.S.C. 20508) is amended by adding at the end the following new subsection: ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes.--The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.''. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: ``(A)(i) If the individual is assigned to vote in the election at a specific polling place-- ``(I) the name and address of the polling place; and ``(II) the hours of operation for the polling place. ``(ii) If the individual is not assigned to vote in the election at a specific polling place-- ``(I) the name and address of locations at which the individual is eligible to vote; and ``(II) the hours of operation for those locations. ``(B) A description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph (A)(ii)(I) to vote in the election.''. SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if-- ``(1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and ``(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.''. SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER. (a) Form Included With Application for Motor Vehicle Driver's License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number;''. (b) National Mail Voter Registration Form.--Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number;''. SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES. Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503) is amended by adding at the end the following new subsection: ``(c) Application of Internet Voter Registration Rules.-- Notwithstanding subsection (b), the following provisions shall apply to a State described in paragraph (2) thereof: ``(1) Section 6A (as added by section 1021(a) of the Voter Registration Modernization Act of 2021). ``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of the Voter Registration Modernization Act of 2021). ``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. ``(4) Section 8(j) (as added by section 1024 of the Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A.''. SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER REGISTRATION SYSTEMS. Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts related to online voter registration systems, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems. SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS APPLICATION FOR ABSENTEE BALLOT. Section 5(c) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State.''; and (2) by adding at the end the following new paragraph: ``(3)(A) In the case of an individual who is treated as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F), such treatment shall remain effective until the earlier of such time as-- ``(i) the individual is no longer registered to vote in the State; or ``(ii) the individual provides an affirmative written notice revoking such treatment. ``(B) The treatment of an individual as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F) shall not be revoked on the basis that the individual has not voted in an election''. SEC. 1029. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1004) shall take effect January 1, 2022. (b) Waiver.--If a State certifies to the Election Assistance Commission not later than January 1, 2022, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2022'' were a reference to ``January 1, 2024''. PART 4--SAME DAY VOTER REGISTRATION SEC. 1031. SAME DAY REGISTRATION. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. SAME DAY REGISTRATION. ``(a) In General.-- ``(1) Registration.--Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. ``(c) Ensuring Availability of Forms.--The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual's voter registration information under this section. ``(d) Effective Date.-- ``(1) In general.--Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office. ``(2) Special rules for elections before november 2026.-- ``(A) Elections prior to november 2024 general election.--A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2024 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements. ``(B) November 2024 general election.--If a State certifies to the Commission not later than November 5, 2024, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendments.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Same day registration.''. SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT WITH TIMING OF LEGAL PUBLIC HOLIDAYS. (a) In General.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it appears and inserting ``28 days''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year. PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER REGISTRATION INFORMATION DISPLAYS FOLLOWING NATURALIZATION CEREMONIES. The Secretary of Homeland Security shall establish a process for authorizing the chief State election official of a State to disseminate voter registration information at the conclusion of any naturalization ceremony in such State, which may involve a display or exhibit. SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING AND MORTGAGE APPLICATIONS. (a) Definitions.--In this section: (1) Bureau.--The term ``Bureau'' means the Bureau of Consumer Financial Protection. (2) Director.--The term ``Director'' means the Director of the Bureau of Consumer Financial Protection. (3) Federal rental assistance.--The term ``Federal rental assistance'' means rental assistance provided under-- (A) any covered housing program, as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)); (B) title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), including voucher assistance under section 542 of such title (42 U.S.C. 1490r); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). (4) Federally backed multifamily mortgage loan.--The term ``Federally backed multifamily mortgage loan'' includes any loan (other than temporary financing such as a construction loan) that-- (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) Owner.--The term ``owner'' has the meaning given the term in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)). (6) Public housing; public housing agency.--The terms ``public housing'' and ``public housing agency'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (7) Residential mortgage loan.--The term ``residential mortgage loan'' includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1- to 4- families. (b) Uniform Statement.-- (1) Development.--The Director, after consultation with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of the statement pursuant to this section with information on how the recipient can register to vote and the voting rights of the recipient under law. (2) Responsibilities.--In developing the uniform statement, the Director shall be responsible for-- (A) establishing the format of the statement; (B) consumer research and testing of the statement; and (C) consulting with and obtaining from the Election Assistance Commission the content regarding voter rights and registration issues needed to ensure the statement complies with the requirements of paragraph (1). (3) Languages.-- (A) In general.--The uniform statement required under paragraph (1) shall be developed and made available in English and in each of the 10 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director using information published by the Director of the Bureau of the Census. (B) Publication.--The Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau. (c) Leases and Vouchers for Federally Assisted Rental Housing.-- Each Federal agency administering a Federal rental assistance program shall require-- (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (b) to each lessee of a dwelling unit in public housing administered by the agency-- (A) together with the lease for the dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (b) to each assisted family or individual-- (A) together with the voucher for the assistance, at the time the voucher is issued for the family or individual; and (B) together with any income verification form, at the time the voucher is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal rental assistance to provide a copy of the uniform statement developed pursuant to subsection (b) to the lessee of the dwelling unit-- (A) together with the lease for such dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the applicant or tenant. (d) Applications for Residential Mortgage Loans.--The Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application. (e) Federally Backed Multifamily Mortgage Loans.--The head of the Federal agency insuring, guaranteeing, supplementing, or assisting a Federally backed multifamily mortgage loan, or the Director of the Federal Housing Finance Agency in the case of a Federally backed multifamily mortgage loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, shall require the owner of the property secured by the Federally backed multifamily mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to each lessee of a dwelling unit assisted by that loan at the time the lease is signed by the lessee. (f) Optional Completion of Voter Registration.--Nothing in this section may be construed to require any individual to complete a voter registration form. (g) Regulations.--The head of a Federal agency administering a Federal rental assistance program, the head of the Federal agency insuring, guaranteeing, supplementing, or assisting a Federally backed multifamily mortgage loan, the Director of the Federal Housing Finance Agency, and the Director may issue such regulations as may be necessary to carry out this section. SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM INDIVIDUALS UNDER 18 YEARS OF AGE. (a) Acceptance of Applications.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1024, is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Acceptance of Applications From Individuals Under 18 Years of Age.-- ``(1) In general.--A State may not refuse to accept or process an individual's application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. ``(2) No effect on state voting age requirements.--Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022. SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY PROGRAMS. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), is amended-- (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: ``SEC. 305. VOTER PRIVACY PROGRAMS. ``(a) In General.--Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. ``(b) Notice.--Each State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. ``(c) Public Availability.--Each State shall make information about the program established under subsection (a) available on a publicly accessible website. ``(d) Definitions.--In this section: ``(1) The terms `domestic violence', `stalking', `sexual assault', and `dating violence' have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). ``(2) The term `trafficking' means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). ``(e) Effective Date.--Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2023.''. (b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), is amended-- (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: ``Sec. 305. Voter privacy programs.''. PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW REQUIREMENTS. (a) In General.--Section 251(b) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)) is amended-- (1) in paragraph (1), by striking ``as provided in paragraphs (2) and (3)'' and inserting ``as otherwise provided in this subsection''; and (2) by adding at the end the following new paragraph: ``(4) Certain voter registration activities.-- Notwithstanding paragraph (3), a State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021.''. (b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. Subtitle B--Access to Voting for Individuals With Disabilities SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a) and section 1044(a), is amended-- (1) by redesignating sections 306 and 307 as sections 307 and 308, respectively; and (2) by inserting after section 305 the following new section: ``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. ``(a) Treatment of Applications and Ballots.--Each State shall-- ``(1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); ``(2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; ``(3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; ``(4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures-- ``(A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); ``(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and ``(C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; ``(5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and ``(6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. ``(b) Designation of Single State Office to Provide Information on Registration and Absentee Ballot Procedures for Voters With Disabilities in State.-- ``(1) In general.--Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. ``(2) Responsibilities.--Each State shall, through the office designated in paragraph (1)-- ``(A) provide information to election officials-- ``(i) on how to set up and operate accessible voting systems; and ``(ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; ``(B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; ``(C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; ``(D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and ``(E) publicly post the results of any audits to determine the accessibility of polling places no later than 6 months after the completion of the audit. ``(c) Designation Of Means of Electronic Communication for Individuals With Disabilities to Request and for States to Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information.-- ``(1) In general.--Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication-- ``(A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); ``(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and ``(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. ``(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. ``(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials.--Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. ``(4) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(d) Transmission of Blank Absentee Ballots by Mail and Electronically.-- ``(1) In general.--Each State shall establish procedures-- ``(A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and ``(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. ``(2) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(3) Application of methods to track delivery to and return of ballot by individual requesting ballot.--Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. ``(e) Individual With a Disability Defined.--In this section, an `individual with a disability' means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. ``(f) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2022.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 306, January 1, 2022.''. (2) Redesignation.-- (A) In general.--Title III of such Act (52 U.S.C. 21081 et seq.) is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. (B) Conforming amendment.--Section 322(a) of such Act, as redesignated by subparagraph (A), is amended by striking ``section 312'' and inserting ``section 322''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c) and section 1044(b), is amended-- (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and (2) by inserting after the item relating to section 305 the following new item: ``Sec. 306. Access to voter registration and voting for individuals with disabilities.''. SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION WEBSITES. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), and section 1101(a), is amended-- (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: ``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION WEBSITES. ``(a) In General.--Not later than January 1, 2023, each State shall establish a single election website that is accessible and meets the following requirements: ``(1) Local election officials.--The website shall provide local election officials, poll workers, and volunteers with-- ``(A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and ``(B) online training and resources on-- ``(i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and ``(ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. ``(2) Voters.--The website shall provide information about voting, including-- ``(A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; ``(B) how to register to vote and confirm voter registration in the State; ``(C) the location and operating hours of all polling places in the State; ``(D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; ``(E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; ``(F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and ``(G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. ``(b) Partnership With Outside Technical Organization.--The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to-- ``(1) update an existing election website to make it fully accessible in accordance with this section; or ``(2) develop an election website that is fully accessible in accordance with this section. ``(c) State Plan.-- ``(1) Development.--The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. ``(2) Committee membership.--The committee shall comprise at least the following individuals: ``(A) The chief election officials of the four most populous jurisdictions within the State. ``(B) The chief election officials of the four least populous jurisdictions within the State. ``(C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. ``(D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual. ``(E) Representatives from two independent non- governmental organizations with expertise in establishing and maintaining accessible websites. ``(F) Representatives from two independent non- governmental voting rights organizations. ``(G) Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). ``(d) Partnership To Monitor and Verify Accessibility.--The chief State election official of each eligible State, through the committee of appropriate individuals under subsection (c)(2), shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website: ``(1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061(a)). ``(2) Centers for Independent Living, as described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.). ``(3) A State Council on Developmental Disabilities described in section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025). ``(4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). ``(5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 (29 U.S.C. 796d). ``(6) State Assistive Technology Act Programs. ``(7) A visual access advocacy organization. ``(8) An organization for the deaf. ``(9) A mental health organization. ``(e) Definitions.--For purposes of this section, section 305, and section 307: ``(1) Accessible.--The term `accessible' means-- ``(A) in the case of the election website under subsection (a) or an electronic communication under section 305-- ``(i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; ``(ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and ``(iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and ``(B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design adopted by the Department of Justice (or any successor standards). ``(2) Individual with a disability.--The term `individual with a disability' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), and who is otherwise qualified to vote in elections for Federal office. ``(3) Older individual.--The term `older individual' means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office.''. (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b), is amended by striking ``section 306'' and inserting ``sections 306 and 307''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), and section 1101(c), is amended-- (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and (2) by inserting after the item relating to section 306 the following new item: ``Sec. 307. Establishment and maintenance of accessible election websites.''. SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH DISABILITIES AND OLDER INDIVIDUALS. (a) Requirement.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), and section 1102(a), is amended-- (A) by redesignating sections 308 and 309 as sections 309 and 310, respectively; and (B) by inserting after section 307 the following: ``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND OLDER INDIVIDUALS. ``(a) In General.--Each State shall-- ``(1) ensure all polling places within the State are accessible, as defined in section 306; ``(2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and ``(3) consider options to establish `mobile polling sites' to allow election officials or volunteers to travel to long- term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in these facilities. ``(b) Clarification.--Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2024.''. (2) Voluntary guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by section 1102(b), is amended by striking ``and 307'' and inserting ``, 307, and 308''. (3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), and section 1102(c), is amended-- (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: ``Sec. 308. Access to voting for individuals with disabilities and older individuals.''. (b) Revisions to Voting Accessibility for the Elderly and Handicapped Act.-- (1) Reports to election assistance commission.--Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(c)) is amended-- (A) in the subsection heading, by striking ``Federal Election Commission'' and inserting ``Election Assistance Commission''; (B) in each of paragraphs (1) and (2), by striking ``Federal Election Commission'' and inserting ``Election Assistance Commission''; and (C) by striking paragraph (3). (2) Conforming amendments relating to references.--The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), as amended by paragraph (1), is amended-- (A) by striking ``handicapped and elderly individuals'' each place it appears and inserting ``individuals with disabilities and older individuals''; (B) by striking ``handicapped and elderly voters'' each place it appears and inserting ``individuals with disabilities and older individuals''; (C) in section 3(b)(2)(B), by striking ``handicapped or elderly voter'' and inserting ``individual with a disability or older individual''; (D) in section 5(b), by striking ``handicapped voter'' and inserting ``individual with a disability''; and (E) in section 8-- (i) by striking paragraphs (1) and (2) and inserting the following: ``(1) `accessible' has the meaning given that term in section 307 of the Help America Vote Act of 2002, as added by section 1102(a) of the Freedom to Vote Act; ``(2) `older individual' has the meaning given that term in such section 307;''; and (ii) by striking paragraph (4), and inserting the following: ``(4) `individual with a disability' has the meaning given that term in such section 306; and''. (3) Short title amendment.-- (A) In general.--Section 1 of the ``Voting Accessibility for the Elderly and Handicapped Act'' (Public Law 98-435; 42 U.S.C. 1973ee note) is amended by striking ``for the Elderly and Handicapped'' and inserting ``for Individuals with Disabilities and Older Individuals''. (B) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Voting Accessibility for the Elderly and Handicapped Act'' shall be deemed to be a reference to the ``Voting Accessibility for Individuals with Disabilities and Older Individuals Act''. (4) Effective date.--The amendments made by this subsection shall take effect on January 1, 2024, and apply to with respect to elections for Federal office held on or after that date. SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), and section 1103(a)(1), is amended-- (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; and (2) by inserting after section 308 the following: ``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP. ``(a) In General.--A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. ``(b) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2022.''. (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking ``and 308'' and inserting ``308, and 309''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), and section 1103(a)(3), is amended-- (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: ``Sec. 309. Protections for individuals subject to guardianship.''. SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Purposes of Payments.--Section 261(b) of the Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; ``(2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and ``(3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.''. (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: ``(4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part.''. (c) Period of Availability of Funds.--Section 264 of such Act (52 U.S.C. 21024) is amended-- (1) in subsection (b), by striking ``Any amounts'' and inserting ``Except as provided in subsection (b), any amounts''; and (2) by adding at the end the following new subsection: ``(c) Return and Transfer of Certain Funds.-- ``(1) Deadline for obligation and expenditure.--In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. ``(2) Reallocation of transferred amounts.-- ``(A) In general.--The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. ``(B) Covered payment recipients described.--In subparagraph (A), a `covered payment recipient' is a State or unit of local government with respect to which-- ``(i) amounts were appropriated pursuant to the authority of subsection (a); and ``(ii) no amounts were transferred to the Commission under paragraph (1).''. SEC. 1106. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS. (a) Inclusion of System Serving American Indian Consortium.-- Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C. 21061(a)) is amended by striking ``of each State'' and inserting ``of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''. (b) Grant Amount.--Section 291(b) of the Help America Vote Act of 2002 (52 U.S.C. 21061(b)) is amended-- (1) by striking ``as set forth in subsections (c)(3)'' and inserting ``as set forth in subsections (c)(1)(B) (regardless of the fiscal year), (c)(3)''; and (2) by striking ``except that'' and all that follows and inserting ``except that the amount of the grants to systems referred to in subsection (c)(3)(B) of that section shall not be less than $70,000 and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) of that section shall not be less than $35,000.''. SEC. 1107. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT RESIDENCES. (a) Establishment of Pilot Programs.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. (b) Reports.-- (1) In general.--A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline.--A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing.--The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. (e) State Defined.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 1108. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Analysis.--The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act-- (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines-- (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report.-- (1) In general.--Not later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees.--For purposes of this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. Subtitle C--Early Voting SEC. 1201. EARLY VOTING. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), and section 1104(a), is amended-- (1) by redesignating sections 310 and 311 as sections 311 and 312, respectively; and (2) by inserting after section 309 the following new section: ``SEC. 310. EARLY VOTING. ``(a) Requiring Voting Prior to Date of Election.--Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in-person. ``(b) Minimum Early Voting Requirements.-- ``(1) In general.-- ``(A) Length of period.--The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. ``(B) Hours for early voting.--Each polling place which allows voting during an early voting period under subparagraph (A) shall-- ``(i) allow such voting for no less than 10 hours on each day during the period; ``(ii) have uniform hours each day for which such voting occurs; and ``(iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ``(2) Requirements for vote-by-mail jurisdictions.--In the case of a jurisdiction that sends every registered voter a ballot by mail-- ``(A) paragraph (1) shall not apply; ``(B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of election day and which includes at least one consecutive Saturday and Sunday; and ``(C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting-- ``(i) during the election office's regular business hours; and ``(ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. ``(3) Requirements for small jurisdictions.-- ``(A) In general.--In the case of a jurisdiction described in subparagraph (B), paragraph (1)(B) shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote-- ``(i) at each polling place which allows voting during the early voting period described in paragraph (1)(A)-- ``(I) during the election office's regular business hours; and ``(II) for a period of not less than 8 hours on at least one Saturday and at least one Sunday included in the early voting period; or ``(ii) at one or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph (1)(A) in accordance with the requirements under paragraph (1)(B). ``(B) Jurisdiction described.--A jurisdiction is described in this subparagraph if such jurisdiction-- ``(i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and ``(ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; ``(B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or ``(C) to limit a State or jurisdiction from offering early voting on the Monday before election day. ``(c) Location of Polling Places.-- ``(1) Proximity to public transportation.--To the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. ``(2) Availability in rural areas.--In the case of a jurisdiction that includes a rural area, the State or jurisdiction shall-- ``(A) ensure that polling places which allow voting during an early voting period under subsection (b) will be located in such rural areas; and ``(B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. ``(3) College campuses.--In the case of a jurisdiction that includes an institution of higher education, the State or jurisdiction shall-- ``(A) ensure that an appropriate number (not less than one) of polling places which allow voting during the early voting period under subsection (b) will be located on the campus of the institution of higher education; and ``(B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. ``(d) Standards.--Not later than June 30, 2022, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (c), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(e) Ballot Processing and Scanning Requirements.-- ``(1) In general.--Each State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State or jurisdiction begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. ``(2) Limitation.--Nothing in this subsection shall be construed-- ``(A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or ``(B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. ``(f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendments Relating to Issuance of Voluntary Guidance by Election Assistance Commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote Act, June 30, 2022.''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended-- (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: ``Sec. 310. Early voting.''. Subtitle D--Voting by Mail SEC. 1301. VOTING BY MAIL. (a) In General.-- (1) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), and section 1201(a), is amended-- (A) by redesignating sections 311 and 312 as sections 312 and 313, respectively; and (B) by inserting after section 310 the following new section: ``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) Uniform Availability of Absentee Voting to All Voters.-- ``(1) In general.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. ``(2) Administration of voting by mail.-- ``(A) Prohibiting identification requirement as condition of obtaining or casting ballot.--A State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring-- ``(i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver's license number or a social security number; or ``(ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. ``(B) Prohibiting faulty matching requirements for identifying information.--A State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter-- ``(i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or ``(ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual's eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes (52 U.S.C. 10101(a)(2)(B)). ``(C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot.--A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter's signature. ``(3) No effect on identification requirements for first- time voters registering by mail.--Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). ``(b) Due Process Requirements for States Requiring Signature Verification.-- ``(1) Requirement.-- ``(A) In general.--A State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). ``(B) Signature verification requirement described.--In this subsection, a `signature verification requirement' is a requirement that an election official verify the identification of an individual by comparing the individual's signature on the mail-in ballot or absentee ballot with the individual's signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. ``(2) Due process requirements.-- ``(A) Notice and opportunity to cure discrepancy in signatures.--If an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall-- ``(i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and ``(II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and ``(ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. ``(B) Notice and opportunity to cure missing signature or other defect.--If an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall-- ``(i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) the ballot did not include a signature or has some other defect; and ``(II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and ``(ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). ``(C) Other requirements.-- ``(i) In general.--An election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless-- ``(I) at least 2 election officials make the determination; ``(II) each official who makes the determination has received training in procedures used to verify signatures; and ``(III) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. ``(ii) Exception.--Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. ``(3) Report.-- ``(A) In general.--Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: ``(i) The number of ballots invalidated due to a discrepancy under this subsection. ``(ii) Description of attempts to contact voters to provide notice as required by this subsection. ``(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. ``(B) Submission to congress.--Not later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. ``(C) Federal election cycle defined.--For purposes of this subsection, the term `Federal election cycle' means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or ``(B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual's signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. ``(c) Applications for Absentee Ballots.-- ``(1) In general.--In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. ``(2) Treatment of websites.--A State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual-- ``(A) to print the application so that the individual may complete the application and return it to the official; or ``(B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ``(B) Applications received close to election day.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. ``(C) Rule of construction.--Nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). ``(4) Application for all future elections.-- ``(A) In general.--At the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. ``(B) Duration of treatment.-- ``(i) In general.--In the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as-- ``(I) the individual is no longer registered to vote in the State; or ``(II) the individual provides an affirmative written notice revoking such treatment. ``(ii) Prohibition on revocation based on failure to vote.--The treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election. ``(d) Accessibility for Individuals With Disabilities.--Each State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. ``(e) Uniform Deadline for Acceptance of Mailed Ballots.-- ``(1) In general.--A State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if-- ``(A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and ``(B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. ``(2) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. ``(f) Alternative Methods of Returning Ballots.--In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including-- ``(1) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and ``(2) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. ``(g) Ballot Processing and Scanning Requirements.-- ``(1) In general.--Each State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. ``(2) Limitation.--Nothing in this subsection shall be construed-- ``(A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or ``(B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. ``(h) Prohibiting Restrictions on Distribution of Absentee Ballot Applications by Third Parties.--A State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. ``(i) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. ``(j) No Effect on Ballots Submitted by Absent Military and Overseas Voters.--Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ``(k) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (2) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1201(c), is amended-- (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: ``Sec. 311. Promoting ability of voters to vote by mail.''. (b) Same-day Processing of Absentee Ballots.-- (1) In general.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Same-day processing of ballots ``(a) In General.--The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. ``(b) Definitions.--As used in this section-- ``(1) the term `ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (2) Technical and conforming amendment.--The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Same-day processing of ballots.''. (3) Effective date.--The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (c) Development of Alternative Verification Methods.-- (1) Development of standards.--The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by mail-in or absentee ballot in elections for Federal office. (2) Public notice and comment.--The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline.--Not later than 2 years after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1). SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM. (a) In General.-- (1) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended-- (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: ``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM. ``(a) Requirement.--Each State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot. ``(b) Means of Carrying Out Program.--A State may meet the requirements of subsection (a)-- ``(1) through a program-- ``(A) which is established by the State; ``(B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election-- ``(i) carries out procedures to track and confirm the receipt of such ballots; and ``(ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and ``(C) which meets the requirements of subsection (c); or ``(2) through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote Act. ``(c) State Program Requirements.--The requirements of this subsection are as follows: ``(1) Information on whether vote was accepted.--The information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. ``(2) Availability of information.--Information on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. ``(3) Accessibility of information.-- ``(A) In general.--Except as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. ``(B) Use of toll-free telephone number by officials without internet site.--In the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). ``(d) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.''. (2) Conforming amendments.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (b) Balloting Materials Tracking Service.-- (1) In general.--Not later than January 1, 2024, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. (2) Information tracked.--The balloting materials tracking service established under paragraph (1) shall provide to a voter the following information with respect to that voter: (A) In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. (B) The date on which any request by the voter for an application for voter registration or an absentee ballot was received. (C) The date on which any such requested application was sent to the voter. (D) The date on which any such completed application was received from the voter and the status of such application. (E) The date on which any mail-in ballot or absentee ballot was sent to the voter. (F) The date on which any mail-in ballot or absentee ballot was out for delivery to the voter. (G) The date on which the post office processes the ballot. (H) The date on which the returned ballot was out for delivery to the election office. (I) Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted. The information described in subparagraph (I) shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot. (3) Method of providing information.--The balloting materials tracking service established under paragraph (1) shall allow voters the option to receive the information described in paragraph (2) through email (or other electronic means) or through the mail. (4) Public availability of limited information.-- Information described in subparagraphs (E), (G), and (I) of paragraph (2) shall be made available to political parties and political organizations, free of charge, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned. (5) Prohibition on fees.--The Director may not charge any fee to a State or jurisdiction for use of the balloting materials tracking service in connection with any Federal, State, or local election. (6) Presidential designee.--For purposes of this subsection, the term ``Presidential designee'' means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 30201). (7) Authorization of appropriations.--There are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection. (c) Reimbursement for Costs Incurred by States in Establishing Program.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS ``SEC. 297. PAYMENTS TO STATES. ``(a) Payments for Costs of Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 312(b)(1) (including costs incurred prior to the date of the enactment of this part). ``(b) Certification of Compliance and Costs.-- ``(1) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission a statement containing-- ``(A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and ``(B) a statement of the costs incurred by the State in establishing the program. ``(2) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of-- ``(A) the number of jurisdictions in the State which are responsible for operating the program; and ``(B) $3,000. ``(3) Limit on number of payments received.--A State may not receive more than one payment under this part. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. (d) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), and section 1301(a), is amended-- (1) by adding at the end of the items relating to subtitle D of title II the following: ``PART 7--Payments to Reimburse States for Costs Incurred in Establishing Program to Track and Confirm Receipt of Absentee Ballots ``Sec. 297. Payments to states. ``Sec. 297A. Authorization of appropriations.''; (2) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and (3) by inserting after the item relating to section 311 the following new item: ``Sec. 312. Absentee ballot tracking program.''. SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS. (a) Postmark Required for Ballots.-- (1) In general.--Chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: ``Sec. 3408. Postmark required for ballots ``(a) In General.--In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise-- ``(1) the fact that the ballot was carried by the Postal Service; and ``(2) the date on which the ballot was mailed. ``(b) Definitions.--As used in this section-- ``(1) the term `absentee ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (2) Technical and conforming amendment.--The table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: ``3408. Postmark required for ballots.''. (3) Effective date.--The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (b) Greater Visibility for Ballots.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), and section 1302(a), is amended-- (A) by redesignating sections 313 and 314 as sections 314 and 315, respectively; and (B) by inserting after section 312 the following new section: ``SEC. 313. BALLOT VISIBILITY. ``(a) In General.--Each State or local election official shall-- ``(1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; ``(2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and ``(3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. ``(b) Effective Date.--The requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2022.''. (2) Voluntary guidance.--Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103 and 1104, is amended by striking ``and 309'' and inserting ``309, and 313''. (3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), and section 1302(a), is amended-- (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: ``Sec. 313. Ballot visibility.''. SEC. 1304. CARRIAGE OF ELECTION MAIL. (a) Treatment of Election Mail.-- (1) Treatment as first-class mail; free postage.--Chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: ``Sec. 3409. Domestic election mail; restriction of operational changes prior to elections ``(a) Definition.--In this section, the term `election mail' means-- ``(1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; ``(2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and ``(3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. ``(b) Carriage of Election Mail.--Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. ``(c) No Postage Required for Completed Ballots.--Completed absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. ``(d) Restriction of Operational Changes.--During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include-- ``(1) removing or eliminating any mail collection box without immediately replacing it; and ``(2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. ``(e) Election Mail Coordinator.--The Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.''. (2) Reimbursement of postal service for revenue forgone.-- Section 2401(c) of title 39, United States Code, is amended by striking ``sections 3217 and 3403 through 3406'' and inserting ``sections 3217, 3403 through 3406, and 3409''. (b) Technical and Conforming Amendment.--The table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: ``3409. Domestic election mail; restriction of operational changes prior to elections.''. (c) Effective Date.--The amendments made by this section shall apply to election mail relating to an election for Federal office occurring on or after January 1, 2022. SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED BALLOTS IN ELECTIONS FOR FEDERAL OFFICE. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), and section 1303(b) is amended-- (1) by redesignating sections 314 and 315 as sections 315 and 316, respectively; and (2) by inserting after section 313 the following new section: ``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS. ``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office. ``(b) Minimum Period for Availability of Drop Boxes.--The period described in this subsection is, with respect to an election, the period which begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or overseas voters (as defined in section 107(5) of such Act (52 U.S.C. 20310(5)))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved. ``(c) Accessibility.-- ``(1) Hours of access.-- ``(A) In general.--Except as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. ``(B) 24-hour drop boxes.-- ``(i) In general.--Of the number of drop boxes provided in any jurisdiction, not less the required number shall be accessible for 24- hours per day during the period described in subsection (b). ``(ii) Required number.--The required number is the greater of-- ``(I) 25 percent of the drop boxes required under subsection (d); or ``(II) 1 drop box. ``(2) Population.-- ``(A) In general.--Drop boxes provided under this section shall be accessible for use-- ``(i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of the State; ``(ii) by individuals with limited proficiency in the English language; and ``(iii) by homeless individuals (as defined in section 103 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11302)) within the State. ``(B) Determination of accessibility for individuals with disabilities.--For purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. ``(C) Rule of construction.--If a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. ``(d) Number of Drop Boxes.--Each jurisdiction shall have-- ``(1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2024, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and ``(2) in the case of the regularly scheduled general election for Federal office held in November 2024 and each election for Federal office occurring thereafter, not less than the greater of-- ``(A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or ``(B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have less than 1 drop box for any election for Federal office. ``(e) Location of Drop Boxes.--The State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are-- ``(1) available to all voters on a non-discriminatory basis; ``(2) accessible to voters with disabilities (in accordance with subsection (c)); ``(3) accessible by public transportation to the greatest extent possible; ``(4) available during all hours of the day; ``(5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and ``(6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. ``(f) Rules for Drop Boxes on Tribal Lands.--In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a jurisdiction, the appropriate State and local election officials shall-- ``(1) consult with Tribal leaders prior to making the determination; and ``(2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. ``(g) Timing of Scanning and Processing of Ballots.--For purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. ``(h) Posting of Information.--On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. ``(i) Remote Surveillance.--Nothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance. ``(j) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(c), section 1302(a), and section 1303(b), is amended-- (1) by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and (2) by inserting after the item relating to section 313 the following new item: ``Sec. 314. Use of secured drop boxes for voted absentee ballots.''. Subtitle E--Absent Uniformed Services Voters and Overseas Voters SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS. Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read as follows: ``(c) Reports on Availability, Transmission, and Receipt of Absentee Ballots.-- ``(1) Pre-election report on absentee ballot availability.--Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. ``(2) Pre-election report on absentee ballots transmitted.-- ``(A) In general.--Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report containing the information in subparagraph (B) to the Attorney General. ``(B) Information reported.--The report under subparagraph (A) shall consist of the following: ``(i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election by each unit of local government within the State that will transmit absentee ballots. ``(ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. ``(iii) Specific information about any late transmitted ballots. ``(C) Requirement to supplement incomplete information.--If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. ``(D) Format.--The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. ``(3) Post-election report on number of absentee ballots transmitted and received.--Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day.''. SEC. 1402. ENFORCEMENT. (a) Availability of Civil Penalties and Private Rights of Action.-- Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20307) is amended to read as follows: ``SEC. 105. ENFORCEMENT. ``(a) Action by Attorney General.--The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. ``(b) Private Right of Action.--A person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. ``(c) State as Only Necessary Defendant.--In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.''. (b) Effective Date.--The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION. (a) In General.--Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is amended to read as follows: ``(8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g);''. (b) Ballot Transmission Requirements and Repeal of Waiver Provision.--Subsection (g) of section 102 of such Act (52 U.S.C. 20302(g)) is amended to read as follows: ``(g) Ballot Transmission Requirements.-- ``(1) In general.--For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: ``(A) Transmission deadline.--The State shall transmit the absentee ballot not later than 46 days before the election. ``(B) Special rules in case of failure to transmit on time.-- ``(i) In general.--If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. ``(ii) Extended failure.--If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall-- ``(I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and ``(II) in any other case, provide for the return of such ballot by express delivery. ``(iii) Cost of express delivery.--In any case in which express delivery is required under this subparagraph, the cost of such express delivery-- ``(I) shall not be paid by the voter; and ``(II) if determined appropriate by the chief State election official, may be required by the State to be paid by a local jurisdiction. ``(iv) Exception.--Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. ``(v) Enforcement.--A State's compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. ``(C) Special procedure in event of disaster.--If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), the chief State election official shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. ``(2) Requests received after 47th day before election.-- For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request.''. SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT ELECTIONS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows: ``SEC. 104. TREATMENT OF BALLOT REQUESTS. ``(a) In General.--If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election. ``(b) Exception for Voters Changing Registration.--Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. ``(c) Prohibition of Refusal of Application on Grounds of Early Submission.--A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.''. (b) Requirement for Revision to Postcard Form.-- (1) In general.--The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the form to-- (A) request an absentee ballot for each election for Federal office held in a State through the end of the calendar year following the next regularly scheduled general election for Federal office; or (B) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in subparagraph (A). (2) Presidential designee.--For purposes of this paragraph, the term ``Presidential designee'' means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)). (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302), as amended by section 1302, is amended by adding at the end the following new subsection: ``(i) Guarantee of Residency for Spouses and Dependents of Absent Members of Uniformed Service.--For the purposes of voting in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual's absence and without regard to whether or not such spouse or dependent is accompanying that individual-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''. SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY AND OVERSEAS VOTER EMPOWERMENT ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE BALLOT. (a) In General.--Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by striking ``general elections'' and inserting ``general, special, primary, and runoff elections''. (b) Conforming Amendment.--Section 103 of such Act (52 U.S.C. 20303) is amended-- (1) in subsection (b)(2)(B), by striking ``general''; and (2) in the heading thereof, by striking ``general''. SEC. 1407. TREATMENT OF POST CARD REGISTRATION REQUESTS. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302), as amended by sections 1302 and 1405, is amended by adding at the end the following new subsection: ``(j) Treatment of Post Card Registrations.--A State shall not remove any absent uniformed services voter or overseas voter who has registered to vote using the official post card form (prescribed under section 101) from the official list of registered voters except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 (52 U.S.C. 20507).''. SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER DISENFRANCHISEMENT. (a) In General.--Not later than 1 year of enactment of this Act, the Presidential designee shall submit to Congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for Federal elections. (b) Presidential Designee.--For purposes of this section, the term ``Presidential designee'' means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)). SEC. 1409. EFFECTIVE DATE. Except as provided in section 1402(b) and section 1404(c), the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2022. Subtitle F--Enhancement of Enforcement SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002. (a) Complaints; Availability of Private Right of Action.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended-- (1) by striking ``The Attorney General'' and inserting ``(a) In General.--The Attorney General''; and (2) by adding at the end the following new subsections: ``(b) Filing of Complaints by Aggrieved Persons.--A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. ``(c) Availability of Private Right of Action.--Any person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual's right to a voter- verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. ``(d) No Effect on State Procedures.--Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.''. (b) Effective Date.--The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. Subtitle G--Promoting Voter Access Through Election Administration Modernization Improvements PART 1--PROMOTING VOTER ACCESS SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING PLACE CHANGES. (a) Requirements.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Minimum Notification Requirements for Voters Affected by Polling Place Changes.-- ``(1) Requirement for precinct-based polling.-- ``(A) In general.--If an applicable individual has been assigned to a polling place that is different than the polling place that such individual was assigned with respect to the most recent past election for Federal office in which the individual was eligible to vote-- ``(i) the appropriate election official shall, not later than 2 days before the beginning of an early voting period-- ``(I) notify the individual of the location of the polling place not later than 2 days before the beginning of an early voting period; and ``(II) post a general notice on the website of the State or jurisdiction, on social media platforms (if available), and on signs a the prior polling place; and ``(ii) if such assignment is made after the date which is 2 days before the beginning of an early voting period and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the jurisdiction shall make every reasonable effort to enable the individual to vote a ballot on the date of the election without the use of a provisional ballot. ``(B) Applicable individual.--For purposes of subparagraph (A), the term `applicable individual' means, with respect to any election for Federal office, any individual-- ``(i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and ``(ii) whose voter registration address has not changed since such most recent past election for Federal office. ``(C) Methods of notification.--The appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail. ``(2) Requirements for vote centers.--In the case of a jurisdiction in which individual are not assigned to specific polling places, not later than 2 days before the beginning of an early voting period, the appropriate election official shall notify each voter eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote. ``(3) Notice with respect to closed polling places.-- ``(A) In general.--If a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: ``(i) A statement that the location is not serving as a polling place in the election. ``(ii) The locations serving as polling places in the election in the jurisdiction involved. ``(iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. ``(iv) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. ``(B) Internet posting.--Each State which is required to post signs under subparagraph (A) shall also provide such information through a website and through social media (if available). ``(4) Linguistic preference.--The notices required under this subsection shall comply with the requirements of section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503). ``(5) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022.''. (b) Conforming Amendment.--Section 302(e) of such Act (52 U.S.C. 21082(e)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsection (d)(4), each State''. SEC. 1602. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS. (a) Accommodations Described.-- (1) Designation of ballot pickup and collection locations.--Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. An Indian Tribe may designate one building per precinct located within Indian lands. The applicable State or political subdivision shall collect ballots from those locations. The applicable State or political subdivision shall provide the Indian Tribe with accurate precinct maps for all precincts located within Indian lands 60 days before the election. (2) Provision of mail-in and absentee ballots.--The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address.--The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter's precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. Voters using a tribally designated building outside of the voter's precinct may use the tribally designated building as a mailing address and may separately designate the voter's appropriate precinct through a description of the voter's address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (4) Language accessibility.--In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by subsection (b). (5) Clarification.--Nothing in this section alters the ability of an individual voter residing on Indian lands to request a ballot in a manner available to all other voters in the State. (6) Definitions.--In this section: (A) Election for federal office.--The term ``election for Federal office'' means a general, special, primary or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (B) Indian.--The term ``Indian'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (C) Indian lands.--The term ``Indian lands'' includes-- (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602)); (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (D) 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). (E) Tribal government.--The term ``Tribal Government'' means the recognized governing body of an Indian Tribe. (7) Enforcement.-- (A) Attorney general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection. (B) Private right of action.-- (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (ii) An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this subsection, if-- (I) that person or Tribal Government provides the notice described in clause (i); and (II)(aa) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i); or (bb) in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i). (iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). (b) Bilingual Election Requirements.--Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is amended-- (1) in subsection (b)(3)(C), by striking ``1990'' and inserting ``2010''; and (2) by striking subsection (c) and inserting the following: ``(c) Provision of Voting Materials in the Language of a Minority Group.-- ``(1) In general.--Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. ``(2) Exceptions.-- ``(A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall be required only to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. ``(B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall be required only to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. ``(3) Written translations for election workers.-- Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform.''. (c) Effective Date.--This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. SEC. 1603. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by striking ``and American Samoa'' and inserting ``American Samoa, and the Commonwealth of the Northern Mariana Islands''. SEC. 1604. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL ELECTION AND RUNOFF ELECTION FOR FEDERAL ELECTIONS IN THE VIRGIN ISLANDS AND GUAM. Section 2 of the Act entitled ``An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives'', approved April 10, 1972 (48 U.S.C. 1712), is amended-- (1) by striking ``(a) The Delegate'' and inserting ``The Delegate''; (2) by striking ``on the fourteenth day following such an election'' in the fourth sentence of subsection (a); and (3) by striking subsection (b). SEC. 1605. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO TERRITORIES OF THE UNITED STATES. (a) National Voter Registration Act of 1993.--Section 3(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended by striking ``States and the District of Columbia'' and inserting ``States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. (b) Help America Vote Act of 2002.-- (1) Coverage of commonwealth of the northern mariana islands.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. (2) Conforming amendments to help america vote act of 2002.--Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended by striking ``and American Samoa'' and inserting ``American Samoa, and the Commonwealth of the Northern Mariana Islands''. (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by striking ``or the United States Virgin Islands'' and inserting ``the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands''. (3) Conforming amendment relating to consultation of help america vote foundation with local election officials.--Section 90102(c) of title 36, United States Code, is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. SEC. 1606. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES OF THE UNITED STATES. (a) Intimidation of Voters.--Section 594 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. (b) Interference by Government Employees.--Section 595 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. (c) Voting by Noncitizens.--Section 611(a) of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. SEC. 1607. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING PLACES. (a) In General.-- (1) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), and section 1305(a), is amended-- (A) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (B) by inserting after section 314 the following new section: ``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING PLACES. ``(a) Preventing Unreasonable Waiting Times for Voters.-- ``(1) In general.--Each State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State or jurisdiction; and ``(B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(G) The type of voting systems used. ``(H) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. ``(3) Rule of construction.--Nothing in this subsection may be construed-- ``(A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or ``(B) to limit the use of mobile voting centers. ``(b) Limiting Variations on Number of Hours of Operation of Polling Places Within a State.-- ``(1) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. ``(B) Permitting variance on basis of population.-- Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. ``(2) Exceptions for polling places with hours established by units of local government.--Paragraph (1) does not apply in the case of a polling place-- ``(A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or ``(B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. ``(c) Effective Date.--This section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection.''. (2) Conforming amendments relating to issuance of voluntary guidance by election assistance commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b) and as amended by sections, 1102, 1103, 1104, and 1201, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); (C) in paragraph (6), as so redesignated, by striking ``paragraph (4)'' and inserting ``paragraph (4) or (5)''; and (D) by inserting after paragraph (4) the following new paragraph: ``(5) in the case of the recommendations with respect to section 315, 180 days after the date of the enactment of such section; and''. (3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended-- (A) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (B) by inserting after the item relating to section 314 the following new item: ``Sec. 315. Ensuring equitable and efficient operation of polling places.''. (b) Study of Methods to Enforce Fair and Equitable Waiting Times.-- (1) Study.--The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report.--Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1). SEC. 1608. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(1), is amended-- (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: ``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING. ``(a) Prohibition.--A State may not-- ``(1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or ``(2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(3), is amended-- (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: ``Sec. 316. Prohibiting States from restricting curbside voting.''. PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION. Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended-- (1) by striking ``for each of the fiscal years 2003 through 2005'' and inserting ``for fiscal year 2021 and each succeeding fiscal year''; and (2) by striking ``(but not to exceed $10,000,000 for each such year)''. SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE COMMISSION. (a) Assessment of Information Technology and Cybersecurity.--Not later than December 31, 2021, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission's information technology systems, including the cybersecurity of such systems. (b) Improvements to Administrative Complaint Procedures.-- (1) Review of procedures.--The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 (52 U.S.C. 21112) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures.--Not later than December 31, 2021, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS. (a) In General.--Section 205 of the Help America Vote Act of 2002 (52 U.S.C. 20925) is amended by striking subsection (e). (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. PART 3--MISCELLANEOUS PROVISIONS SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE. (a) Definition.--Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section: ``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. ``For purposes of titles I through III, the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: ``Sec. 907. Election for Federal office defined.''. SEC. 1622. NO EFFECT ON OTHER LAWS. (a) In General.--Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (4) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (b) No Effect on Preclearance or Other Requirements Under Voting Rights Act.--The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act. (c) No Effect on Authority of States To Provide Greater Opportunities for Voting.--Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER REGISTRATION. To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. (a) Amendment to Help America Vote Act of 2002.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(1), and section 1608(a), is amended-- (1) by redesignating sections 317 and 318 as sections 318 and 319, respectively; and (2) by inserting after section 316 the following new section: ``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. ``(a) In General.--To the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of the enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. ``(b) Exception.--Subsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information.''. (b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(3), and section 1608(b), is amended-- (1) by redesignating the items relating to sections 317 and 318 as relating to sections 318 and 319, respectively; and (2) by inserting after the item relating to section 316 the following new item: ``Sec. 317. Application of certain provisions to States which do not collect telephone information.''. Subtitle H--Democracy Restoration SEC. 1701. SHORT TITLE. This subtitle may be cited as the ``Democracy Restoration Act of 2021''. SEC. 1702. FINDINGS. Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections-- (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. Twenty-eight states disenfranchise certain individuals on felony probation or parole. In 11 States, a conviction for certain offenses can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting then, only 24 percent were in prison. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. As of November 2018, the lifetime ban for persons with certain felony convictions was eliminated through a Florida ballot initiative. As a result, as many as 1,400,000 people are now eligible to have their voting rights restored. In 4 States--Alabama, Florida, Mississippi, and Tennessee--more than 7 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. Between 1865 and 1880, at least 14 states--Alabama, Arkansas, Colorado, Florida, Georgia, Illinois, Mississippi, Missouri, Nebraska, New York, North Carolina, South Carolina, Tennessee, and Texas--enacted or expanded their felony disenfranchisement laws. One of the primary goals of these laws was to prevent African Americans from voting. Of the states that enacted or expanded their felony disenfranchisement laws during this post-Civil War period, at least 11 continue to preclude persons on felony probation or parole from voting. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 9 States--Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)--more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. (11) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 percent), twice the national average for Latinos. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. Models of successful re-entry for persons convicted of a crime emphasize the importance of community ties, feeling vested and integrated, and prosocial attitudes. Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. Restoration of voting rights builds those qualities and facilitates reintegration into the community. That is why allowing citizens with criminal convictions who are living in a community to vote is correlated with a lower likelihood of recidivism. Restoration of voting rights thus reduces violence and protects public safety. (14) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. (15) The Eighth Amendment's prohibition on cruel and unusual punishments ``guarantees individuals the right not to be subjected to excessive sanctions.'' (Roper v. Simmons, 543 U.S. 551, 560 (2005)). That right stems from the basic precept of justice ``that punishment for crime should be graduated and proportioned to [the] offense.'' Id. (quoting Weems v. United States, 217 U.S. 349, 367 (1910)). As the Supreme Court has long recognized, ``[t]he concept of proportionality is central to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59 (2010)). Many State disenfranchisement laws are grossly disproportional to the offenses that lead to disenfranchisement and thus violate the bar on cruel and unusual punishments. For example, a number of states mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions, even where the convictions were for non-violent offenses. In numerous other States, disenfranchisement can last years or even decades while individuals remain on probation or parole, often only because a person cannot pay their legal financial obligations. These kinds of extreme voting bans run afoul of the Eighth Amendment. (16) The Twenty-Fourth Amendment provides that the right to vote ``shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.''. Section 2 of the Twenty-Fourth Amendment gives Congress the power to enforce this article by appropriate legislation. Court fines and fees that individuals must pay to have their voting rights restored constitute an ``other tax'' for purposes of the Twenty-Fourth Amendment. At least five States explicitly require the payment of fines and fees before individuals with felony convictions can have their voting rights restored. More than 20 other states effectively tie the right to vote to the payment of fines and fees, by requiring that individuals complete their probation or parole before their rights are restored. In these States, the non-payment of fines and fees is a basis on which probation or parole can be extended. Moreover, these states sometimes do not record the basis on which an individual's probation or parole was extended, making it impossible to determine from the State's records whether non- payment of fines and fees is the reason that an individual remains on probation or parole. For these reasons, the only way to ensure that States do not deny the right to vote based solely on non-payment of fines and fees is to prevent States from conditioning voting rights on the completion of probation or parole. SEC. 1703. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 1704. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. (b) Private Right of Action.-- (1) In general.--A person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. (a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall-- (A) notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual-- (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021; and (ii) may register to vote in any such election; and (B) provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal Notification.-- (1) Notification.--Any individual who has been convicted of a criminal offense under Federal law-- (A) shall be notified in accordance with paragraph (2) that such individual-- (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021; and (ii) may register to vote in any such election; and (B) shall be provided with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given-- (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. SEC. 1706. DEFINITIONS. For purposes of this subtitle: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. SEC. 1707. RELATION TO OTHER LAWS. (a) State Laws Relating to Voting Rights.--Nothing in this subtitle may be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this subtitle. (b) Certain Federal Acts.--The rights and remedies established by this subtitle-- (1) are in addition to all other rights and remedies provided by law, and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). SEC. 1708. FEDERAL PRISON FUNDS. No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual's rights under section 1703. SEC. 1709. EFFECTIVE DATE. This subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. Subtitle I--Voter Identification and Allowable Alternatives SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION. (a) Requirement to Provide Identification as Condition of Receiving Ballot.--Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Voter Identification Requirements.-- ``(1) Voter identification requirement defined.--For purposes of this subsection: ``(A) In general.--The term `voter identification requirement' means any requirement that an individual desiring to vote in person in an election for Federal office present identification as a requirement to receive or cast a ballot in person in such election. ``(B) Exception.--Such term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). ``(2) In general.--If a State or local jurisdiction has a voter identification requirement, the State or local jurisdiction-- ``(A) shall treat any applicable identifying document as meeting such voter identification requirement; ``(B) notwithstanding the failure to present an applicable identifying document, shall treat an individual desiring to vote in person in an election for Federal office as meeting such voter identification requirement if-- ``(i) the individual presents the appropriate State or local election official with a sworn written statement, signed in the presence of the official by an adult who has known the individual for at least six months under penalty of perjury, attesting to the individual's identity; ``(ii) the official has known the individual for at least six months; or ``(iii) in the case of a residents of a State-licensed care facility, an employee of the facility confirms the individual's identity; and ``(C) shall permit any individual desiring to vote in an election for Federal office who does not present an applicable identifying document required under subparagraph (A) or qualify for an exception under subparagraph (B) to cast a provisional ballot with respect to the election under section 302(a) in accordance with paragraph (3). ``(3) Rules for provisional ballot.-- ``(A) In general.--A individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity. ``(B) Prohibition on other requirements.--Except as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individuals described in paragraph (2)(C). ``(C) Counting of provisional ballot.--In the case of a provisional ballot cast pursuant to paragraph (2)(C), the appropriate State or local election official shall not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless-- ``(i) the official determines that the signature on such statement matches the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; or ``(ii) not later than 10 days after casting the provisional ballot, the individual presents an applicable identifying document, either in person or by electronic methods, to the official and the official confirms the individual is the person identified on the applicable identifying document. ``(D) Notice and opportunity to cure discrepancy in signatures or other defects on provisional ballots.-- ``(i) Notice and opportunity to cure discrepancy in signatures.--If an individual casts a provisional ballot under this paragraph and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall-- ``(I) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(aa) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and ``(bb) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and ``(II) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. ``(ii) Notice and opportunity to cure other defects.--If an individual casts a provisional ballot under this paragraph with a defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall-- ``(I) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(aa) the ballot has some defect; and ``(bb) if the individual does not cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and ``(II) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual cures the defect. ``(E) No exemption.--Notwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). ``(F) Rule of construction.-- ``(i) In general.--Nothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph (A) to cast a regular ballot in lieu of a provisional ballot. ``(ii) Regular ballot.--For purpose of this subparagraph, the term `regular ballot' means a ballot which is cast and counted in same manner as ballots cast by individuals meeting the voter identification requirement (and all other applicable requirements with respect to voting in the election). ``(4) Development and use of pre-printed version of statement by commission.-- ``(A) In general.--The Commission shall develop pre-printed versions of the statements described in paragraphs (2)(B)(i) and (3)(A) which include appropriate blank spaces for the provision of names and signatures. ``(B) Providing pre-printed copy of statement.-- Each State and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph (A) available at polling places for use by individuals voting in person. ``(5) Required provision of identifying documents.-- ``(A) In general.--Each State and jurisdiction that has a voter identification requirement shall-- ``(i) for each individual who, on or after the applicable date, is registered to vote in such State or jurisdiction in elections for Federal office, provide the individual with a government-issued identification that meets the requirements of this subsection without charge; ``(ii) for each individual who, before the applicable date, was registered to vote in such State or jurisdiction in elections for Federal office but does not otherwise possess an identifying document, provide the individual with a government-issued identification that meets the requirements of this subsection without charge, so long as the State provides the individual with reasonable opportunities to obtain such identification prior to the date of the election; and ``(iii) for each individual who is provided with an identification under clause (i) or clause (ii), provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification. ``(B) Applicable date.--For purposes of this paragraph, the term `applicable date' means the later of-- ``(i) January 1, 2022, or ``(ii) the first date after the date of the enactment of this subsection for which the State or local jurisdiction has in effect a voter identification requirement. ``(6) Applicable identifying document.--For purposes of this subsection-- ``(A) In general.--The term `applicable identifying document' means, with respect to any individual, any document issued to such individual containing the individual's name. ``(B) Included documents.--The term `applicable identifying document' shall include any of the following (so long as that document has not expired or, if expired, expired no earlier than four years before the date of presentation): ``(i) A driver's license or an identification card issued by a State, the Federal Government, or a State or federally recognized Tribal government. ``(ii) A State-issued identification described in paragraph (4). ``(iii) A United States passport or passport card. ``(iv) A employee identification card issued by-- ``(I) any branch, department, agency, or entity of the United States Government or of any State, ``(II) any State or federally recognized Tribal government, or ``(III) any county, municipality, board, authority, or other political subdivision of a State. ``(v) A student identification card issued by an institution of higher education, or a high school identification card issued by a State-accredited high school. ``(vi) A military identification card issued by the United States. ``(vii) A gun license or concealed carry permit. ``(viii) A Medicare card or Social Security card. ``(ix) A birth certificate. ``(x) A voter registration card. ``(xi) A hunting or fishing license issued by a State. ``(xii) A identification card issued to the individual by the Supplemental Nutrition Assistance (SNAP) program. ``(xiii) A identification card issued to the individual by the Temporary Assistance for Needy Families (TANF) program. ``(xiv) A identification card issued to the individual by Medicaid. ``(xv) A bank card or debit card. ``(xvi) A utility bill issued within six months of the date of the election. ``(xvii) A lease or mortgage document issued within six months of the date of the election. ``(xviii) A bank statement issued within six months of the date of the election. ``(xix) A health insurance card issued to the voter. ``(xx) Any other document containing the individual's name issued by-- ``(I) any branch, department, agency, or entity of the United States Government or of any State; ``(II) any State or federally recognized tribal government; or ``(III) any county, municipality, board, authority, or other political subdivision of a State. ``(C) Copies and electronic documents accepted.-- The term `applicable identifying document' includes-- ``(i) any copy of a document described in subparagraph (A) or (B); and ``(ii) any document described in subparagraph (A) or (B) which is presented in electronic format.''. (b) Payments to States to Cover Costs of Required Identification Documents.-- (1) In general.--The Election Assistance Commission shall make payments to States to cover the costs incurred in providing identifications under section 303(c)(5) of the Help America Vote Act of 2002, as amended by this section. (2) Amount of payment.--The amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. (3) Authorization of appropriations.--There are authorized to be appropriated for payments under this subsection an aggregate amount of $5,000,000 for fiscal year 2022 and each of the 4 succeeding fiscal years. (c) Conforming Amendments.--Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is amended-- (1) in clause (i), by striking ``in person'' and all that follows and inserting ``in person, presents to the appropriate State or local election official an applicable identifying document (as defined in subsection (c)(6)); or''; and (2) in clause (ii), by striking ``by mail'' and all that follows and inserting ``by mail, submits with the ballot an applicable identifying document (as so defined).''. (d) Effective Date.--Section 303(e) of such Act (52 U.S.C. 21083(d)(2)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Voter identification requirements.--Each State and jurisdiction shall be required to comply with the requirements of subsection (c) with respect to elections for Federal office held on or after January 1, 2022.''. Subtitle J--Voter List Maintenance Procedures PART 1--VOTER CAGING PROHIBITED SEC. 1901. VOTER CAGING PROHIBITED. (a) Definitions.--In this section-- (1) the term ``voter caging document'' means-- (A) a non-forwardable document sent by any person other than a State or local election official that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document sent by any person other than a State or local election official with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant; (2) the term ``voter caging list'' means a list of individuals compiled from voter caging documents; and (3) the term ``unverified match list'' means any list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, or otherwise, unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. (b) Prohibition Against Voter Caging.--No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of-- (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual's eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote. (c) Enforcement.-- (1) Civil enforcement.-- (A) In general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. (B) Private right of action.-- (i) In general.--A person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (ii) Relief.--Except as provided in clause (iii), if the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (iii) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice under clause (i) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (2) Criminal penalty.--Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (d) No Effect on Related Laws.--Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. (a) Conditions Described.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(b) Notice After Removal.-- ``(1) Notice to individual removed.-- ``(A) In general.--Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. ``(2) Public notice.--Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. (b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. (c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ``registrants'' the second place it appears and inserting ``and subject to section 8A of such Act, registrants''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. Subtitle K--Severability SEC. 1921. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION B--ELECTION INTEGRITY TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: ``612. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. SEC. 2002. ESTABLISHMENT OF BEST PRACTICES. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2001), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''. TITLE III--PREVENTING ELECTION SUBVERSION Subtitle A--Restrictions on Removal of Election Administrators SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE. (a) Findings.--Congress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause was understood from the framing of the Constitution to contain ``words of great latitude,'' granting Congress broad power over Federal elections and a plenary right to preempt State regulation in this area. As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to ``insure free and fair elections,'' promote the uniform administration of Federal elections, and ``preserve and restore to the people their equal and sacred rights of election.''. (3) In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any ``abuses that might be made of the discretionary power'' to regulate the time, place, and manner of elections granted the States, including attempts at partisan entrenchment, malapportionment, and the exclusion of political minorities. As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. (4) The Elections Clause grants Congress ``plenary and paramount jurisdiction over the whole subject'' of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement ``a complete code for congressional elections.'' Smiley v. Holm, 285 U.S. 355, 366 (1932). The Elections Clause, unlike, for example, the Commerce Clause, has been found to grant Congress the authority to compel States to alter their regulations as to Federal elections, id. at 366-67, even if these alterations would impose additional costs on the States to execute or enforce. Association of Community Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 1997). (5) The phrase ``manner of holding elections'' in the Elections Clause has been interpreted by the Supreme Court to authorize Congress to regulate all aspects of the Federal election process, including ``notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns.'' Smiley v. Holm, 285 U.S. 355, 366 (1932). (6) The Supreme Court has recognized the broad ``substantive scope'' of the Elections Clause and upheld Federal laws promulgated thereunder regulating redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting. (7) The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. ``[I]f Congress has the power to make regulations, it must have the power to enforce them.'' Ex parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has noted that there can be no question that Congress may impose additional penalties for offenses committed by State officers in connection with Federal elections even if they differ from the penalties prescribed by State law for the same acts. Id. at 387-88. (8) The fair and impartial administration of Federal elections by State and local officials is central to ``the successful working of this government,'' Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to ``protect the act of voting . . . and the election itself from corruption or fraud,'' id. at 661-62. (9) The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections. (10) In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders. (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation. (12) Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections. (14) Congress has the authority to prevent politically motivated removals of local election officials pursuant to the First and Fourteenth Amendments. The Supreme Court has held that the First Amendment prohibits the removal of local government officials due to their party affiliation or political beliefs. Elrod v. Burns, 427 U.S. 347 (1976); Branti v. Finkel, 445 U.S. 507 (1980). ``[C]onditioning continued public employment on an employee's having obtained support from a particular political party violates the First Amendment because of the coercion of belief that necessarily flows from the knowledge that one must have a sponsor in the dominant party in order to retain one's job,'' Rutan v. Republican Party of Illinois, 497 U.S. 62, 71 (1990), which is a particularly pernicious pressure in the fair and neutral administration of elections. Congress has the authority to enforce these First Amendment protections under section 5 of the Fourteenth Amendment. (b) Restriction.-- (1) Standard for removal of a local election administrator.--A statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for gross negligence, neglect of duty, or malfeasance in office. (2) Private right of action.-- (A) In general.--Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding. (B) Statute of limitations.--Any action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. (3) Attorney's fees.--In any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fee. The term ``prevailing plaintiff'' means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement. (4) Removal of state proceedings to federal court.--A local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of united states to intervene.-- (A) Notice to attorney general.--Whenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General. (B) Right to intervene.--The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Review.--In reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator. (7) Definitions.--In this section, the following definitions apply: (A) Election.--The term ``election'' has the meaning given the term in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)). (B) Federal office.--The term ``Federal office'' has the meaning given the term in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3)). (C) Local election administrator.--The term ``local election administrator'' means, with respect to a local jurisdiction in a State, an individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. (D) Statewide election administrator.--The term ``statewide election administrator'' means, with respect to a State-- (i) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (ii) a legislative entity with the authority to suspend, remove, or relieve a local election administrator. (c) Rule of Construction.--Nothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the State. Subtitle B--Increased Protections for Election Workers SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED. (a) In General.--Chapter 29 of title 18, United 6 States Code, as amended by section 2001(a), is amended by adding at the end the following new section: ``SEC. 613. HARASSMENT OF ELECTION RELATED OFFICIALS. ``(a) Harassment of Election Workers.--It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce an election worker described in subsection (b) with intent to impede, intimidate, or interfere with such official while engaged in the performance of official duties, or with intent to retaliate against such official on account of the performance of official duties. ``(b) Election Worker Described.--An election worker as described in this section is any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office. ``(c) Penalty.--Any person who violates subsection (a) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 2001(b), is amended by adding at the end the following new item: ``613. Harassment of election related officials.''. SEC. 3102. PROTECTION OF ELECTION WORKERS. Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. Subtitle C--Prohibiting Deceptive Practices and Preventing Voter Intimidation SEC. 3201. SHORT TITLE. This subtitle may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2021''. SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) Prohibition.--Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by inserting at the end the following new paragraphs: ``(2) False statements regarding federal elections.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. ``(5) Election described.--An election described in this paragraph is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (b) Private Right of Action.-- (1) In general.--Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) In general.--Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Civil action.--Any person aggrieved by a violation of this section may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Conforming amendments.--Section 2004 of the Revised Statutes (52 U.S.C. 10101) is amended-- (A) in subsection (e), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''; and (B) in subsection (g), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (c) Criminal Penalties.-- (1) Deceptive acts.--Section 594 of title 18, United States Code, is amended-- (A) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; (B) in subsection (a), as inserted by subparagraph (A), by striking ``at any election'' and inserting ``at any general, primary, runoff, or special election''; and (C) by adding at the end the following new subsections: ``(b) Deceptive Acts.-- ``(1) False statements regarding federal elections.-- ``(A) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(c) Hindering, Interfering With, or Preventing Voting or Registering To Vote.-- ``(1) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(e) Election Described.--An election described in this subsection is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (3) Sentencing guidelines.-- (A) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''. SEC. 3203. CORRECTIVE ACTION. (a) Corrective Action.-- (1) In general.--If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written Procedures and Standards for Taking Corrective Action.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation.--In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle. SEC. 3204. REPORTS TO CONGRESS. (a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by section 3202(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 3202(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means. SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS. Subsection (c)(2) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(b), is amended-- (1) by striking ``Any person'' and inserting the following: ``(A) In general.--Any person''; and (2) by adding at the end the following new subparagraph: ``(B) Intimidation, etc.-- ``(i) In general.--A person aggrieved by a violation of subsection (b)(1) shall include, without limitation, an officer responsible for maintaining order and preventing intimidation, threats, or coercion in or around a location at which voters may cast their votes. . ``(ii) Corrective action.--If the Attorney General receives a credible report that conduct that violates or would be reasonably likely to violate subsection (b)(1) has occurred or is likely to occur, and if the Attorney General determines that State and local officials have not taken adequate steps to promptly communicate that such conduct would violate subsection (b)(1) or applicable State or local laws, Attorney General shall communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to convey the unlawfulness of proscribed conduct under subsection (b)(1) and the responsibilities of and resources available to State and local officials to prevent or correct such violations.''. SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVAS, AND CERTIFICATION EFFORTS A CRIME. Section 12(1) of the National Voter Registration Act (52 U.S.C. 20511) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; and (2) by adding at the end the following new subparagraph: ``(D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or''. Subtitle D--Protection of Election Records & Election Infrastructure SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION RECORDS. Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended-- (1) by striking ``Every officer'' and inserting the following: ``(a) In General.--Every officer''; (2) by striking ``records and papers'' and inserting ``records (including electronic records), papers, and election equipment'' each place the term appears; (3) by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''; (4) by inserting ``(but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter's cast ballot shall remain the official record of the cast ballot for purposes of this title'' after ``upon such custodian''; (5) by inserting ``, or acts in reckless disregard of,'' after ``fails to comply with''; and (6) by inserting after subsection (a) the following: ``(b) Election Equipment.--The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. ``(c) Guidance.--Not later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records and papers described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General.''. SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; JURISDICTION. (a) Expansion of Scope of Penalties for Interference.--Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended-- (1) by inserting ``, or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of,'' after ``or alters''; and (2) by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''. (b) Inspection, Reproduction, and Copying.--Section 303 of the Civil Rights Act of 1960 (52 U.S.C. 20703) is amended by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment'' each place the term appears. (c) Nondisclosure.--Section 304 of the Civil Rights Act of 1960 (52 U.S.C. 20704) is amended by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''. (d) Jurisdiction to Compel Production.--Section 305 of the Civil Rights Act of 1960 (52 U.S.C. 20705) is amended by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment'' each place the term appears. SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE. Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) is amended by adding at the end the following: ``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE. ``(a) Cause of Action.--The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. ``(b) Duty to Expedite.--It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and any appeal under this section.''. Subtitle E--Judicial Protection of the Right to Vote and Non-partisan Vote Tabulation SEC. 3401. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR FEDERAL OFFICE PROHIBITED. (a) In General.--Every citizen of legal voting age shall have the right to vote in elections for Federal office. (b) Retrogression.--A government may not diminish the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest. (c) Substantial Impairment.--A government may not substantially impair the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the impairment significantly furthers an important, particularized governmental interest. SEC. 3402. JUDICIAL REVIEW. (a) Civil Action.--An action challenging a violation of the rights created by this subtitle may be brought in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found. (b) Standards to Be Applied.--In a civil action under this section, the following shall apply: (1) Retrogression.-- (A) A plaintiff establishes a prima facie case of retrogression under section 4401(b) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote. (B) Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest. (C) If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less- restrictive means of furthering the particular important governmental interest. (2) Substantial impairment.-- (A) A plaintiff establishes a prima facie case of substantial impairment under section 4401(c) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action substantially impairs the ability, or makes it substantially difficult, to vote. (B) Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest. (c) Duty to Expedite.--It shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section. (d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by striking ``or section 40302'' and inserting ``section 40302''; and (2) by striking ``, the court'' and inserting ``, or section 4402(a) of the Freedom to Vote Act, the court''. SEC. 3403. DEFINITIONS. In this subtitle-- (1) the terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101); (2) the term ``government'' includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, of any State, or of any political subdivision of any State; (3) the term ``State'' means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; and (4) the term ``vote'' means all actions necessary to make a vote effective, including registration or other action required by law as a prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office for which votes are received in an election. SEC. 3404. RULES OF CONSTRUCTION. (a) Burdens Not Authorized.--Nothing in this subtitle may be construed to authorize a government to burden the right to vote in elections for Federal office. (b) Other Rights and Remedies.--Nothing in this subtitle shall be construed as indicating an intent on the part of Congress to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law. (c) Other Provisions of This Act.--Nothing in this subtitle shall be construed as affecting section 1703 of this Act (relating to rights of citizens). SEC. 3405. SEVERABILITY. If any provision of this subtitle or the application of such provision to any citizen or circumstance is held to be unconstitutional, the remainder of this subtitle and the application of the provisions of such to any citizen or circumstance shall not be affected thereby. SEC. 3406. EFFECTIVE DATE. This subtitle shall apply with respect to any elections for Federal office occurring on or after January 1, 2022. Subtitle F--Poll Worker Recruitment and Training SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING. (a) Grants by Election Assistance Commission.-- (1) In general.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of commission materials.--In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations.--The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility.-- (1) Application.--Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of application.--Each application submitted under paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to-- (i) youth and minors, including by recruiting at institutions of higher education and secondary education; and (ii) diversity, including with respect to race, ethnicity, and disability; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant.-- (1) In general.--The amount of a grant made to a State under this section shall be equal to the product of-- (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined.--In paragraph (1), the ``voting age population percentage'' for a State is the quotient of-- (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress.-- (1) Reports by recipients of grants.--Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by commission.--Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding.-- (1) Continuing availability of amount appropriated.--Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses.--Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. SEC. 3502. STATE DEFINED. In this subtitle, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Subtitle G--Preventing Poll Observer Interference SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. VOTER PROTECTION REQUIREMENTS. ``(a) Requirements for Challenges by Persons Other Than Election Officials.-- ``(1) Requirements for challenges.--No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is-- ``(A) documented in writing; and ``(B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. ``(2) Prohibition on challenges on or near date of election.--No person, other than a State or local election official, shall be permitted-- ``(A) to challenge an individual's eligibility to vote in an election for Federal office on Election Day on grounds that could have been made in advance of such day, or ``(B) to challenge an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. ``(b) Buffer Rule.-- ``(1) In general.--A person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of-- ``(A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or ``(B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring. ``(2) Rule of construction.--Nothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022.''. (b) Conforming Amendment Relating to Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1303, is amended by striking ``and 313'' and inserting ``313, and 303A''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following: ``Sec. 303A. Voter protection requirements.''. Subtitle H--Preventing Restrictions on Food and Beverages SEC. 3701. FINDINGS. Congress finds the following: (1) States have a legitimate interest in prohibiting electioneering at or near polling places, and each State has some form of restriction on political activities near polling places when voting is taking place. (2) In recent elections, voters have waited in unacceptably long lines to cast their ballot. During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. A disproportionate number of those who had to wait long periods were Black or Latino voters, who were more likely than White voters to wait in the longest lines on Election Day. (3) Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters' political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their Constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health. SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND BEVERAGES AT POLLING STATIONS. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(1), section 1608(a), and section 1624(a) is amended-- (1) by redesignating sections 318 and 319 as sections 319 and 320, respectively; and (2) by inserting after section 317 the following new section: ``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF FOOD AND BEVERAGES AT POLLING STATIONS. ``(a) Prohibition.--Subject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. ``(b) Exception.--A State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022.''. (b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking ``and 303A'' and inserting ``303A, and 317''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(3), section 1608(b), and section 1624(b) is amended-- (1) by redesignating the items relating to sections 318 and 319 as relating to sections 319 and 320, respectively; and (2) by inserting after the item relating to section 317 the following new item: ``Sec. 318. Prohibiting States from restricting donations of food and beverages at polling stations.''. Subtitle I--Establishing Duty to Report Foreign Election Interference SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR DEMOCRACY. Congress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as ``shell companies,'' to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities. (2) The public release of the ``Panama Papers'' in 2016 and the ``Paradise Papers'' in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement. (3) Since the Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. (5) Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector. (6) Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anticorruption laws and regulations. SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS. (a) Initial Notice.-- (1) In general.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. ``(2) Individual obligation to notify.--Not later than 3 days after a reportable foreign contact-- ``(A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and ``(B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ``(3) Reportable foreign contact.--In this subsection: ``(A) In general.--The term `reportable foreign contact' means any direct or indirect contact or communication that-- ``(i) is between-- ``(I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and ``(II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and ``(ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves-- ``(I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or ``(II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election. ``(B) Exceptions.-- ``(i) Contacts in official capacity as elected official.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. ``(ii) Contacts for purposes of enabling observation of elections by international observers.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. ``(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements.--A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. ``(C) Covered foreign national defined.-- ``(i) In general.--In this paragraph, the term `covered foreign national' means-- ``(I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)) that is a government of a foreign country or a foreign political party; ``(II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or ``(III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I). ``(ii) Clarification regarding application to citizens of the united states.--In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause (I) of clause (i). ``(4) Immediate family member.--In this subsection, the term `immediate family member' means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information Included on Report.-- (1) In general.--Section 304(b) of such Act (52 U.S.C. 30104(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) for any reportable foreign contact (as defined in subsection (j)(3))-- ``(A) the date, time, and location of the contact; ``(B) the date and time of when a designated official of the committee was notified of the contact; ``(C) the identity of individuals involved; and ``(D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM. (a) In General.--Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection: ``(j) Reportable Foreign Contacts Compliance Policy.-- ``(1) Reporting.--Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. ``(2) Retention and preservation of records.--Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. ``(3) Certification.-- ``(A) In general.--Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that-- ``(i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); ``(ii) the committee has designated an official to monitor compliance with such policies; and ``(iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will-- ``(I) receive notice of such policies; ``(II) be informed of the prohibitions under section 319; and ``(III) sign a certification affirming their understanding of such policies and prohibitions. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after the date of the enactment of this Act. (2) Transition rule for existing committees.--Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). SEC. 3804. CRIMINAL PENALTIES. Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs: ``(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. ``(F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both.''. SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4902(a) of this Act). (b) Elements.--Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional Intelligence Committees Defined.--In this section, the term ``congressional intelligence committees'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). SEC. 3806. RULE OF CONSTRUCTION. Nothing in this subtitle or the amendments made by this subtitle shall be construed-- (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who-- (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter- Verifiable Permanent Paper Ballot SEC. 3901. SHORT TITLE. This subtitle may be cited as the ``Voter Confidence and Increased Accessibility Act of 2021''. SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS. (a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows: ``(2) Paper ballot requirement.-- ``(A) Voter-verifiable paper ballots.-- ``(i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter's vote selections that shall be marked by the voter and presented to the voter for verification before the voter's ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term `individual, durable, voter-verifiable paper ballot' means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates. ``(ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter- verifiable paper ballot is preserved in accordance with subparagraph (B). ``(iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote selections. ``(iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). ``(B) Preservation as official record.--The individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. ``(C) Manual counting requirements for recounts and audits.-- ``(i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. ``(ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. ``(D) Sense of congress.--It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility.''. (b) Conforming Amendment Clarifying Applicability of Alternative Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting ``(including the paper ballots required to be used under paragraph (2))'' after ``voting system''. (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended-- (1) in subparagraph (A)(i), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''; (2) in subparagraph (A)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''; (3) in subparagraph (A)(iii), by striking ``counted'' each place it appears and inserting ``counted, in accordance with paragraphs (2) and (3)''; and (4) in subparagraph (B)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''. SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--Paragraph (3) of section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as follows: ``(3) Accessibility for individuals with disabilities.-- ``(A) In general.--The voting system shall-- ``(i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; ``(ii)(I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and ``(II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and ``(iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). ``(B) Means of meeting requirements.--A voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by-- ``(i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; ``(ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; ``(iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or ``(iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. ``(C) Sufficient number.--For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the United States Access Board) and the Commission.''. (b) Specific Requirement of Study, Testing, and Development of Accessible Voting Options.-- (1) Study and reporting.--Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended-- (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: ``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS. ``(a) Grants to Study and Report.--The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop-- ``(1) accessible and secure remote voting systems; ``(2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or ``(3) both of the matters described in paragraph (1) and (2). ``(b) Eligibility.--An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing-- ``(1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and ``(2) such other information and certifications as the Commission may require. ``(c) Availability of Technology.--Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. ``(d) Coordination With Grants for Technology Improvements.--The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.''. (2) Clerical amendment.--The table of contents of such Act is amended-- (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: ``Sec. 247. Study and report on accessible voting options.''. (c) Clarification of Accessibility Standards Under Voluntary Voting System Guidance.--In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access.--Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; except that'' and all that follows and inserting a period. SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph: ``(7) Durability and readability requirements for ballots.-- ``(A) Durability requirements for paper ballots.-- ``(i) In general.--All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. ``(ii) Definition.--For purposes of this Act, paper is `durable' if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. ``(B) Readability requirements for paper ballots marked by ballot marking device.--All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities.''. SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN. (a) Study.--The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3914, is further amended by adding at the end the following new paragraphs: ``(8) Prohibition of use of wireless communications devices in systems or devices.--No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a polling place (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. ``(9) Prohibiting connection of system to the internet.--No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time.''. SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS. Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. ``(2) Special rule for certain requirements.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. ``(B) Special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020.-- ``(i) In general.--In the case of a jurisdiction described in clause (ii), the requirements of paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021) shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. ``(ii) Jurisdictions described.--A jurisdiction described in this clause is a jurisdiction-- ``(I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021), for the administration of the regularly scheduled general election for Federal office held in November 2020; and ``(II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. ``(iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems.-- ``(I) Requiring ballots to be offered and provided.--The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. ``(II) Treatment of ballot.--Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. ``(III) Posting of notice.--The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall comply with the requirements of section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503). ``(IV) Training of election officials.--The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. ``(V) Period of applicability.--The requirements of this clause apply only during the period beginning on January 1, 2022, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. ``(C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections.-- ``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2022' were a reference to `the applicable year', but only with respect to the following requirements of this section. ``(I) Paragraph (8) of subsection (a) (relating to prohibition of wireless communication devices) ``(II) Paragraph (9) of subsection (a) (relating to prohibition of connecting systems to the internet) ``(ii) Jurisdictions described.--A jurisdiction described in this clause is a jurisdiction-- ``(I) which used a voting system which is not in compliance with paragraphs (8) or (9) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021) for the administration of the regularly scheduled general election for Federal office held in November 2020; ``(II) which was not able, to all extent practicable, to comply with paragraph (8) and (9) of subsection (a) before January 1, 2022; and ``(III) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. ``(iii) Applicable year.-- ``(I) In general.--Except as provided in subclause (II), the term `applicable year' means 2026. ``(II) Extension.--If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term `applicable year' means 2030.''. SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. (a) Availability of Grants.-- (1) In general.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 1302(c), is amended by adding at the end the following new part: ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS ``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. ``(a) Availability and Use of Grant.-- ``(1) In general.--The Commission shall make a grant to each eligible State-- ``(A) to replace a voting system-- ``(i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 with a voting system which-- ``(I) does meet such requirements; and ``(II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or ``(ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; ``(B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office; ``(C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and ``(D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. ``(2) Definition of grandfathered voting system.--In this subsection, the term `grandfathered voting system' means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). ``(b) Amount of Payment.-- ``(1) In general.--The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). ``(2) Minimum payment amount.--The minimum payment amount described in this paragraph is-- ``(A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and ``(B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). ``(5) Requirement relating to purchase of accessible voting systems.--An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). ``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED. ``(a) Permitted Uses.--A voting system security improvement described in this section is any of the following: ``(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. ``(2) Cyber and risk mitigation training. ``(3) A security risk and vulnerability assessment of the State's election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2021) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. ``(4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. ``(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure (as so defined) or designates as critical to the operation of the State's election infrastructure (as so defined). ``(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). ``(7) Enhancing the cybersecurity of voter registration systems. ``(b) Qualified Election Infrastructure Vendors Described.--For purposes of this part, a `qualified election infrastructure vendor' is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2021) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act. ``SEC. 298B. ELIGIBILITY OF STATES. ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a description of how the State will use the grant to carry out the activities authorized under this part; ``(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and ``(3) such other information and assurances as the Commission may require. ``SEC. 298C. REPORTS TO CONGRESS. ``Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. ``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated for grants under this part-- ``(1) $2,400,000,000 for fiscal year 2021; and ``(2) $175,000,000 for each of the fiscal years 2022, 2024, 2026, and 2028. ``(b) Continuing Availability of Amounts.--Any amounts appropriated pursuant to the authorization of this section shall remain available until expended.''. (2) Clerical amendment.--The table of contents of such Act, as amended by section 1402(c), is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements ``Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. ``Sec. 298A. Voting system security improvements described. ``Sec. 298B. Eligibility of States. ``Sec. 298C. Reports to Congress. ``Sec. 298D. Authorization of appropriations. (b) Qualified Election Infrastructure Vendors.-- (1) In general.--The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria.--The criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall-- (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 8, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (3) Cybersecurity incident reporting requirements.-- (A) In general.--A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)-- (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications.--Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting.--Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). (4) Definitions.--In this subsection: (A) Chair.--The term ``Chair'' means the Chair of the Election Assistance Commission. (B) Chief state election official.--The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (C) Election agency.--The term ``election agency'' means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (D) Election infrastructure.--The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (E) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (F) State.--The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). Subtitle K--Provisional Ballots SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS. (a) In General.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is amended-- (1) by redesignating subsection (e) as subsection (h); and (2) by inserting after subsection (d) the following new subsections: ``(e) Counting of Provisional Ballots.-- ``(1) In general.--For purposes of subsection (a)(4), if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county, the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. ``(2) Rule of construction.--Nothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote. ``(3) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022. ``(f) Uniform and Nondiscriminatory Standards.-- ``(1) In general.--Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022. ``(g) Additional Conditions Prohibited.--If an individual in a State is eligible to cast a provisional ballot as provided under this section, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot.''. (b) Conforming Amendment.--Section 302(h) of such Act (52 U.S.C. 21082(g)), as amended by section 1601(a) and redesignated by subsection (a), is amended by striking ``subsection (d)(4)'' and inserting ``subsections (d)(4), (e)(3), and (f)(2)''. TITLE IV--VOTING SYSTEM SECURITY SEC. 4001. POST-ELECTION AUDIT REQUIREMENT. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3601, is amended by inserting after section 303A the following new section: ``SEC. 303B. POST-ELECTION AUDITS. ``(a) Definitions.--In this section: ``(1) Post-election audit.--Except as provided in subsection (c)(1)(B), the term `post-election audit' means, with respect to any election contest, a post-election process that-- ``(A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; ``(B) will not change the outcome if the reported outcome is the correct outcome; and ``(C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. ``(2) Reported outcome; correct outcome; outcome.-- ``(A) Reported outcome.--The term `reported outcome' means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. ``(B) Correct outcome.--The term `correct outcome' means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. ``(C) Outcome.--The term `outcome' means the winner or set of winners of an election contest. ``(3) Manual adjudication of voter intent.--The term `manual adjudication of voter intent' means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. ``(4) Ballot manifest.--The term `ballot manifest' means a record maintained by each jurisdiction that-- ``(A) is created without reliance on any part of the voting system used to tabulate votes; ``(B) functions as a sampling frame for conducting a post-election audit; and ``(C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. ``(b) Requirements.-- ``(1) In general.-- ``(A) Audits.-- ``(i) In general.--Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). ``(ii) Exception.--Clause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. ``(B) Full manual tabulation.--If a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. ``(2) Audit requirements.-- ``(A) Rules and procedures.-- ``(i) In general.--Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. ``(ii) Matters included.--The rules and procedures established under clause (i) shall include the following: ``(I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. ``(II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. ``(III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. ``(IV) Methods to ensure that any cast vote records used in a post- election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. ``(V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. ``(VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. ``(VII) Rules and procedures for testing any software used to conduct post-election audits. ``(B) Public report.-- ``(i) In general.--After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. ``(ii) Format of data.--All data published with the report under clause (i) shall be published in machine-readable, open data formats. ``(iii) Protection of anonymity of votes.-- Information and data published by the State under this subparagraph shall not compromise the anonymity of votes. ``(iv) Report made available by commission.--After receiving any report submitted under clause (i), the Commission shall make such report available on its website. ``(3) Effective date; waiver.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2032 and for each subsequent election for Federal office. ``(B) Waiver.--Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2032, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2032' were a reference to `2034'. ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ``(c) Phased Implementation.-- ``(1) Post-election audits.-- ``(A) In general.--For the regularly scheduled elections for Federal office occurring in 2024 and 2026, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. ``(B) Post-election audit defined.--In this subsection, the term `post-election audit' means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. ``(2) Post-election audits for select contests.--Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2028 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2032, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. ``(3) States that administer post-election audits for all contests.--A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b).''. (b) Clerical Amendment.--The table of contents for such Act, as amended by section 3601, is amended by inserting after the item relating to section 303A the following new item: ``Sec. 303B. Post-election audits.''. (c) Study on Post-election Audit Best Practices.-- (1) In general.--The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee.--The Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of-- (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection. SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION. Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election infrastructure'' before the period at the end. SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND REMOTE BALLOT MARKING SYSTEMS. (a) Inclusion Under Voluntary Voting System Guidelines.--Section 222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended-- (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: ``(a) Voluntary Voting System Guidelines.--The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems.''; and (3) by adding at the end the following new subsections: ``(g) Initial Guidelines for Electronic Poll Books and Remote Ballot Marking Systems.-- ``(1) Adoption date.--The Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems by January 1, 2022. ``(2) Special rule for initial guidelines.--The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. ``(h) Definitions.--In this section: ``(1) Voting system defined.--The term `voting system' has the same meaning given that term in section 301. ``(2) Electronic poll book defined.--The term `electronic poll book' means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used-- ``(A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and ``(B) to identify registered voters who are eligible to vote in an election. ``(3) Remote ballot marking system defined.--The term `remote ballot marking system' means an election system that-- ``(A) is used by a voter to mark their ballots outside of a voting center or polling place; and ``(B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location.''. (b) Providing for Certification of Electronic Poll Books and Remote Ballot Marking System.--Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and (2), by inserting ``, electronic poll books, and remote ballot marking systems'' after ``software''. SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. (a) Requiring States to Submit Reports.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section: ``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. ``(a) Requiring States to Submit Reports.--Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. ``(b) Effective Date.--Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: ``Sec. 301A. Pre-election reports on voting system usage.''. SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES. (a) Requirement.--Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3904 and section 3906, is further amended by adding at the end the following new paragraph: ``(10) Voting machine requirements.-- ``(A) Manufacturing requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. ``(B) Assembly requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. ``(C) Software and code requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States.''. (b) Conforming Amendment Relating to Effective Date.--Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 3907, is amended by striking ``paragraph (2)'' and inserting ``subsection (a)(10) and paragraph (2)''. SEC. 4006. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT TITLE V--NONPARTISAN REDISTRICTING REFORM SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY. Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; (2) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number; (3) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (4) of the authority granted to Congress to enforce article IV, section 4, of the Constitution, and the guarantee of a Republican Form of Government to every State, which Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; and (5) requiring States to use uniform redistricting criteria is an appropriate and important exercise of such authority. SEC. 5002. BAN ON MID-DECADE REDISTRICTING. A State that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the terms or conditions of this title, or applicable State law. SEC. 5003. CRITERIA FOR REDISTRICTING. (a) Requiring Plans to Meet Criteria.--A State may not use a congressional redistricting plan which is not in compliance with this section. (b) Ranked Criteria.--Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), including by creating any districts where, if based upon the totality of the circumstances, 2 or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3)(A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district's citizen voting age population. (B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. (ii) Whether there is racially polarized voting in the relevant geographic region. (iii) If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice. (4)(A) Districts shall be drawn to represent communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates. (B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community's inclusion in a single congressional district. (c) No Favoring or Disfavoring of Political Parties.-- (1) Prohibition.--A State may not use a redistricting plan to conduct an election that, when considered on a statewide basis, has been drawn with the intent or has the effect of materially favoring or disfavoring any political party. (2) Determination of effect.--The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. (B) An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions. (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (3) Rebuttable presumption.-- (A) Trigger.--In any civil action brought under section 5006 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. (B) Assessment.--To conduct the assessment required under subparagraph (A), the court shall do the following: (i) Determine the number of congressional districts under the plan that would have been carried by each political party's candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party's candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party. (ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party's candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of 7 percent or one congressional district, whichever is greater, as determined by standard quantitative measures of partisan fairness that relate a party's share of the statewide vote to that party's share of seats. (C) Presumption of violation.--A plan is presumed to violate paragraph (1) if it exceeds the threshold described in clause (ii) of subparagraph (B) with respect to 2 or more of the 4 elections assessed under such subparagraph. (D) Stay of use of plan.--Notwithstanding any other provision of this title, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State's use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (C) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (E) No effect on other assessments.--The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect of the plan under paragraph (2). (4) Determination of intent.--A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria.--No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party. (d) Factors Prohibited From Consideration.--In developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 5004(c): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (e) Additional Criteria.--A State may not rely upon criteria not set forth in this section to justify non-compliance with the requirements of this section. (f) Applicability.-- (1) In general.--This section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. (2) Date of enactment.--This section applies to any congressional redistricting plan that would be, or is, in effect after the date of enactment of this Act, regardless of the date of enactment by the State of the congressional redistricting plan. (g) Severability of Criteria.--If any of the criteria set forth in this section, or the application of such criteria to any person or circumstance, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person or circumstance, shall not be affected by the holding. SEC. 5004. DEVELOPMENT OF PLAN. (a) Public Notice and Input.-- (1) Use of open and transparent process.--The entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website.-- (A) Features.--The entity shall maintain a public Internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). (ii) All comments received from the public submitted under paragraph (1). (iii) Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts. (iv) A method by which members of the public may submit comments directly to the entity. (B) Searchable format.--The entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (3) Multiple language requirements for all notices.--The entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503). (b) Development of Plan.-- (1) Hearings.--The entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall-- (A) be held in different regions of the State and streamed live on the public Internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. (2) Posting of maps.--The entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this title available for public review, including on the public Internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan. (c) Written Evaluation of Plan Against External Metrics.--The entity responsible for developing and adopting the congressional redistricting plan for a State shall include with each redistricting plan voted upon by such entity, or a committee of such entity, and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 5003(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c). (d) Public Input and Comments.--The entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the Internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan. SEC. 5005. FAILURE BY STATE TO ENACT PLAN. (a) Deadline for Enactment of Plan.--Each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of-- (1) the deadline set forth in State law; (2) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (3) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. (b) Development of Plan by Court in Case of Missed Deadline.--If a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears likely that a State will fail to enact a final congressional redistricting plan by such deadline-- (1) any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction; (2) the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and (3) the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e). (c) Applicable Venue.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). (d) Procedures for Development of Plan.-- (1) Criteria.--In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003. (2) Access to information and records.--The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this title. (3) Hearing; public participation.--In developing a redistricting plan for a State, the court shall-- (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master.--To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (e) Publication of Plan.-- (1) Public availability of initial plan.--Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5004(c)). (2) Publication of final plan.--At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (f) Use of Interim Plan.--In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (g) Appeals.--Review on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 5006. (h) Stay of State Proceedings.--The filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State's congressional redistricting plan unless otherwise ordered by the court. SEC. 5006. CIVIL ENFORCEMENT. (a) Civil Enforcement.-- (1) Actions by attorney general.--The Attorney General may bring a civil action for such relief as may be appropriate to carry out this title. (2) Availability of private right of action.--Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this title, with respect to the State's congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (3) Delivery of complaint to house and senate.--In any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue.--The district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this title. The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action, except that the applicable venue for a civil action that includes a claim that a redistricting plan is in violation of section 5003(c) shall be the District of Columbia. (5) Use of 3-judge court.--If an action under this section raises statewide claims under the Constitution or this title, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision.--A final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari. (b) Expedited Consideration.--In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies.-- (1) Adoption of replacement plan.-- (A) In general.--If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this title-- (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 5005; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this title, except that-- (I) the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 5003(b); and (II) nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court. (B) Prohibiting use of plans in violation of requirements.--No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title. (C) Special rule in case final adjudication not expected within 3 months of election.--If final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall, as the balance of equities warrant-- (i) develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 5005(f) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; and (ii) order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (2) No stay pending appeal.--Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. (3) Special authority of court of appeals.-- (A) Ordering of new remedial plan.--If, upon consideration of an appeal under this title, the Court of Appeals determines that a plan does not comply with the requirements of this title, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals. (B) Failure of district court to take timely action.--If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. (4) Effect of enactment of replacement plan.--A State's enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) based on the plan which is the subject of the action. (d) Attorney's Fees.--In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws.-- (1) Rights and remedies additional to other rights and remedies.--The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) Voting rights act of 1965.--Nothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (f) Legislative Privilege.--No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this title. (g) Removal.-- (1) In general.--At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this title may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction.--If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed. SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this title or in any amendment made by this title may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 5008. EFFECTIVE DATE. (a) In General.--This title and the amendments made by this title shall apply on the date of enactment of this title. (b) Application to Apportionment Resulting From 2020 Decennial Census.--Notwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act. TITLE VI--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--DISCLOSE Act SEC. 6001. SHORT TITLE. This subtitle may be cited as the ``Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021'' or the ``DISCLOSE Act of 2021''. PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN ELECTIONS SEC. 6002. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN DISBURSEMENTS AND ACTIVITIES. Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (2) by striking ``As used in this section, the term'' and inserting the following: ``Definitions.--For purposes of this section-- ``(1) Foreign national.--The term''; (3) by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and (4) by adding at the end the following new paragraph: ``(2) Contribution and donation.--For purposes of paragraphs (1) and (2) of subsection (a), the term `contribution or donation' includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)).''. SEC. 6003. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL ELECTIONS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section: ``SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(a) Audit.-- ``(1) In general.--The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle. ``(2) Procedures.--In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. ``(b) Report.--Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing-- ``(1) results of the audit required by subsection (a)(1); ``(2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; ``(3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; ``(4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and ``(5) recommendations to address the presence of illicit foreign money in elections, as appropriate. ``(c) Definitions.--As used in this section: ``(1) The term `Federal election cycle' means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. ``(2) The term `illicit foreign money' means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. SEC. 6004. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND REFERENDA. (a) In General.--Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by section 6002, is amended by adding at the end the following new paragraph: ``(3) Federal, state, or local election.--The term `Federal, State, or local election' includes a State or local ballot initiative or referendum, but only in the case of-- ``(A) a covered foreign national described in section 304(j)(3)(C); ``(B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a foreign principal under such Act.''. (b) Effective Date.--The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year. SEC. 6005. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN. (a) Disbursements Described.--Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: ``(C) an expenditure; ``(D) an independent expenditure; ``(E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); ``(F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; ``(G) a disbursement by a covered foreign national described in section 304(j)(3)(C) for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); ``(H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C); ``(I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or ``(J) a disbursement by a covered foreign national described in section 304(j)(3)(C) for a Federal judicial nomination communication (as defined in section 324(g)(2));''. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. SEC. 6006. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS. (a) Prohibition.--Chapter 29 of title 18, United States Code, as amended by section 2001(a) and section 3101(a), is amended by adding at the end the following: ``Sec. 614. Establishment of corporation to conceal election contributions and donations by foreign nationals ``(a) Offense.--It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319. ``(b) Penalty.--Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.''. (b) Table of Sections.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 2001(b) and section 3101(b), is amended by inserting after the item relating to section 612 the following: ``614. Establishment of corporation to conceal election contributions and donations by foreign nationals.''. PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS. (a) In General.--Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows: ``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED ORGANIZATIONS. ``(a) Disclosure Statement.-- ``(1) In general.--Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)-- ``(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and ``(B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. ``(2) Information described.--The information described in this paragraph is as follows: ``(A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that-- ``(i) identifies each beneficial owner by name and current residential or business street address; and ``(ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. ``(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. ``(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. ``(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. ``(E)(i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account-- ``(I) the name and address of each person who made such payment during the period covered by the statement; ``(II) the date and amount of such payment; and ``(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be calendar year 2022. ``(F)(i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization-- ``(I) the name and address of each person who made such payment during the period covered by the statement; ``(II) the date and amount of such payment; and ``(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be calendar year 2022. ``(G) Such other information as required in rules established by the Commission to promote the purposes of this section. ``(3) Exceptions.-- ``(A) Amounts received in ordinary course of business.--The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. ``(B) Donor restriction on use of funds.--The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if-- ``(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign- related disbursements; and ``(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. ``(C) Threat of harassment or reprisal.--The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. ``(4) Other definitions.--For purposes of this section: ``(A) Beneficial owner defined.-- ``(i) In general.--Except as provided in clause (ii), the term `beneficial owner' means, with respect to any entity, a natural person who, directly or indirectly-- ``(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or ``(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. ``(ii) Exceptions.--The term `beneficial owner' shall not include-- ``(I) a minor child; ``(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; ``(III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; ``(IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or ``(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). ``(iii) Anti-abuse rule.--The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). ``(B) Disclosure date.--The term `disclosure date' means-- ``(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and ``(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. ``(C) Election reporting cycle.--The term `election reporting cycle' means the 2-year period beginning on the date of the most recent general election for Federal office. ``(D) Payment.--The term `payment' includes any contribution, donation, transfer, payment of dues, or other payment. ``(b) Coordination With Other Provisions.-- ``(1) Other reports filed with the commission.--Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. ``(2) Treatment as separate segregated fund.--A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. ``(c) Filing.--Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. ``(d) Campaign-Related Disbursement Defined.-- ``(1) In general.--In this section, the term `campaign- related disbursement' means a disbursement by a covered organization for any of the following: ``(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. ``(B) An applicable public communication. ``(C) An electioneering communication, as defined in section 304(f)(3). ``(D) A covered transfer. ``(2) Applicable public communications.-- ``(A) In general.--The term `applicable public communication' means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(3) Intent not required.--A disbursement for an item described in subparagraph (A), (B), (C) or (D) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. ``(e) Covered Organization Defined.--In this section, the term `covered organization' means any of the following: ``(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). ``(4) A labor organization (as defined in section 316(b)). ``(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). ``(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. ``(f) Covered Transfer Defined.-- ``(1) In general.--In this section, the term `covered transfer' means any transfer or payment of funds by a covered organization to another person if the covered organization-- ``(A) designates, requests, or suggests that the amounts be used for-- ``(i) campaign-related disbursements (other than covered transfers); or ``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; ``(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for-- ``(i) the making of or paying for campaign- related disbursements (other than covered transfers); or ``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; ``(C) engaged in discussions with the recipient of the transfer or payment regarding-- ``(i) the making of or paying for campaign- related disbursements (other than covered transfers); or ``(ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or ``(D) knew or had reason to know that the person receiving the transfer or payment would make campaign- related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. ``(2) Exclusions.--The term `covered transfer' does not include any of the following: ``(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. ``(B) A disbursement made by a covered organization if-- ``(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and ``(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. ``(3) Special rule regarding transfers among affiliates.-- ``(A) Special rule.--A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. ``(B) Determination of amount of certain payments among affiliates.--In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. ``(C) Description of transfers between affiliates.--A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- ``(i) one of the organizations is an affiliate of the other organization; or ``(ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign- related disbursements. ``(D) Determination of affiliate status.--For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if-- ``(i) the governing instrument of the organization requires it to be bound by decisions of the other organization; ``(ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or ``(iii) the organization is chartered by the other organization. ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. ``(g) No Effect on Other Reporting Requirements.--Except as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.''. (b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking ``Any requirement'' and inserting ``Except as provided in section 324(b), any requirement''. (c) Regulations.--Not later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by paragraph (1)). Such regulations-- (1) shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by paragraph (1)), and (2) shall be consistent with the principles applied in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS. (a) Findings.--Congress makes the following findings: (1) A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. As the Supreme Court held in Caperton v. Massey, ``there is a serious risk of actual bias--based on objective and reasonable perceptions--when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case.'' ( Caperton v. A. T. Massey Coal Co., 556 U.S. 868, 884 (2009)). (2) Public trust in government is at a historic low. According to polling, most Americans believe that corporations have too much power and influence in politics and the courts. (3) The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. Dark money is funding for organizations and political activities that cannot be traced to actual donors. It is made possible by loopholes in our tax laws and regulations, weak oversight by the Internal Revenue Service, and donor-friendly court decisions. (4) Under current law, ``social welfare'' organizations and business leagues can use funds to influence elections so long as political activity is not their ``primary'' activity. Super PACs can accept and spend unlimited contributions from any non- foreign source. These groups can spend tens of millions of dollars on political activities, all without disclosing a single donor. Such dark money groups spent an estimated $1,050,000,000 in the 2020 election cycle. (5) Dark money is used to shape judicial decision-making. This can take many forms, akin to agency capture: influencing judicial selection by controlling who gets nominated and funding candidate advertisements; creating public relations campaigns aimed at mobilizing the judiciary around particular issues; and drafting law review articles, amicus briefs, and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt. (6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016. (7) Anonymous money spent on judicial nominations is not subject to any disclosure requirements. Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. Without more disclosure, the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts. (8) Congress and the American people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the Federal bench. (b) Reporting.--Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126), as amended by section 6011, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Application to Federal Judicial Nominations.-- ``(1) In general.--For purposes of this section-- ``(A) a disbursement by a covered organization for a Federal judicial nomination communication shall be treated as a campaign-related disbursement; and ``(B) in the case of campaign-related disbursements which are for Federal judicial nomination communications-- ``(i) the dollar amounts in paragraphs (1) and (2) of subsection (a) shall be applied separately with respect to such disbursements and other campaign-related disbursements; ``(ii) the election reporting cycle shall be the calendar year in which the disbursement for the Federal judicial nomination communication is made; ``(iii) references to a candidate in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) shall be treated as references to a nominee for a Federal judge or justice; ``(iv) the reference to an election in subsection (a)(2)(C) shall be treated as a reference to the nomination of such nominee. ``(2) Federal judicial nomination communication.-- ``(A) In general.--The term `Federal judicial nomination communication' means any communication-- ``(i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and ``(ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(C) Intent not required.--A disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement.''. SEC. 6013. COORDINATION WITH FINCEN. (a) In General.--The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this part. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED TRANSFERS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 6002, is amended-- (1) by striking ``includes any disbursement'' and inserting ``includes-- ``(A) any disbursement''; (2) by striking the period at the end and inserting ``; and'', and (3) by adding at the end the following new subparagraph: ``(B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement.''. SEC. 6015. EFFECTIVE DATE. The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. PART 3--OTHER ADMINISTRATIVE REFORMS SEC. 6021. PETITION FOR CERTIORARI. Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS. (a) In General.--Title IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section: ``SEC. 407. JUDICIAL REVIEW. ``(a) In General.--If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: ``(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. ``(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. ``(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. ``(b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). ``(c) Intervention by Members of Congress.--In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. ``(d) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''. (b) Conforming Amendments.-- (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 9011. JUDICIAL REVIEW. ``For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 9041. JUDICIAL REVIEW. ``For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. (3) Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed. (c) Effective Date.--The amendments made by this section shall apply to actions brought on or after January 1, 2021. Subtitle B--Honest Ads SEC. 6101. SHORT TITLE. This subtitle may be cited as the ``Honest Ads Act''. SEC. 6102. PURPOSE. The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court's well-established standard that the electorate bears the right to be fully informed. SEC. 6103. FINDINGS. Congress makes the following findings: (1) In 2002, the Bipartisan Campaign Reform Act of 2002 (Public Law 107-155) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements ``provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking.'' The Court reaffirmed this conclusion in 2010 by an 8-1 vote. (2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. (3) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (4) Effective and complete transparency for voters must include information about the true and original source of money given, transferred, and spent on political advertisements made online. (5) Campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests, including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable, detecting and deterring quid pro quo corruption, and identifying information necessary to enforce other campaign finance laws, including campaign contribution limits and the prohibition on foreign money in United States campaigns. To further these substantial interests, campaign finance disclosure must be timely and complete, and must disclose the true and original source of money given, transferred, and spent to influence Federal elections. (6) As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo, 424 U.S. 1 (1976), ``disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist.'' Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court reiterated that ``disclosure is a less restrictive alternative to more comprehensive regulations of speech.'' 558 U.S. 310, 369 (2010). (7) No subsequent decision has called these holdings into question, including the Court's decision in Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That case did not involve campaign finance disclosure, and the Court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure. (8) Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. Requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws, including the prohibition on foreign money in domestic campaigns. (9) The reach of a few large internet platforms--larger than any broadcast, satellite, or cable provider--has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 American users--over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers. And the most-watched television broadcast in United States history had 118,000,000 viewers. (10) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (11) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans--representing 68 percent of all Americans--use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (12) Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. (13) Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns--even those that rely on large amounts of unpaid content--because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts. (14) In testimony before the Senate Select Committee on Intelligence titled, ``Disinformation: A Primer in Russian Active Measures and Influence Campaigns'', multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide ``platform[s] practically purpose-built for active measures[.]'' Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War ``if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras.''. (15) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians ``exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment *** as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders.''. (16) On January 6, 2017, the Office of the Director of National Intelligence published a report titled ``Assessing Russian Activities and Intentions in Recent U.S. Elections'', noting that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election * * *''. Moscow's influence campaign followed a Russian messaging strategy that blends covert intelligence operation--such as cyber activity--with overt efforts by Russian Government agencies, state-funded media, third-party intermediaries, and paid social media users or ``trolls''. (17) On September 6, 2017, the nation's largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro- Kremlin organization. According to the company, the ads purchased focused ``on amplifying divisive social and political messages ***''. (18) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election's 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (19) 2018 reporting by the Washington Post estimated that paid Russian ads received more than 37,000,000 impressions in 2016 and 2017. (20) A 2019 Senate Select Committee on Intelligence's Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia's Use of Social Media with Additional Views, the Committee recommended ``that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference.''. (21) A 2020 study by researchers at New York University found undisclosed political advertisement purchases on a large social media platform by a Chinese state media company in violation of that platform's supposed prohibitions on foreign spending on ads of social, national, or electoral importance. (22) The same study also found that ``there are persistent issues with advertisers failing to disclose political ads'' and that in one social media platform's political ad archive, 68,879 pages (54.6 percent of pages with political ads included in the archive) never provided a disclosure. Overall, there were 357,099 ads run on that platforms without a disclosure, accounting for at least $37,000,000 in spending on political ads. (23) A 2020 report by the bipartisan and bicameral U.S. Cyberspace Solarium Commission found that ``Although foreign nationals are banned from contributing to U.S. political campaigns, they are still allowed to purchase U.S. political advertisements online, making the internet a fertile environment for conducting a malign influence campaign to undermine American elections.'' The Commission concluded that Russian interference in the 2016 election was and still is possible, ``because the FECA, which establishes rules for transparency in television, radio, and print media political advertising, has not been amended to extend the same political advertising requirements to internet platforms,'' and that ``[a]pplying these standards across all media of communication would, among other things, increase transparency of funding for political advertisements, which would in turn strengthen regulators' ability to reduce improper foreign influence in our elections.'' (24) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: ``Throughout the election cycle, Russia's online influence actors sought to affect U.S. public perceptions of the candidates, as well as advance Moscow's longstanding goals of undermining confidence in US election processes and increasing sociopolitical divisions among the American people.'' The report also determined that Iran sought to influence the election by ``creating and amplifying social media content that criticized [candidates].'' (25) According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad-buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms. (26) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People's Republic of China. An April 2021 Wall Street Journal report noted that the Chinese government and Chinese state-owned enterprises are major purchasers of ads on the U.S.'s largest social media platform, including to advance Chinese propaganda. (27) Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. (28) The Federal Election Commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public's right to be fully informed about political advertisements made online. SEC. 6104. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION. (a) In General.--Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ``or satellite communication'' and inserting ``satellite, paid internet, or paid digital communication''. (b) Treatment of Contributions and Expenditures.--Section 301 of such Act (52 U.S.C. 30101) is amended-- (1) in paragraph (8)(B)(v), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''; and (2) in paragraph (9)(B)-- (A) by amending clause (i) to read as follows: ``(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''; and (B) in clause (iv), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''. (c) Disclosure and Disclaimer Statements.--Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended-- (1) by striking ``financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``financing any public communication''; and (2) by striking ``solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``solicits any contribution through any public communication''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). (e) Regulation.--Not later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971(52 U.S.C. 30101(22)), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication. SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION. (a) Expansion to Online Communications.-- (1) Application to qualified internet and digital communications.-- (A) In general.--Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or satellite communication'' each place it appears in clauses (i) and (ii) and inserting ``satellite, or qualified internet or digital communication''. (B) Qualified internet or digital communication.-- Paragraph (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the end the following new subparagraph: ``(D) Qualified internet or digital communication.--The term `qualified internet or digital communication' means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).''. (2) Nonapplication of relevant electorate to online communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any broadcast, cable, or satellite'' before ``communication''. (3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows: ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''. (b) Effective Date.--The amendments made by this section shall apply with respect to communications made on or after January 1, 2022 and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS. (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended-- (1) by striking ``shall clearly state'' each place it appears in paragraphs (1), (2), and (3) and inserting ``shall state in a clear and conspicuous manner''; and (2) by adding at the end the following flush sentence: ``For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.''. (b) Special Rules for Qualified Internet or Digital Communications.-- (1) In general.--Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection: ``(e) Special Rules for Qualified Internet or Digital Communications.-- ``(1) Special rules with respect to statements.--In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner-- ``(A) state the name of the person who paid for the communication; and ``(B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. ``(2) Safe harbor for determining clear and conspicuous manner.--A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: ``(A) Text or graphic communications.--In the case of a text or graphic communication, the statement-- ``(i) appears in letters at least as large as the majority of the text in the communication; and ``(ii) meets the requirements of paragraphs (2) and (3) of subsection (c). ``(B) Audio communications.--In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. ``(C) Video communications.--In the case of a video communication which also includes audio, the statement-- ``(i) is included at either the beginning or the end of the communication; and ``(ii) is made both in-- ``(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and ``(II) an audible format that meets the requirements of subparagraph (B). ``(D) Other communications.--In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).''. (2) Nonapplication of certain exceptions.--The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of Additional Requirements for Certain Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``which is transmitted through radio'' and inserting ``which is in an audio format''; and (B) by striking ``By radio'' in the heading and inserting ``Audio format''; (2) in paragraph (1)(B)-- (A) by striking ``which is transmitted through television'' and inserting ``which is in video format''; and (B) by striking ``By television'' in the heading and inserting ``Video format''; and (3) in paragraph (2)-- (A) by striking ``transmitted through radio or television'' and inserting ``made in audio or video format''; and (B) by striking ``through television'' in the second sentence and inserting ``in video format''. (d) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 3802, is amended by adding at the end the following new subsection: ``(k) Disclosure of Certain Online Advertisements.-- ``(1) In general.-- ``(A) Requirements for online platforms.-- ``(i) In general.--An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. ``(ii) Requirement relating to political ads sold by third party advertising vendors.-- An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. ``(B) Requirements for advertisers.--Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). ``(2) Contents of record.--A record maintained under paragraph (1)(A) shall contain-- ``(A) a digital copy of the qualified political advertisement; ``(B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and ``(C) information regarding-- ``(i) the total cost of the advertisement; ``(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); ``(iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ``(3) Online platform.-- ``(A) In general.--For purposes of this subsection, subject to subparagraph (B), the term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which-- ``(i)(I) sells qualified political advertisements; and ``(II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or ``(ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). ``(B) Exemption.--Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. ``(C) Third-party advertising vendor defined.--For purposes of this subsection, the term `third-party advertising vendor' includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. ``(4) Qualified political advertisement.--For purposes of this subsection, the term `qualified political advertisement' means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that-- ``(A) is made by or on behalf of a candidate; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(5) Time to maintain file.--The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. ``(6) Special rule.--For purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient's name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. ``(7) Penalties.--For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (c). (c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules-- (1) requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (d) Reporting.--Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on-- (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE ADVERTISING. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by adding at the end the following new subsection: ``(c) Responsibilities of Broadcast Stations, Providers of Cable and Satellite Television, and Online Platforms.-- ``(1) In general.--Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. ``(2) Regulations.-- Not later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1).''. SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 3802 and section 6108(a), is amended by adding at the end the following new subsection: ``(l) Ensuring Display and Sharing of Sponsor Identification in Online Political Advertisements.-- ``(1) Requirement.--An online platform displaying a qualified political advertisement shall-- ``(A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and ``(B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. ``(2) Definitions.--In this subsection-- ``(A) the term `online platform' has the meaning given such term in subsection (k)(3); and ``(B) the term ``qualified political advertisement' has the meaning given such term in subsection (k)(4).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120-day period which begins on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. Subtitle C--Spotlight Act SEC. 6201. SHORT TITLE. This subtitle may be cited as the ``Spotlight Act''. SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL RETURNS OF CERTAIN ORGANIZATIONS. (a) Repeal of Regulations.--The final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect. (b) Inclusion of Contributor Information.-- (1) Social welfare organizations.--Section 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting ``(5),'' after ``paragraphs''. (2) Labor organizations and business leagues.--Section 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Additional Requirements for Organizations Described in Subsections (c)(5) and (c)(6) of Section 501.--Every organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5).''. (3) Effective date.--The amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this Act. (c) Modification to Discretionary Exceptions.--Section 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Discretionary exceptions.-- ``(i) In general.--Paragraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. ``(ii) Recommendations for other exceptions.--The Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose.''. TITLE VII--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Stopping Super PAC-Candidate Coordination SEC. 7001. SHORT TITLE. This subtitle may be cited as the ``Stop Super PAC-Candidate Coordination Act''. SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: ``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES. ``(a) Coordinated Expenditures.-- ``(1) In general.--For purposes of section 301(8)(A)(iii), the term `coordinated expenditure' means-- ``(A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or ``(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). ``(2) Exception for payments for certain communications.--A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if-- ``(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. ``(2) No finding of coordination based solely on sharing of information regarding legislative or policy position.--For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate's or committee's campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ``(c) Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments made in cooperation, consultation, or concert with candidates.--For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. ``(2) Coordinated spender defined.--For purposes of this subsection, the term `coordinated spender' means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: ``(A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. ``(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). ``(C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. ``(d) Covered Communication Defined.-- ``(1) In general.--For purposes of this section, the term `covered communication' means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which-- ``(A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); ``(B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or ``(C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. ``(2) Applicable election period.--In paragraph (1)(C), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or ``(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(e) Penalty.-- ``(1) Determination of amount.--Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- ``(A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or ``(B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. ``(2) Joint and several liability.--Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission's action, whichever is later.''. (c) Effective Date.-- (1) Repeal of existing regulations on coordination.-- Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act-- (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth under the heading ``Coordination'' in subpart C of part 109 of title 11, Code of Federal Regulations) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. SEC. 7003. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. (a) In General.--Section 323(e)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2022. Subtitle B--Restoring Integrity to America's Elections SEC. 7101. SHORT TITLE. This subtitle may be cited as the ``Restoring Integrity to America's Elections Act''. SEC. 7102. REVISION TO ENFORCEMENT PROCESS. (a) Standard for Initiating Investigations and Determining Whether Violations Have Occurred.-- (1) Revision of standards.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2)(A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel's determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel's determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. ``(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. ``(3)(A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. ``(B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. ``(C) Upon the expiration of the 30-day period which begins on the date the general counsel submits the determination to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), upon the expiration of the 30-day period which begins on the date the general counsel submits the respondent's brief to the Commission under such subparagraph), the general counsel's determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel's determination. If the determination by the general counsel that there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence, for purposes of this subsection, the Commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation.''. (2) Conforming amendment relating to initial response to filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended-- (A) in the third sentence, by striking ``the Commission'' and inserting ``the general counsel''; and (B) by amending the fourth sentence to read as follows: ``Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.''. (b) Revision of Standard for Review of Dismissal of Complaints.-- (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as follows: ``(8)(A)(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. ``(B)(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency's failure to act on the complaint is contrary to law. ``(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.''. (2) Effective date.--The amendments made by paragraph (1) shall apply-- (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into account the amendments made by this section. SEC. 7103. ACTING GENERAL COUNSEL. Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end the following new sentence: ``In the event of a vacancy in the position of the General Counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the General Counsel until the vacancy is filled.''. SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY OPINIONS BY PERSONS OPPOSING THE REQUESTS. (a) In General.--Section 308 of such Act (52 U.S.C. 30108) is amended by adding at the end the following new subsection: ``(e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY. (a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that end on or before December 31, 2023''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on December 31, 2021. SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS. Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) is amended-- (1) by striking ``(e) The Commission'' and inserting ``(e)(1) The Commission''; and (2) by adding at the end the following new paragraph: ``(2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.''. SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN SUPREME COURT. (a) Clarifying Authority.--Section 306(f)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by striking ``any action instituted under this Act, either (A) by attorneys'' and inserting ``any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys''. (b) Effective Date.--The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS. (a) Requirement.--Section 311(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person's identification;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER THE FEDERAL ELECTION CAMPAIGN ACT OF 1971. (a) Civil Offenses.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after paragraph (9) the following new paragraph: ``(10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred.''. (b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act. SEC. 7110. EFFECTIVE DATE; TRANSITION. (a) In General.--Except as otherwise provided, this subtitle and the amendments made by this subtitle shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle. (b) Transition.-- (1) No effect on existing cases or proceedings.--Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to the date of the enactment of this Act, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. (2) Treatment of certain complaints.--If, as of the date of the enactment of this Act, the General Counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) with respect to a complaint filed prior to the date of the enactment of this Act, this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this Act. TITLE VIII--CITIZEN EMPOWERMENT Subtitle A--Funding to Promote Democracy PART 1--PAYMENTS AND ALLOCATIONS TO STATES SEC. 8001. STATE DEMOCRACY PROMOTION PROGRAM. (a) Establishment.--There is established a program to be known as the ``State Democracy Promotion Program'' under which the Director of the Office of State Democracy Promotion shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). (b) Democracy Promotion Activities Described.--The democracy promotion activities described in this subsection are as follows: (1) Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, securing voting locations, expanding polling places and the availability of early and mail voting, recruiting and training nonpartisan election officials, and promoting cybersecurity. (2) Activities to ensure equitable access to democracy, including the following: (A) Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle. (B) Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle. (C) Other activities to ensure equitable access to democracy, including administering a ranked-choice voting system and carrying out Congressional redistricting through independent commissions. (3) Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands. (c) Permitting States to Retain and Reserve Allocations for Future Use.--A State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year. (d) Requiring Submission and Approval of State Plan.-- (1) In general.--A State shall receive an allocation under the Program for a fiscal year if-- (A) not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 8002; and (B) not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan. (2) Submission and approval of revised plan.--If the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year-- (A) the chief State election official of the State submits a revised version of the State plan; and (B) the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan. (3) Election assistance commission and federal election commission consultation.--With respect to a State plan submitted under paragraph (1) or a revised plan submitted under paragraph (2)-- (A) the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission with respect to the proposed State activities described in subsection (b)(1) and with the Federal Election Commission with respect to the proposed State activities described in subsection (b)(2)(A) and (b)(2)(B); and (B) the Election Assistance Commission and the Federal Election Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. (4) Consultation with legislature.--The chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. (e) State Report on Use of Allocations.--Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation. (f) Effective Date.--This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. SEC. 8002. STATE PLAN. (a) Contents.--A State plan under this section with respect to a State is a plan containing each of the following: (1) A description of the democracy promotion activities the State will carry out with the payment made under the Program. (2) A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities. (3) A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for-- (A) activities described in subsection 8001(b)(1) (relating to election administration); (B) activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971); and (C) activities described in section 8001(b)(2)(B) (relating to the operation of a Democracy Credit Program under part 1 of subtitle B). (4) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. (5) A description of the State-based administrative complaint procedures established for purposes of section 8003(b). (6) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities. (b) Requirements for Fund.-- (1) Fund described.--For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. (B) The payment made to the State under the Program. (C) Such other amounts as may be appropriated under law. (D) Interest earned on deposits of the fund. (2) Use of fund.--Amounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program. (3) Treatment of states that require changes to state law.--In the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted. SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION IN ELECTIONS. (a) Prohibiting Use of Payments.--A State may not use a payment made under the Program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the United States to participate in the electoral process. (b) State-based Administrative Complaint Procedures.-- (1) Establishment.--A State receiving a payment under the Program shall establish uniform and nondiscriminatory State- based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint. (2) Notification to director.--The State shall transmit to the Director a description of each complaint filed under the procedures, together with-- (A) if the State provides a remedy with respect to the complaint, a description of the remedy; or (B) if the State dismisses the complaint, a statement of the reasons for the dismissal. (3) Review by director.-- (A) Request for review.--Any person who is dissatisfied with the final decision under a State- based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision. (B) Action by director.--Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. (4) Right to petition for review.-- (A) In general.--Any person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. (B) Deadline to file petition.--Any petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3). (C) Standard of review.--In any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days. (c) Action by Attorney General for Declaratory and Injunctive Relief.--The Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a). SEC. 8004. AMOUNT OF STATE ALLOCATION. (a) State-specific Amount.--The amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of-- (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State. (b) Congressional District Allocation Amount.--For purposes of subsection (a), the ``Congressional district allocation amount'' with respect to a fiscal year is equal to the quotient of-- (1) the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by (2) the total number of Congressional districts in all States. (c) Determination of Aggregate Amount Available for Allocations; Notification to States.--Not later than 120 days before the first day of each fiscal year, the Director-- (1) shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and (2) shall notify each State of the amount of the State's allocation under the Program for the fiscal year. (d) Source of Payments.--The amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund. SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS. (a) Direct Payments to States for Certain Activities Under State Plan.-- (1) Direct payment.--If the approved State plan of a State includes activities for which allocations are not made under subsections (b), (c), or (d), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to disburse amounts from the Trust Fund for payment to the State in the aggregate amount provided under the plan for such activities. (2) Timing.--As soon as practicable after the Director directs the Secretary of the Treasury to disburse amounts for payment to a State under paragraph (1), the Secretary of the Treasury shall make the payment to the State under such paragraph. (3) Continuing availability of funds after appropriation.-- A payment made to a State under this subsection shall be available without fiscal year limitation. (b) Allocation to Election Assistance Commission for Payments to States for Certain Election Administration Activities.-- (1) Allocation.--If the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan. (2) Payment to state.--As soon as practicable after receiving an allocation under paragraph (1) with respect to a State, the Election Assistance Commission shall make a payment to the State in the amount of the State's allocation. (3) Continuing availability of funds after appropriation.-- A payment made to a State by the Election Assistance Commission under this subsection shall be available without fiscal year limitation. (c) Allocation to Federal Election Commission for Payments to Participating Candidates From State.--If the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. (d) Allocation to Federal Election Commission for Payments for Democracy Credit Program.--If the approved State plan of a State includes activities described in section 8001(b)(2)(B), relating to payments to the State for the operation of a Democracy Credit Program under part 1 of subtitle B, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. SEC. 8006. OFFICE OF STATE DEMOCRACY PROMOTION. (a) Establishment.--There is established as an independent establishment in the executive branch the Office of State Democracy Promotion. (b) Director.-- (1) In general.--The Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate. (2) Term of service.--The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment. (3) Compensation.--The Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule. (c) General Counsel and Other Staff.-- (1) General counsel.--The Director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule. In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled. (2) Senior staff.--The Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. (3) Other staff.--In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule. (d) Duties.--The duties of the Office are as follows: (1) Administration of program.--The Director shall administer the Program, in consultation with the Election Assistance Commission and the Federal Election Commission, including by holding quarterly meetings of representatives from such Commissions. (2) Oversight of trust fund.--The Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund. (3) Reports.--Not later than 180 days after the date of the regularly scheduled general election for Federal office held in 2024 and each succeeding regularly scheduled general election for Federal office thereafter, the Director shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years. (e) Coverage Under Inspector General Act of 1978 for Conducting Audits and Investigations.-- (1) In general.--Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting ``the Office of State Democracy Promotion,'' after ``Election Assistance Commission,''. (2) Effective date.--The amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director. (f) Coverage Under Hatch Act.--Clause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of subclause (XIII); and (2) by adding at the end the following new subclause: ``(XV) the Office of State Democracy Promotion; or''. (g) Regulations.-- (1) In general.--Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. (2) State plan submission and approval and distribution of funds.--Not later than 90 days after the date of the confirmation or appointment of the Director, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this part and the amendments made by this part. (3) Comments by the election assistance commission and the federal election commission.--The Election Assistance Commission and the Federal Election Assistance shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection. (h) Authorization of Appropriations.--There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2023 and each succeeding fiscal year. PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the ``State Election Assistance and Innovation Trust Fund''. (b) Contents.--The Trust Fund shall consist solely of-- (1) amounts transferred under section 3015 of title 18, United States Code, section 9706 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986 (as added by section 8013); (2) amounts transferred under section 9006(d) of the Internal Revenue Code of 1986 (as added by section 8014); and (3) gifts or bequests deposited pursuant to subsection (d). (c) Use of Funds.--Amounts in the Trust Fund shall be used to make payments and allocations under the Program (as described in section 8012(a)) and to carry out the activities of the Office. (d) Acceptance of Gifts.--The Office may accept gifts or bequests for deposit into the Trust Fund. (e) No Taxpayer Funds Permitted.--No taxpayer funds may be deposited into the Trust Fund. (f) Effective Date.--This section shall take effect on the date of the enactment of this subtitle. SEC. 8012. USES OF FUND. (a) Payments and Allocations Described.--For each fiscal year, amounts in the Fund shall be used as follows: (1) Payments to States under the Program, as described in section 8005(a). (2) Allocations to the Election Assistance Commission, to be used for payments for certain election administration activities, as described in section 8005(b). (3) Allocations to the Federal Election Commission, to be used for payments to participating candidates under title V of the Federal Election Campaign Act of 1971, as described in section 8005(c). (4) Allocations to the Federal Election Commission, to be used for payments to States operating a Democracy Credit Program under part 1 of subtitle B, as described in section 8005(d). (b) Determination of Aggregate Amount of State Allocations.--The Director, in consultation with the Election Assistance Commission and the Federal Election Commission, shall determine and establish the aggregate amount of State allocations for each fiscal year, taking into account the anticipated balances of the Trust Fund. SEC. 8013. ASSESSMENTS AGAINST FINES AND PENALTIES. (a) Assessments Relating to Criminal Offenses.-- (1) In general.--Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 3015. Special assessments for State Election Assistance and Innovation Trust Fund ``(a) Assessments.-- ``(1) Convictions of crimes.--In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. ``(2) Settlements.--The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 4.75 percent of the amount of the settlement. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. ``(c) Transfers.--In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section.''. (2) Clerical amendment.--The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3015. Special assessments for State Election Assistance and Innovation Trust Fund.''. (b) Assessments Relating to Civil Penalties.-- (1) In general.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 9706. Special assessments for State Election Assistance and Innovation Trust Fund ``(a) Assessments.-- ``(1) Civil penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(2) Administrative penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(3) Settlements.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected-- ``(1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; ``(2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and ``(3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. ``(d) Exception for Penalties and Settlements Under Authority of the Internal Revenue Code of 1986.-- ``(1) In general.--No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. ``(2) Cross reference.--For application of special assessments for the State Election Assistance and Innovation Trust Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.''. (2) Clerical amendment.--The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``9706. Special assessments for State Election Assistance and Innovation Trust Fund.''. (c) Assessments Relating to Certain Penalties Under the Internal Revenue Code of 1986.-- (1) In general.--Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter D--Special Assessments for State Election Assistance and Innovation Trust Fund ``SEC. 6761. SPECIAL ASSESSMENTS FOR STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND. ``(a) In General.--Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. ``(b) Covered Penalty.--For purposes of this section, the term `covered penalty' means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. ``(c) Exception for Certain Individuals.-- ``(1) In general.--In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. ``(2) Exempt taxpayer.--For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. ``(d) Application of Certain Rules.--Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. ``(e) Transfer to State Election Administration and Innovation Trust Fund.--The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection.''. (2) Clerical amendment.--The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: ``subchapter d--special assessments for state election assistance and innovation trust fund''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the internal revenue code of 1986.--The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act. SEC. 8014. TRANSFER OF BALANCE OF PRESIDENTIAL ELECTION CAMPAIGN FUND. Section 9006 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Transfer of Balance to State Election Assistance and Innovation Trust Fund.--Effective December 31, 2021, the Secretary shall transfer from the fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the balance of the fund as of such date, reduced by the amount of any payments required to be made from the fund under section 9008(i).''. PART 3--GENERAL PROVISIONS SEC. 8021. DEFINITIONS. In this subtitle, the following definitions apply: (1) The term ``chief State election official'' has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 (52 U.S.C. 21003(e)). (2) The term ``Director'' means the Director of the Office. (3) The term ``election cycle'' means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. (4) The term ``Indian lands'' includes-- (A) Indian country, as defined under section 1151 of title 18, United States Code; (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602)); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (5) The term ``Office'' means the Office of State Democracy Promotion established under section 8005. (6) The term ``Program'' means the State Democracy Promotion Program established under section 8001. (7) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (8) The term ``Trust Fund'' means the State Election Assistance and Innovation Trust Fund established under section 8011. SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULATION OF DEADLINES. (a) In General.--With respect to the calculation of any period of time for the purposes of a deadline in this subtitle, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday. (b) Legal Public Holiday Defined.--For the purposes of this section, the term ``legal public holiday'' means a day described in section 6103(a) of title 5, United States Code. Subtitle B--Elections for House of Representatives SEC. 8101. SHORT TITLE. This subtitle may be cited as the ``Government By the People Act of 2021''. PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM SEC. 8102. ESTABLISHMENT OF PROGRAM. (a) Establishment.--The Federal Election Commission (hereafter in this part referred to as the ``Commission'') shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle. (b) Requirements for Program.--A State is eligible to operate a credit program under this part with respect to an election cycle if, not later than 180 days before the cycle begins, the State submits to the Commission a statement containing-- (1) information and assurances that the State will operate a credit program which contains the elements described in section 8103(a); (2) information and assurances that the State will establish fraud prevention mechanisms described in section 8103(b); (3) information and assurances that the State will establish a commission to oversee and implement the program as described in section 8103(c); (4) information and assurances that the State will carry out a public information campaign as described in section 8103(d); (5) information and assurances that the State will submit reports as required under section 8104; (6) information and assurances that, not later than 90 days before the beginning of the cycle, the State will complete any actions necessary to operate the program during the cycle; and (7) such other information and assurances as the Commission may require. (c) Reimbursement of Costs.-- (1) Reimbursement.--Upon receiving the report submitted by a State under section 8104(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the credit program under this part during the cycle. (2) Source of funds.--Payments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the ``Fund'') under section 8012, in the amount allocated with respect to the State under section 8005(d). (3) Mandatory reduction of payments in case of insufficient allocations.-- (A) Advance audits by commission.--Not later than 90 days before the first day of each program operation period, the Commission, in consultation with the Director of the Office of State Democracy Promotion, shall-- (i) audit the Fund to determine whether, after first making payments to States under section 8005(a), then making allocations to the Election Assistance Commission under section 8005(b), and then making allocations to the Commission under section 8005(c), the amount allocated to the State for making payments under this part will be sufficient to make payments to the State in the amounts provided under this subsection; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments.-- (i) Automatic reduction on pro rata basis.--If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount allocated to the State for making payments under this part is not, or may not be, sufficient to make payments to the State under this part in the full amount provided under this subsection with respect to an election cycle, the Commission shall reduce each amount which would otherwise be paid to a State under this subsection by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount allocated to the State for making payments under this part with respect to such cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amount paid to a State with respect to an election cycle under clause (i), the Commission determines that the amount allocated to the State for making payments under this part is sufficient to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment to the State with respect to the cycle in the amount by which such State's payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources.--In any case in which the Commission determines that the amount allocated to the State for making payments under this part is insufficient to make payments to the State under this part, moneys shall not be made available from any other source for the purpose of making such payments. (4) Cap on amount of payment.--The aggregate amount of payments made to any State with respect to two consecutive election cycles period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to such cycles is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such cycles, the State shall reduce the amount of the credit provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such cycles. (d) Continuing Availability of Funds After Appropriation.--A payment made to a State under this part shall be available without fiscal year limitation. SEC. 8103. CREDIT PROGRAM DESCRIBED. (a) General Elements of Program.-- (1) Elements described.--The elements of a credit program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual's request with a credit worth $25 to be known as a ``Democracy Credit'' during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. (B) Using the routing number assigned to the Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the Democracy Credit to the Commission, the Commission shall pay the candidate the portion of the value of the Democracy Credit that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (2) Designation of qualified individuals.--For purposes of paragraph (1)(A), a ``qualified individual'' with respect to a State means an individual-- (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a Democracy Credit; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. (3) Treatment as contribution to candidate.--For purposes of the Federal Election Campaign Act of 1971, the submission of a Democracy Credit to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Credit that the individual allocated to the candidate. (b) Fraud Prevention Mechanism.--In addition to the elements described in subsection (a), a State operating a credit program under this part shall permit an individual to revoke a Democracy Credit not later than 2 days after submitting the Democracy Credit to a candidate. (c) Oversight Commission.--In addition to the elements described in subsection (a), a State operating a credit program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the State, except that no such commission or entity may be comprised of elected officials. (d) Public Information Campaign.--In addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. (e) No Taxpayer Funds Permitted to Carry Out Program.--No taxpayer funds shall be used to carry out the credit program under this part. SEC. 8104. REPORTS. (a) State Reports.--Not later than 6 months after each first election cycle during which the State operates a program under this part, the State shall submit a report to the Commission analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require. (b) Study and Report on Impact and Effectiveness of Credit Programs.-- (1) Study.--The Federal Election Commission shall conduct a study on the efficacy of political credit programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates. (2) Report.--Not later than 1 year after the first election cycle for which States operate the program under this part, the Commission shall publish and submit to Congress a report on the study conducted under paragraph (1). SEC. 8105. ELECTION CYCLE DEFINED. In this part, the term ``election cycle'' means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF REPRESENTATIVES SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES. The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following: ``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF REPRESENTATIVES ``Subtitle A--Benefits ``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. ``(a) In General.--If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. ``(b) Amount of Payment.--The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). ``(c) Limit on Aggregate Amount of Payments.--The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. ``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall be used to make payments under this title. ``SEC. 502. PROCEDURES FOR MAKING PAYMENTS. ``(a) In General.--The Commission shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes-- ``(1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; ``(2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; ``(3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and ``(4) such other information and assurances as the Commission may require. ``(b) Restrictions on Submission of Requests.--A candidate may not submit a request under subsection (a) unless each of the following applies: ``(1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. ``(2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. ``(c) Time of Payment.--The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a). ``SEC. 503. USE OF FUNDS. ``(a) Use of Funds for Authorized Campaign Expenditures.--A candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. ``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or Penalties.--Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty. ``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. ``(a) In General.--In this title, the term `qualified small dollar contribution' means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: ``(1) The contribution is in an amount that is-- ``(A) not less than $1; and ``(B) not more than $200. ``(2)(A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- ``(i) forwarded from the individual making the contribution to the candidate or committee by another person; or ``(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. ``(B) In this paragraph-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and ``(ii) a contribution is not `made at the request, suggestion, or recommendation of another person' solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. ``(3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. ``(b) Treatment of Democracy Credits.--Any payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Government By the People Act of 2021 shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). ``(c) Restriction on Subsequent Contributions.-- ``(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle.-- ``(A) In general.--An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. ``(B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period.--Subparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. ``(2) Treatment of subsequent nonqualified contributions.-- If, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: ``(A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). ``(B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). ``(3) No effect on ability to make multiple contributions.--Nothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). ``(d) Notification Requirements for Candidates.-- ``(1) Notification.--Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: ``(A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. ``(B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. ``(C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. ``(2) Alternative methods of meeting requirements.--An authorized committee may meet the requirements of paragraph (1)-- ``(A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or ``(B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). ``Subtitle B--Eligibility and Certification ``SEC. 511. ELIGIBILITY. ``(a) In General.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: ``(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. ``(2) The candidate meets the qualifying requirements of section 512. ``(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). ``(4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate-- ``(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; ``(B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and ``(C) has either qualified or will take steps to qualify under State law to be on the ballot. ``(5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest. ``(b) General Election.--Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. ``(c) Small Dollar Democracy Qualifying Period Defined.--The term `Small Dollar Democracy qualifying period' means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. ``SEC. 512. QUALIFYING REQUIREMENTS. ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. ``(2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000. ``(b) Requirements Relating to Receipt of Qualified Small Dollar Contribution.--Each qualified small dollar contribution-- ``(1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Commission; ``(2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor's name and address; and ``(3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission. ``(c) Verification of Contributions.--The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. ``SEC. 513. CERTIFICATION. ``(a) Deadline and Notification.-- ``(1) In general.--Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall-- ``(A) determine whether or not the candidate meets the requirements for certification as a participating candidate; ``(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and ``(C) notify the candidate of the Commission's determination. ``(2) Deemed certification for all elections in election cycle.--If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. ``(b) Revocation of Certification.-- ``(1) In general.--The Commission shall revoke a certification under subsection (a) if-- ``(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); ``(B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or ``(C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. ``(2) Existence of criminal sanction.--The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. ``(3) Effect of revocation.--If a candidate's certification is revoked under this subsection-- ``(A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and ``(B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)-- ``(i) the candidate shall repay to the Commission an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received, which shall be used by the Commission to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); and ``(ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. ``(c) Voluntary Withdrawal From Participating During Qualifying Period.--At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. ``(d) Participating Candidate Defined.--In this title, a `participating candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ``(a) Permitted Sources of Contributions and Expenditures.--Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: ``(1) Qualified small dollar contributions. ``(2) Payments under this title. ``(3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. ``(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). ``(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. ``(6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. ``(b) Special Rules for Personal Funds.-- ``(1) Limit on amount.--A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as-- ``(A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate's certification as a participating candidate) does not exceed $50,000; and ``(B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. ``(2) Immediate family member defined.--In this subsection, the term `immediate family member' means, with respect to a candidate-- ``(A) the candidate's spouse; ``(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate's spouse; and ``(C) the spouse of any person described in subparagraph (B). ``(c) Exceptions.-- ``(1) Exception for contributions received prior to filing of statement of intent.--A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are-- ``(A) returned to the contributor; ``(B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or ``(C) spent in accordance with paragraph (2). ``(2) Exception for expenditures made prior to filing of statement of intent.--If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. ``(3) Exception for campaign surpluses from a previous election.--Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. ``(4) Exception for contributions received before the effective date of this title.--Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). ``(d) Special Rule for Coordinated Party Expenditures.--For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. ``(e) Prohibition on Joint Fundraising Committees.-- ``(1) Prohibition.--An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. ``(2) Status of existing committees for prior elections.-- If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(f) Prohibition on Leadership PACs.-- ``(1) Prohibition.--A candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. ``(2) Status of existing leadership pacs.--If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(3) Leadership pac defined.--In this subsection, the term `leadership PAC' has the meaning given such term in section 304(i)(8)(B). ``SEC. 522. ADMINISTRATION OF CAMPAIGN. ``(a) Separate Accounting for Various Permitted Contributions.-- Each authorized committee of a candidate certified as a participating candidate under this title-- ``(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and ``(2) shall provide for separate accounting for the payments received under this title. ``(b) Enhanced Disclosure of Information on Donors.-- ``(1) Mandatory identification of individuals making qualified small dollar contributions.--Each authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. ``(2) Mandatory disclosure through internet.--Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. ``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS. ``(a) Mandatory Spending of Available Private Funds.--An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). ``(b) Limitation.--Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title. ``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. ``(a) Remittance Required.--Not later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date, which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). ``(b) Permitting Candidates Participating in Next Election Cycle To Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission's determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. ``Subtitle D--Enhanced Match Support ``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. ``(a) Availability of Enhanced Support.--In addition to the payments made under subtitle A, the Commission shall make an additional payment to an eligible candidate under this subtitle. ``(b) Use of Funds.--A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. ``SEC. 532. ELIGIBILITY. ``(a) In General.--A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: ``(1) The candidate is on the ballot for the general election for the office the candidate seeks. ``(2) The candidate is certified as a participating candidate under this title with respect to the election. ``(3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. ``(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes-- ``(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; ``(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and ``(C) such other information and assurances as the Commission may require. ``(5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle. ``(b) Enhanced Support Qualifying Period Described.--In this subtitle, the term `enhanced support qualifying period' means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. ``SEC. 533. AMOUNT. ``(a) In General.--Subject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of-- ``(1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or ``(2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. ``(b) Limit.--The amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. ``(c) No Effect on Aggregate Limit.--The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). ``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS AFTER ELECTION. ``Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1). ``Subtitle E--Administrative Provisions ``SEC. 541. SOURCE OF PAYMENTS. ``(a) Allocations From State Election Assistance and Innovation Trust Fund.--The amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the `Fund') under section 8012 of the Freedom to Vote Act, as provided under section 8005(c) of such Act. ``(b) Use of Allocations to Make Payments to Participating Candidates.-- ``(1) Payments to participating candidates.--The allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. ``(2) Mandatory reduction of payments in case of insufficient amounts.-- ``(A) Advance audits by commission.--Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission, in consultation with the Director of the Office of State Democracy Promotion, shall-- ``(i) audit the Fund to determine whether, after first making allocations for payments to States under section 8005(a) of the Freedom to Vote Act, and then making allocations to the Election Assistance Commission under section 8005(b) of such Act, the amount of the allocation made to the Commission with respect to candidates who seek office in a State as described in subsection (a) will be sufficient to make payments to participating candidates in the State in the amounts provided in this title during such election cycle; and ``(ii) submit a report to Congress describing the results of the audit. ``(B) Reductions in amount of payments.-- ``(i) Automatic reduction on pro rata basis.--If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund for payments to participating candidates in a State with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate in the State under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made to participating candidates in the State with respect to the election cycle will not exceed the amount anticipated to be available for such payments with respect to such election cycle. ``(ii) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to participating candidates in a State with respect to an election cycle under clause (i), the Commission determines that the allocation made to the Commission with respect to candidates in the State as described in subsection (a) is sufficient to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under clause (i) (or any portion thereof, as the case may be). ``(iii) No use of amounts from other sources.--In any case in which the Commission determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title, moneys shall not be made available from any other source for the purpose of making such payments. ``(c) Effective Date.--This section shall take effect on the date of the enactment of this title. ``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN COMMISSION. ``(a) Administration Through Dedicated Division.-- ``(1) Establishment.--The Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title. ``(2) Appointment of director and staff.--Not later than June 1, 2022, the Commission shall appoint a director to head the division established under this section and such other staff as the Commission considers appropriate to enable the division to carry out its duties. ``(3) Private right of action.--Any person aggrieved by the failure of the Commission to meet the requirements of this subsection may file an action in an appropriate district court of the United States for such relief, including declaratory and injunctive relief, as may be appropriate. ``(b) Regulations.--The Commission, acting through the dedicated division established under this section, shall prescribe regulations to carry out the purposes of this title, including regulations-- ``(1) to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate; ``(2) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; ``(3) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; ``(4) to establish procedures for monitoring the use of payments made from the allocation made to the Commission as described in section 541(a) and matching contributions under this title through audits of not fewer than \1/10\ (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than \1/3\) of all participating candidates or other mechanisms; and ``(5) to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this Act. ``SEC. 543. VIOLATIONS AND PENALTIES. ``(a) Civil Penalty for Violation of Contribution and Expenditure Requirements.--If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). ``(b) Repayment for Improper Use of Payments.-- ``(1) In general.--If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Commission an amount which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a) and which shall be equal to-- ``(A) the amount of payments so used or not remitted, as appropriate; and ``(B) interest on any such amounts (at a rate determined by the Commission). ``(2) Other action not precluded.--Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. ``(c) Prohibiting Certain Candidates From Qualifying as Participating Candidates.-- ``(1) Candidates with multiple civil penalties.--If the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. ``(2) Candidates subject to criminal penalty.--A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. ``(d) Imposition of Criminal Penalties.--For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d). ``SEC. 544. APPEALS PROCESS. ``(a) Review of Actions.--Any action by the Commission in carrying out this title shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought. ``(b) Procedures.--The provisions of chapter 7 of title 5, United States Code, apply to judicial review under this section. ``SEC. 545. INDEXING OF AMOUNTS. ``(a) Indexing.--In any calendar year after 2026, section 315(c)(1)(B) shall apply to each amount described in subsection (b) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2026. ``(b) Amounts Described.--The amounts described in this subsection are as follows: ``(1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). ``(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). ``(3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). ``(4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). ``(5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). ``(6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). ``(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). ``(8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D). ``SEC. 546. ELECTION CYCLE DEFINED. ``In this title, the term `election cycle' means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).''. SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING CANDIDATES. (a) Authorizing Contributions Only From Separate Accounts Consisting of Qualified Small Dollar Contributions.--Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the following new paragraph: ``(10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate who is a participating candidate under title V with respect to an election only if the contribution is paid from a separate, segregated account of the committee which consists solely of contributions which meet the following requirements: ``(A) Each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. ``(B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. ``(C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1).''. (b) Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C. 30116(d)) is amended-- (1) in paragraph (3), by striking ``The national committee'' and inserting ``Except as provided in paragraph (6), the national committee''; and (2) by adding at the end the following new paragraph: ``(6) The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if-- ``(A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(10); and ``(B) the expenditures are the sole source of funding provided by the committee to the candidate.''. SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION. Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is amended by adding at the end the following new subsection: ``(d) Restrictions on Permitted Uses of Funds by Candidates Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate's campaign for such office, subject to section 503(b).''. SEC. 8114. DEADLINE FOR REGULATIONS. Not later than October 1, 2022, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. Subtitle C--Personal Use Services as Authorized Campaign Expenditures SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This subtitle may be cited as the ``Help America Run Act''. (b) Findings.--Congress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. The Center for American Women And Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans. (c) Purpose.--It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one's livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE. (a) Personal Use Services as Authorized Campaign Expenditure.-- Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 8113, is amended by adding at the end the following new subsection: ``(e) Treatment of Payments for Child Care and Other Personal Use Services as Authorized Campaign Expenditure.-- ``(1) Authorized expenditures.--For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. ``(2) Limitations.-- ``(A) Limit on total amount of payments.--The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). ``(B) Corresponding reduction in amount of salary paid to candidate.--To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. ``(C) Exclusion of candidates who are officeholders.--Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. ``(3) Personal use services described.--The personal use services described in this paragraph are as follows: ``(A) Child care services. ``(B) Elder care services. ``(C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. ``(D) Health insurance premiums.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. Subtitle D--Empowering Small Dollar Donations SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL DOLLAR ACCOUNTS. (a) Increase in Limit on Contributions to Candidates.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting ``exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000''. (b) Elimination of Limit on Coordinated Expenditures.--Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking ``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection (a)(11)''. (c) Accounts Described.--Section 315(a) of such Act (52 U.S.C. 30116(a)), as amended by section 8112(a), is amended by adding at the end the following new paragraph: ``(11) An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200.''. (d) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. Subtitle E--Severability SEC. 8401. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. Calendar No. 125 117th CONGRESS 1st Session S. 2747 _______________________________________________________________________

Freedom to Vote Act

A bill to expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes.

Freedom to Vote Act Automatic Voter Registration Act of 2021 DISCLOSE Act of 2021 Deceptive Practices and Voter Intimidation Prevention Act of 2021 Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 Democracy Restoration Act of 2021 Government By the People Act of 2021 Help America Run Act Honest Ads Act Restoring Integrity to America's Elections Act Spotlight Act Stop Super PAC-Candidate Coordination Act Voter Confidence and Increased Accessibility Act of 2021 Voter Empowerment Act of 2021 Voter Registration Modernization Act of 2021

Sen. Klobuchar, Amy

D

MN

This bill addresses voter registration and voting access, election integrity and security, redistricting, and campaign finance. Specifically, the bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting). It also limits removing voters from voter rolls. Next, the bill establishes Election Day as a federal holiday. The bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence. The bill establishes certain federal criminal offenses related to voting. In particular, the bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote. Additionally, the bill sets forth provisions related to election security, including by requiring states to conduct post-election audits for federal elections. The bill outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting. The bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosure of campaign-related fundraising and spending, requiring additional disclaimers regarding certain political advertising, and establishing an alternative campaign funding system for certain federal offices.

This Act may be cited as the ``Freedom to Vote Act''. 1. Short title; statement of policy. Same day registration. Funding for protection and advocacy systems. Voting by mail. No effect on other laws. Private rights of action by election officials. Judicial review to ensure compliance. Rules of construction. Finding of constitutional authority. Criteria for redistricting. Development of plan. Civil enforcement. Effective date. Purpose. Sense of Congress. Political record requirements for online platforms. Definitions. PART 1--Optional Democracy Credit Program Sec. Reports. Benefits and eligibility requirements for candidates. Deadline for regulations. Subtitle E--Severability Sec. 4. ``(iv) Information showing that the individual is a citizen of the United States. ``(vi) If available, the individual's signature in electronic form. (3) An individual's voter registration status. (2) The term ``Commission'' means the Election Assistance Commission. 304. 1437f(f)). ``(C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. ``(8) An organization for the deaf. 20302(a)) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). PAYMENTS TO STATES. Absentee ballot tracking program.''. BALLOT VISIBILITY. ``(iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (B) Section 252(c)(2) (52 U.S.C. ``(C) The number of voters registered. ELECTION FOR FEDERAL OFFICE DEFINED. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. ``(ii) A State-issued identification described in paragraph (4). 2002. The district court shall, to the extent practicable, expedite any such proceeding. (C) Local election administrator.--The term ``local election administrator'' means, with respect to a local jurisdiction in a State, an individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. is amended by adding at the end the following: ``SEC. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. 21081 et seq. (a) In General.--This title and the amendments made by this title shall apply on the date of enactment of this title. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(B) An applicable public communication. ``(D) A covered transfer. For instance, the largest platform has over 210,000,000 American users--over 160,000,000 of them on a daily basis. ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. PROCEDURES FOR MAKING PAYMENTS. USE OF FUNDS. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ADMINISTRATION OF CAMPAIGN. AMOUNT. VIOLATIONS AND PENALTIES. APPEALS PROCESS. SEC.

This Act may be cited as the ``Freedom to Vote Act''. 1. Same day registration. Funding for protection and advocacy systems. Voting by mail. No effect on other laws. Private rights of action by election officials. Judicial review to ensure compliance. Rules of construction. Development of plan. Purpose. Sense of Congress. Political record requirements for online platforms. Reports. Benefits and eligibility requirements for candidates. Deadline for regulations. Subtitle E--Severability Sec. 4. ``(vi) If available, the individual's signature in electronic form. (3) An individual's voter registration status. (2) The term ``Commission'' means the Election Assistance Commission. ``(C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. ``(8) An organization for the deaf. 20302(a)) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). PAYMENTS TO STATES. Absentee ballot tracking program.''. BALLOT VISIBILITY. ``(iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (B) Section 252(c)(2) (52 U.S.C. ELECTION FOR FEDERAL OFFICE DEFINED. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. ``(ii) A State-issued identification described in paragraph (4). 2002. The district court shall, to the extent practicable, expedite any such proceeding. is amended by adding at the end the following: ``SEC. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. (a) In General.--This title and the amendments made by this title shall apply on the date of enactment of this title. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(B) An applicable public communication. ``(D) A covered transfer. ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. USE OF FUNDS. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ADMINISTRATION OF CAMPAIGN. AMOUNT. VIOLATIONS AND PENALTIES. SEC.

This Act may be cited as the ``Freedom to Vote Act''. 1. Short title; statement of policy. Automatic registration of eligible individuals. Payments and grants. Requiring availability of internet for voter registration. Same day registration. Funding for protection and advocacy systems. Voting by mail. No effect on other laws. Establishment of best practices. Private rights of action by election officials. Judicial review to ensure compliance. Rules of construction. Finding of constitutional authority. Criteria for redistricting. Development of plan. Civil enforcement. Disbursements and activities subject to foreign money ban. Reporting of campaign-related disbursements. Effective date. Purpose. Sense of Congress. Political record requirements for online platforms. Prohibiting reduction in access to participation in elections. Definitions. PART 1--Optional Democracy Credit Program Sec. Reports. Election cycle defined. Benefits and eligibility requirements for candidates. Deadline for regulations. Subtitle E--Severability Sec. 4. ``(iv) Information showing that the individual is a citizen of the United States. ``(vi) If available, the individual's signature in electronic form. (3) An individual's voter registration status. (2) The term ``Commission'' means the Election Assistance Commission. 1031. 304. 1437f(f)). 1044. 1101. 1102. ``(C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. ``(8) An organization for the deaf. 1103. 1104. 309. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. 20302(a)) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). PAYMENTS TO STATES. Absentee ballot tracking program.''. BALLOT VISIBILITY. ``(iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (B) Section 252(c)(2) (52 U.S.C. ``(C) The number of voters registered. 315. ELECTION FOR FEDERAL OFFICE DEFINED. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. ``(ii) A State-issued identification described in paragraph (4). 2002. The district court shall, to the extent practicable, expedite any such proceeding. (C) Local election administrator.--The term ``local election administrator'' means, with respect to a local jurisdiction in a State, an individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. is amended by adding at the end the following: ``SEC. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. (ii) The date, time, and time zone when the election cybersecurity incident was detected. 21081 et seq. (a) In General.--This title and the amendments made by this title shall apply on the date of enactment of this title. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(B) An applicable public communication. ``(D) A covered transfer. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. For instance, the largest platform has over 210,000,000 American users--over 160,000,000 of them on a daily basis. ``(C) Third-party advertising vendor defined.--For purposes of this subsection, the term `third-party advertising vendor' includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. (B) Action by director.--Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. BENEFITS FOR PARTICIPATING CANDIDATES. PROCEDURES FOR MAKING PAYMENTS. USE OF FUNDS. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ADMINISTRATION OF CAMPAIGN. AMOUNT. VIOLATIONS AND PENALTIES. APPEALS PROCESS. SEC.

This Act may be cited as the ``Freedom to Vote Act''. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 1. Short title; statement of policy. Automatic registration of eligible individuals. Payments and grants. Requiring availability of internet for voter registration. Same day registration. Funding for protection and advocacy systems. Voting by mail. Treatment of post card registration requests. Enhancement of enforcement of Help America Vote Act of 2002. No effect on other laws. Establishment of best practices. Private rights of action by election officials. Judicial review to ensure compliance. Rules of construction. Paper ballot and manual counting requirements. Finding of constitutional authority. Criteria for redistricting. Development of plan. Civil enforcement. Disbursements and activities subject to foreign money ban. Reporting of campaign-related disbursements. Effective date. Purpose. Sense of Congress. Political record requirements for online platforms. Acting general counsel. Prohibiting reduction in access to participation in elections. Amount of State allocation. Definitions. PART 1--Optional Democracy Credit Program Sec. Reports. Election cycle defined. Benefits and eligibility requirements for candidates. Deadline for regulations. Subtitle E--Severability Sec. Congress finds that its authority and responsibility to enforce the Guarantee Clause is clear given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. 4. ``(iv) Information showing that the individual is a citizen of the United States. ``(vi) If available, the individual's signature in electronic form. (3) An individual's voter registration status. (2) The term ``Commission'' means the Election Assistance Commission. 1031. 304. 1437f(f)). 1044. 1101. 306. 1102. ``(C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. ``(8) An organization for the deaf. 1103. 1104. 309. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. 1201. ``(d) Standards.--Not later than June 30, 2022, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. 1301. 20302(a)) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). PAYMENTS TO STATES. Absentee ballot tracking program.''. BALLOT VISIBILITY. 11302)) within the State. ``(iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (E) Tribal government.--The term ``Tribal Government'' means the recognized governing body of an Indian Tribe. (B) Section 252(c)(2) (52 U.S.C. ``(C) The number of voters registered. 315. ELECTION FOR FEDERAL OFFICE DEFINED. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 percent), twice the national average for Latinos. ``(ii) A State-issued identification described in paragraph (4). 2002. The district court shall, to the extent practicable, expedite any such proceeding. (C) Local election administrator.--The term ``local election administrator'' means, with respect to a local jurisdiction in a State, an individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle. is amended by adding at the end the following: ``SEC. 307. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (E) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 21081 et seq. (iv) A method by which members of the public may submit comments directly to the entity. (a) In General.--This title and the amendments made by this title shall apply on the date of enactment of this title. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(B) An applicable public communication. ``(D) A covered transfer. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. For instance, the largest platform has over 210,000,000 American users--over 160,000,000 of them on a daily basis. ``(C) Third-party advertising vendor defined.--For purposes of this subsection, the term `third-party advertising vendor' includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. (B) Action by director.--Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. BENEFITS FOR PARTICIPATING CANDIDATES. PROCEDURES FOR MAKING PAYMENTS. USE OF FUNDS. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ADMINISTRATION OF CAMPAIGN. AMOUNT. VIOLATIONS AND PENALTIES. APPEALS PROCESS. SEC.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. b) Table of Contents.--The table of contents of this Act is as follows: Sec. Findings of general constitutional authority. Short title; findings and purpose. PART 3--Promoting Internet Registration Sec. Provision of election information by electronic mail to individuals registered to vote. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Subtitle B--Access to Voting for Individuals With Disabilities Sec. Establishment and maintenance of State accessible election websites. Protections for individuals subject to guardianship. GAO analysis and report on voting access for individuals with disabilities. Carriage of election mail. Subtitle F--Enhancement of Enforcement Sec. Enhancement of enforcement of Help America Vote Act of 2002. Minimum notification requirements for voters affected by polling place changes. Accommodations for voters residing in Indian lands. Application of Federal election administration laws to territories of the United States. PART 2--Improvements in Operation of Election Assistance Commission Sec. Clarification of exemption for States without voter registration. Subtitle J--Voter List Maintenance Procedures PART 1--Voter Caging Prohibited Sec. Conditions for removal of voters from list of registered voters. TITLE III--PREVENTING ELECTION SUBVERSION Subtitle A--Restrictions on Removal of Election Administrators Sec. Subtitle B--Increased Protections for Election Workers Sec. Protection of election workers. Subtitle F--Poll Worker Recruitment and Training Sec. Subtitle I--Establishing Duty to Report Foreign Election Interference Sec. Effective date for new requirements. Subtitle K--Provisional Ballots Sec. Election infrastructure designation. Guidelines and certification for electronic poll books and remote ballot marking systems. Pre-election reports on voting system usage. Finding of constitutional authority. TITLE VI--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--DISCLOSE Act Sec. Clarification of application of foreign money ban to certain disbursements and activities. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Expansion of definition of public communication. Clarification of treatment of coordinated expenditures as contributions to candidates. Acting general counsel. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Effective date; transition. Office of State Democracy Promotion. PART 1--Optional Democracy Credit Program Sec. Establishment of program. Credit program described. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Subtitle D--Empowering Small Dollar Donations Sec. Congress enacts the Freedom to Vote Act pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. Indeed, ``Congress has plenary and paramount jurisdiction over the whole subject'' of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power ``may be exercised as and when Congress sees fit'', and ``so far as it extends and conflicts with the regulations of the State, necessarily supersedes them''. 3)(A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is ``of the most fundamental significance under our constitutional structure''. As the Supreme Court has repeatedly affirmed, the right to vote is ``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). (D) Congress also finds that ``the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise''. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. ( (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by excessively onerous voter identification and other voter restrictions. D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. (5)(A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. ( a) In General.--For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. ( c) Intervention by Members of Congress.--In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. a) Short Title.--This part may be cited as the ``Automatic Voter Registration Act of 2021''. 2) Purpose.--It is the purpose of this part-- (A) to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State Governments to register all eligible citizens to vote with accurate, cost- efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE AUTHORITY. ``(a) Definitions.--In this section-- ``(1) Applicable agency.--The term `applicable agency' means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. ``(3) Automatic registration.--The term `automatic registration' means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. ``(B) Applicable date.--For purposes of this subsection, the term ``applicable date'' means, with respect to any election for Federal office, the later of-- ``(i) the date that is 28 days before the date of the election; or ``(ii) the last day of the period provided by State law for registration with respect to such election. ``(C) Clarification.--Nothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. ``(3) Treatment of individuals under 18 years of age.--A State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. ``(ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. ``(iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. ``(iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. ``(D) Opportunity to decline registration required.--Except as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. ``(ii) The individual's date of birth. ``(viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information. ``(G) Clarification.--Nothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. ``(3) Required availability of automatic registration opportunity with each application for service or assistance.-- Each applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. ``(d) Voter Protection.-- ``(1) Applicable agencies' protection of information.-- Nothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq. ): ``(A) An individual's decision to decline to register to vote or not to register to vote. ``(2) Election officials' protection of information.-- ``(A) Public disclosure prohibited.-- ``(i) In general.--Subject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election officials shall not publicly disclose any of the following: ``(I) Any information not necessary to voter registration. ``(VI) The individual's telephone number. ``(e) Miscellaneous Provisions.-- ``(1) Accessibility of registration services.--Each applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. ``(4) Notices.--Each State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. ``(f) Applicability.-- ``(1) In general.--This section shall not apply to an exempt State. b) Conforming Amendments.-- (1) Section 4(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(a)(1)) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;.''. ( 20503(b)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking ``States.--This Act'' and inserting ``States.-- ``(1) In general.--Except as provided in paragraph (2), this Act''; and (C) by adding at the end the following new paragraph: ``(2) Application of automatic registration requirements.-- Section 5A shall apply to a State described in paragraph (1), unless the State is an exempt State as defined in subsection (f)(2) of such section.''. ( 3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of registration under section 5A, within the period provided in section 5A(b)(2);''. (3) The individual was automatically registered to vote at an incorrect address. ( 4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration. ( (d) Election Officials' Protection of Information.-- (1) Voter record changes.--Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (3) Security policy.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. B) Maintenance and updating.--The Director shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. (4) State compliance with national standards.-- (A) Certification.--The chief State election official of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (2) and (3). B) Publication of policies and procedures.--The chief State election official of a State shall publish on the official's website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. ( (D) Compliance of states that require changes to state law.--In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. ( e) Restrictions on Use of Information.--No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. ( b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. ( c) Amount of Grant; Priorities.--The Commission shall determine the amount of a grant made to an eligible State under this section. d) Exempt State.--For purposes of this section, the term ``exempt State'' has the meaning given such term under section 5A of the National Voter Registration Act of 1993, and also includes a State in which, under law which is in effect continuously on and after the date of the enactment of the National Voter Registration Act of 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. (e) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to carry out this section-- (A) $3,000,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. ( 2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ( In this part, the following definitions apply: (1) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. ( a) In General.--Except as provided in subsection (b), this part and the amendments made by this part shall apply on and after January 1, 2023. ( (a) In General.--Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day, the following: ``Election Day, the Tuesday next after the first Monday in November in each even-numbered year.''. ( ``(a) Requiring Availability of Internet for Online Registration.-- Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): ``(1) Online application for voter registration. ``(3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). ``(4) Online receipt of completed voter registration applications. ``(B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means. ``(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. ``(d) Confirmation and Disposition.-- ``(1) Confirmation of receipt.-- ``(A) In general.--Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State's receipt of the application and providing instructions on how the individual may check the status of the application. ``(B) Method of notification.--The appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and-- ``(i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and ``(ii) at the option of the individual, by text message. ``(e) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(h) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.''. (b) Special Requirements for Individuals Using Online Registration.-- (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements.-- Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by mail or online under section 6A of the National Voter Registration Act of 1993''. ( ``(B) Requirements.--An individual meets the requirements of this subparagraph if-- ``(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or ``(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. ``(C) Inapplicability.--Subparagraph (A) does not apply in the case of an individual who is-- ``(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302 et seq. ); 3) Conforming amendment relating to effective date.-- Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking ``Each State'' and inserting ``Except as provided in subsection (b)(5), each State''. ( 2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. ( ``(C) Confirmation and disposition.-- ``(i) Confirmation of receipt.--Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the updated information and providing instructions on how the individual may check the status of the update. 2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. ( 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. ( 2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (52 U.S.C. b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. ``(ii) If the individual is not assigned to vote in the election at a specific polling place-- ``(I) the name and address of locations at which the individual is eligible to vote; and ``(II) the hours of operation for those locations. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER. ( a) Form Included With Application for Motor Vehicle Driver's License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number;''. ( 20508(b)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number;''. ``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. ``(4) Section 8(j) (as added by section 1024 of the Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A.''. Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts related to online voter registration systems, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems. Section 5(c) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State. ''; and (2) by adding at the end the following new paragraph: ``(3)(A) In the case of an individual who is treated as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F), such treatment shall remain effective until the earlier of such time as-- ``(i) the individual is no longer registered to vote in the State; or ``(ii) the individual provides an affirmative written notice revoking such treatment. ``(B) The treatment of an individual as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F) shall not be revoked on the basis that the individual has not voted in an election''. (b) Waiver.--If a State certifies to the Election Assistance Commission not later than January 1, 2022, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2022'' were a reference to ``January 1, 2024''. ``(a) In General.-- ``(1) Registration.--Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(d) Effective Date.-- ``(1) In general.--Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office. ``(2) Special rules for elections before november 2026.-- ``(A) Elections prior to november 2024 general election.--A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2024 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements. b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendments.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. a) In General.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it appears and inserting ``28 days''. ( a) Definitions.--In this section: (1) Bureau.--The term ``Bureau'' means the Bureau of Consumer Financial Protection. ( (3) Federal rental assistance.--The term ``Federal rental assistance'' means rental assistance provided under-- (A) any covered housing program, as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)); (B) title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq. ), including voucher assistance under section 542 of such title (42 U.S.C. 1490r); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). 5) Owner.--The term ``owner'' has the meaning given the term in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)). ( 6) Public housing; public housing agency.--The terms ``public housing'' and ``public housing agency'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (7) Residential mortgage loan.--The term ``residential mortgage loan'' includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1- to 4- families. ( B) Publication.--The Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau. d) Applications for Residential Mortgage Loans.--The Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application. f) Optional Completion of Voter Registration.--Nothing in this section may be construed to require any individual to complete a voter registration form. ( a) Acceptance of Applications.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1024, is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Acceptance of Applications From Individuals Under 18 Years of Age.-- ``(1) In general.--A State may not refuse to accept or process an individual's application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. ``(2) No effect on state voting age requirements.--Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.''. ( ``(a) In General.--Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. ``(2) The term `trafficking' means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), is amended-- (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: ``Sec. b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(2)''. ( Subtitle B--Access to Voting for Individuals With Disabilities SEC. a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(b) Designation of Single State Office to Provide Information on Registration and Absentee Ballot Procedures for Voters With Disabilities in State.-- ``(1) In general.--Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. ``(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. ``(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials.--Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. ``(4) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(d) Transmission of Blank Absentee Ballots by Mail and Electronically.-- ``(1) In general.--Each State shall establish procedures-- ``(A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and ``(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. ``(3) Application of methods to track delivery to and return of ballot by individual requesting ballot.--Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 306, January 1, 2022.''. ( is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. ( as amended by section 1031(a), section 1044(a), and section 1101(a), is amended-- (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: ``SEC. ``(b) Partnership With Outside Technical Organization.--The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to-- ``(1) update an existing election website to make it fully accessible in accordance with this section; or ``(2) develop an election website that is fully accessible in accordance with this section. ``(2) Committee membership.--The committee shall comprise at least the following individuals: ``(A) The chief election officials of the four most populous jurisdictions within the State. ``(G) Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). ``(4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). ``(9) A mental health organization. ``(2) Individual with a disability.--The term `individual with a disability' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), and who is otherwise qualified to vote in elections for Federal office. ``(3) Older individual.--The term `older individual' means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office.''. ( b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b), is amended by striking ``section 306'' and inserting ``sections 306 and 307''. ( ``(b) Clarification.--Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2024.''. ( (3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), and section 1102(c), is amended-- (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: ``Sec. 2) Conforming amendments relating to references.--The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq. 3) Short title amendment.-- (A) In general.--Section 1 of the ``Voting Accessibility for the Elderly and Handicapped Act'' (Public Law 98-435; 42 U.S.C. 1973ee note) is amended by striking ``for the Elderly and Handicapped'' and inserting ``for Individuals with Disabilities and Older Individuals''. (B) References.--Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ``Voting Accessibility for the Elderly and Handicapped Act'' shall be deemed to be a reference to the ``Voting Accessibility for Individuals with Disabilities and Older Individuals Act''. ( 4) Effective date.--The amendments made by this subsection shall take effect on January 1, 2024, and apply to with respect to elections for Federal office held on or after that date. (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking ``and 308'' and inserting ``308, and 309''. ( a) Purposes of Payments.--Section 261(b) of the Help America Vote Act of 2002 (52 U.S.C. b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: ``(4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part.''. ( c) Period of Availability of Funds.--Section 264 of such Act (52 U.S.C. ``(2) Reallocation of transferred amounts.-- ``(A) In general.--The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. ``(B) Covered payment recipients described.--In subparagraph (A), a `covered payment recipient' is a State or unit of local government with respect to which-- ``(i) amounts were appropriated pursuant to the authority of subsection (a); and ``(ii) no amounts were transferred to the Commission under paragraph (1).''. (a) Inclusion of System Serving American Indian Consortium.-- Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C. 21061(a)) is amended by striking ``of each State'' and inserting ``of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''. ( PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT RESIDENCES. (a) Establishment of Pilot Programs.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. ( 2) Deadline.--A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. ( (d) Timing.--The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. ( 2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines-- (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. ( 5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. ( (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. ( a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(b) Minimum Early Voting Requirements.-- ``(1) In general.-- ``(A) Length of period.--The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. ``(B) Hours for early voting.--Each polling place which allows voting during an early voting period under subparagraph (A) shall-- ``(i) allow such voting for no less than 10 hours on each day during the period; ``(ii) have uniform hours each day for which such voting occurs; and ``(iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ``(B) Jurisdiction described.--A jurisdiction is described in this subparagraph if such jurisdiction-- ``(i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and ``(ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; ``(B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or ``(C) to limit a State or jurisdiction from offering early voting on the Monday before election day. ``(2) Availability in rural areas.--In the case of a jurisdiction that includes a rural area, the State or jurisdiction shall-- ``(A) ensure that polling places which allow voting during an early voting period under subsection (b) will be located in such rural areas; and ``(B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. Subject to subsection (c), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Limitation.--Nothing in this subsection shall be construed-- ``(A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or ``(B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. ``(f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. ( 21101(b)), as redesignated and amended by section 1101(b), is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote Act, June 30, 2022.''. ( a) In General.-- (1) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(a) Uniform Availability of Absentee Voting to All Voters.-- ``(1) In general.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. ``(C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot.--A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter's signature. ``(3) No effect on identification requirements for first- time voters registering by mail.--Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). ``(b) Due Process Requirements for States Requiring Signature Verification.-- ``(1) Requirement.-- ``(A) In general.--A State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). ``(ii) Exception.--Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. ``(3) Report.-- ``(A) In general.--Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: ``(i) The number of ballots invalidated due to a discrepancy under this subsection. ``(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or ``(B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual's signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. ``(c) Applications for Absentee Ballots.-- ``(1) In general.--In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ``(C) Rule of construction.--Nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). ``(4) Application for all future elections.-- ``(A) In general.--At the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. ``(ii) Prohibition on revocation based on failure to vote.--The treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election. ``(2) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. ``(g) Ballot Processing and Scanning Requirements.-- ``(1) In general.--Each State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. ``(2) Limitation.--Nothing in this subsection shall be construed-- ``(A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or ``(B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. ``(j) No Effect on Ballots Submitted by Absent Military and Overseas Voters.--Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (2) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1201(c), is amended-- (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: ``Sec. Same-day processing of ballots ``(a) In General.--The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. (2) Technical and conforming amendment.--The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. 2) Public notice and comment.--The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). ( ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended-- (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: ``SEC. BALLOT MATERIALS TRACKING PROGRAM. ``(c) State Program Requirements.--The requirements of this subsection are as follows: ``(1) Information on whether vote was accepted.--The information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. ``(B) Use of toll-free telephone number by officials without internet site.--In the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). 20302(a)) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). ( b) Balloting Materials Tracking Service.-- (1) In general.--Not later than January 1, 2024, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. ( (G) The date on which the post office processes the ballot. ( 4) Public availability of limited information.-- Information described in subparagraphs (E), (G), and (I) of paragraph (2) shall be made available to political parties and political organizations, free of charge, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned. ( (7) Authorization of appropriations.--There are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection. ( ``(a) Payments for Costs of Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 312(b)(1) (including costs incurred prior to the date of the enactment of this part). ``(2) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of-- ``(A) the number of jurisdictions in the State which are responsible for operating the program; and ``(B) $3,000. ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. ( ''; (2) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and (3) by inserting after the item relating to section 311 the following new item: ``Sec. a) Postmark Required for Ballots.-- (1) In general.--Chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: ``Sec. (3) Effective date.--The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. ( b) Greater Visibility for Ballots.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(b) Effective Date.--The requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2022.''. ( 3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), and section 1302(a), is amended-- (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: ``Sec. ``(b) Carriage of Election Mail.--Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. ``(c) No Postage Required for Completed Ballots.--Completed absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. This subsection applies to operational changes which include-- ``(1) removing or eliminating any mail collection box without immediately replacing it; and ``(2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. 2) Reimbursement of postal service for revenue forgone.-- Section 2401(c) of title 39, United States Code, is amended by striking ``sections 3217 and 3403 through 3406'' and inserting ``sections 3217, 3403 through 3406, and 3409''. ( ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), and section 1303(b) is amended-- (1) by redesignating sections 314 and 315 as sections 315 and 316, respectively; and (2) by inserting after section 313 the following new section: ``SEC. USE OF SECURED DROP BOXES FOR VOTED BALLOTS. ``(c) Accessibility.-- ``(1) Hours of access.-- ``(A) In general.--Except as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. ``(ii) Required number.--The required number is the greater of-- ``(I) 25 percent of the drop boxes required under subsection (d); or ``(II) 1 drop box. ``(C) Rule of construction.--If a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. In no case shall a jurisdiction have less than 1 drop box for any election for Federal office. ``(g) Timing of Scanning and Processing of Ballots.--For purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. ``(h) Posting of Information.--On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS. ``(B) Information reported.--The report under subparagraph (A) shall consist of the following: ``(i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election by each unit of local government within the State that will transmit absentee ballots. ``(ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. ``(D) Format.--The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. 20307) is amended to read as follows: ``SEC. ``(c) State as Only Necessary Defendant.--In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.''. ( 20302(a)) is amended to read as follows: ``(8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g);''. ( b) Ballot Transmission Requirements and Repeal of Waiver Provision.--Subsection (g) of section 102 of such Act (52 U.S.C. 20302(g)) is amended to read as follows: ``(g) Ballot Transmission Requirements.-- ``(1) In general.--For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: ``(A) Transmission deadline.--The State shall transmit the absentee ballot not later than 46 days before the election. ``(ii) Extended failure.--If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall-- ``(I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and ``(II) in any other case, provide for the return of such ballot by express delivery. ``(iv) Exception.--Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. ``(2) Requests received after 47th day before election.-- For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request.''. a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows: ``SEC. ``(b) Exception for Voters Changing Registration.--Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. 2) Presidential designee.--For purposes of this paragraph, the term ``Presidential designee'' means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)). (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL. (a) In General.--Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by striking ``general elections'' and inserting ``general, special, primary, and runoff elections''. ( Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302), as amended by sections 1302 and 1405, is amended by adding at the end the following new subsection: ``(j) Treatment of Post Card Registrations.--A State shall not remove any absent uniformed services voter or overseas voter who has registered to vote using the official post card form (prescribed under section 101) from the official list of registered voters except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 (52 U.S.C. 20507).''. (a) In General.--Not later than 1 year of enactment of this Act, the Presidential designee shall submit to Congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for Federal elections. ( b) Presidential Designee.--For purposes of this section, the term ``Presidential designee'' means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)). 21111) is amended-- (1) by striking ``The Attorney General'' and inserting ``(a) In General.--The Attorney General''; and (2) by adding at the end the following new subsections: ``(b) Filing of Complaints by Aggrieved Persons.--A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. ``(c) Availability of Private Right of Action.--Any person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual's right to a voter- verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. ``(d) No Effect on State Procedures.--Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.''. ( b) Effective Date.--The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. ``(B) Applicable individual.--For purposes of subparagraph (A), the term `applicable individual' means, with respect to any election for Federal office, any individual-- ``(i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and ``(ii) whose voter registration address has not changed since such most recent past election for Federal office. ``(C) Methods of notification.--The appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail. ``(3) Notice with respect to closed polling places.-- ``(A) In general.--If a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: ``(i) A statement that the location is not serving as a polling place in the election. ``(iv) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. (b) Conforming Amendment.--Section 302(e) of such Act (52 U.S.C. 21082(e)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsection (d)(4), each State''. 2) Provision of mail-in and absentee ballots.--The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address.--The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter's precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. 10503), as amended by subsection (b). ( C) Indian lands.--The term ``Indian lands'' includes-- (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq. ), 1602)); (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. ( B) Private right of action.-- (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). ( b) Bilingual Election Requirements.--Section 203 of the Voting Rights Act of 1965 (52 U.S.C. ``(2) Exceptions.-- ``(A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall be required only to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. ``(B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall be required only to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. ``(3) Written translations for election workers.-- Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform.''. ( Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by striking ``and American Samoa'' and inserting ``American Samoa, and the Commonwealth of the Northern Mariana Islands''. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO TERRITORIES OF THE UNITED STATES. ( b) Help America Vote Act of 2002.-- (1) Coverage of commonwealth of the northern mariana islands.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. ( (3) Conforming amendment relating to consultation of help america vote foundation with local election officials.--Section 90102(c) of title 36, United States Code, is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. b) Interference by Government Employees.--Section 595 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. ( ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), and section 1305(a), is amended-- (A) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (B) by inserting after section 314 the following new section: ``SEC. ``(C) The number of voters registered. ``(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(H) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(b) Limiting Variations on Number of Hours of Operation of Polling Places Within a State.-- ``(1) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. ``(B) Permitting variance on basis of population.-- Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. ``(c) Effective Date.--This section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection.''. ( 3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended-- (A) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (B) by inserting after the item relating to section 314 the following new item: ``Sec. (b) Study of Methods to Enforce Fair and Equitable Waiting Times.-- (1) Study.--The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. ( as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(1), is amended-- (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: ``SEC. ``(a) Prohibition.--A State may not-- ``(1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or ``(2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(3), is amended-- (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: ``Sec. 20930) is amended-- (1) by striking ``for each of the fiscal years 2003 through 2005'' and inserting ``for fiscal year 2021 and each succeeding fiscal year''; and (2) by striking ``(but not to exceed $10,000,000 for each such year)''. b) Improvements to Administrative Complaint Procedures.-- (1) Review of procedures.--The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 (52 U.S.C. 21112) for the investigation and resolution of allegations of violations of title III of such Act. ( (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. DEFINITION OF ELECTION FOR FEDERAL OFFICE. ( a) In General.--Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). ( 4) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). ( b) No Effect on Preclearance or Other Requirements Under Voting Rights Act.--The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act. ( To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. a) Amendment to Help America Vote Act of 2002.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(a) In General.--To the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of the enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(3), and section 1608(b), is amended-- (1) by redesignating the items relating to sections 317 and 318 as relating to sections 318 and 319, respectively; and (2) by inserting after the item relating to section 316 the following new item: ``Sec. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. ( 2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. ( (5) State disenfranchisement laws vary widely. Twenty-eight states disenfranchise certain individuals on felony probation or parole. 7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. (8) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. 9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. In 9 States--Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)--more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. ( 13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Models of successful re-entry for persons convicted of a crime emphasize the importance of community ties, feeling vested and integrated, and prosocial attitudes. Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. That right stems from the basic precept of justice ``that punishment for crime should be graduated and proportioned to [the] offense.'' For example, a number of states mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions, even where the convictions were for non-violent offenses. In these States, the non-payment of fines and fees is a basis on which probation or parole can be extended. Moreover, these states sometimes do not record the basis on which an individual's probation or parole was extended, making it impossible to determine from the State's records whether non- payment of fines and fees is the reason that an individual remains on probation or parole. b) Private Right of Action.-- (1) In general.--A person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. ( a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall-- (A) notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual-- (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021; and (ii) may register to vote in any such election; and (B) provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). ( b) Federal Notification.-- (1) Notification.--Any individual who has been convicted of a criminal offense under Federal law-- (A) shall be notified in accordance with paragraph (2) that such individual-- (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021; and (ii) may register to vote in any such election; and (B) shall be provided with any materials that are necessary to register to vote in any such election. B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. For purposes of this subtitle: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. ( 3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. ( (b) Certain Federal Acts.--The rights and remedies established by this subtitle-- (1) are in addition to all other rights and remedies provided by law, and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) a) Requirement to Provide Identification as Condition of Receiving Ballot.--Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Voter Identification Requirements.-- ``(1) Voter identification requirement defined.--For purposes of this subsection: ``(A) In general.--The term `voter identification requirement' means any requirement that an individual desiring to vote in person in an election for Federal office present identification as a requirement to receive or cast a ballot in person in such election. ``(B) Exception.--Such term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). ``(3) Rules for provisional ballot.-- ``(A) In general.--A individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity. ``(B) Prohibition on other requirements.--Except as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individuals described in paragraph (2)(C). ``(E) No exemption.--Notwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). ``(F) Rule of construction.-- ``(i) In general.--Nothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph (A) to cast a regular ballot in lieu of a provisional ballot. ``(ii) Regular ballot.--For purpose of this subparagraph, the term `regular ballot' means a ballot which is cast and counted in same manner as ballots cast by individuals meeting the voter identification requirement (and all other applicable requirements with respect to voting in the election). ``(4) Development and use of pre-printed version of statement by commission.-- ``(A) In general.--The Commission shall develop pre-printed versions of the statements described in paragraphs (2)(B)(i) and (3)(A) which include appropriate blank spaces for the provision of names and signatures. ``(B) Applicable date.--For purposes of this paragraph, the term `applicable date' means the later of-- ``(i) January 1, 2022, or ``(ii) the first date after the date of the enactment of this subsection for which the State or local jurisdiction has in effect a voter identification requirement. ``(6) Applicable identifying document.--For purposes of this subsection-- ``(A) In general.--The term `applicable identifying document' means, with respect to any individual, any document issued to such individual containing the individual's name. ``(B) Included documents.--The term `applicable identifying document' shall include any of the following (so long as that document has not expired or, if expired, expired no earlier than four years before the date of presentation): ``(i) A driver's license or an identification card issued by a State, the Federal Government, or a State or federally recognized Tribal government. ``(iii) A United States passport or passport card. ``(xiii) A identification card issued to the individual by the Temporary Assistance for Needy Families (TANF) program. ``(xviii) A bank statement issued within six months of the date of the election. (2) Amount of payment.--The amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ( c) Conforming Amendments.--Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is amended-- (1) in clause (i), by striking ``in person'' and all that follows and inserting ``in person, presents to the appropriate State or local election official an applicable identifying document (as defined in subsection (c)(6)); or''; and (2) in clause (ii), by striking ``by mail'' and all that follows and inserting ``by mail, submits with the ballot an applicable identifying document (as so defined).''. ( 21083(d)(2)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Voter identification requirements.--Each State and jurisdiction shall be required to comply with the requirements of subsection (c) with respect to elections for Federal office held on or after January 1, 2022.''. Subtitle J--Voter List Maintenance Procedures PART 1--VOTER CAGING PROHIBITED SEC. c) Enforcement.-- (1) Civil enforcement.-- (A) In general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. ( B) Private right of action.-- (i) In general.--A person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (ii) Relief.--Except as provided in clause (iii), if the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. ( d) No Effect on Related Laws.--Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. ( ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(B) Opportunity to demonstrate eligibility.--The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. ( 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. ( c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. ( If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. ( Hindering, interfering with, or preventing registering to vote.''. ( c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. TITLE III--PREVENTING ELECTION SUBVERSION Subtitle A--Restrictions on Removal of Election Administrators SEC. a) Findings.--Congress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. ( As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to ``insure free and fair elections,'' promote the uniform administration of Federal elections, and ``preserve and restore to the people their equal and sacred rights of election.''. ( As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. ( at 366-67, even if these alterations would impose additional costs on the States to execute or enforce. Ex parte Siebold, 100 U.S. 371, 387 (1879). (8) The fair and impartial administration of Federal elections by State and local officials is central to ``the successful working of this government,'' Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to ``protect the act of voting . . . 11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections. ( ``[C]onditioning continued public employment on an employee's having obtained support from a particular political party violates the First Amendment because of the coercion of belief that necessarily flows from the knowledge that one must have a sponsor in the dominant party in order to retain one's job,'' Rutan v. Republican Party of Illinois, 497 U.S. 62, 71 (1990), which is a particularly pernicious pressure in the fair and neutral administration of elections. (2) Private right of action.-- (A) In general.--Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. B) Statute of limitations.--Any action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. ( (4) Removal of state proceedings to federal court.--A local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. B) Right to intervene.--The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Review.--In reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator. ( D) Statewide election administrator.--The term ``statewide election administrator'' means, with respect to a State-- (i) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (ii) a legislative entity with the authority to suspend, remove, or relieve a local election administrator. ( Subtitle B--Increased Protections for Election Workers SEC. ``(c) Penalty.--Any person who violates subsection (a) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.''. ( Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. Subtitle C--Prohibiting Deceptive Practices and Preventing Voter Intimidation SEC. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. ``(5) Election described.--An election described in this paragraph is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. ( In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. ( 2) Conforming amendments.--Section 2004 of the Revised Statutes (52 U.S.C. 10101) is amended-- (A) in subsection (e), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''; and (B) in subsection (g), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. ( ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(e) Election Described.--An election described in this subsection is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.''. ( 2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. ( (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''. (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. ( 2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. ( (a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election. ( 10101(c)(2)), as added by section 3202(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 3202(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. ( iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. ( 10101(b)), as added by section 3202(b), is amended-- (1) by striking ``Any person'' and inserting the following: ``(A) In general.--Any person''; and (2) by adding at the end the following new subparagraph: ``(B) Intimidation, etc.-- ``(i) In general.--A person aggrieved by a violation of subsection (b)(1) shall include, without limitation, an officer responsible for maintaining order and preventing intimidation, threats, or coercion in or around a location at which voters may cast their votes. . MAKING INTIMIDATION OF TABULATION, CANVAS, AND CERTIFICATION EFFORTS A CRIME. 20511) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; and (2) by adding at the end the following new subparagraph: ``(D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or''. Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended-- (1) by striking ``Every officer'' and inserting the following: ``(a) In General.--Every officer''; (2) by striking ``records and papers'' and inserting ``records (including electronic records), papers, and election equipment'' each place the term appears; (3) by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''; (4) by inserting ``(but only under the direct administrative supervision of an election officer). ``(c) Guidance.--Not later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). PENALTIES; INSPECTION; NONDISCLOSURE; JURISDICTION. (a) Expansion of Scope of Penalties for Interference.--Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended-- (1) by inserting ``, or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of,'' after ``or alters''; and (2) by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''. ( c) Nondisclosure.--Section 304 of the Civil Rights Act of 1960 (52 U.S.C. 20704) is amended by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''. ( ``(a) Cause of Action.--The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. b) Retrogression.--A government may not diminish the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest. ( (a) Civil Action.--An action challenging a violation of the rights created by this subtitle may be brought in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. b) Standards to Be Applied.--In a civil action under this section, the following shall apply: (1) Retrogression.-- (A) A plaintiff establishes a prima facie case of retrogression under section 4401(b) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote. ( (2) Substantial impairment.-- (A) A plaintiff establishes a prima facie case of substantial impairment under section 4401(c) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action substantially impairs the ability, or makes it substantially difficult, to vote. ( d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by striking ``or section 40302'' and inserting ``section 40302''; and (2) by striking ``, the court'' and inserting ``, or section 4402(a) of the Freedom to Vote Act, the court''. RULES OF CONSTRUCTION. ( b) Other Rights and Remedies.--Nothing in this subtitle shall be construed as indicating an intent on the part of Congress to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law. ( If any provision of this subtitle or the application of such provision to any citizen or circumstance is held to be unconstitutional, the remainder of this subtitle and the application of the provisions of such to any citizen or circumstance shall not be affected thereby. a) Grants by Election Assistance Commission.-- (1) In general.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. ( (3) Access and cultural considerations.--The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. ( c) Amount of Grant.-- (1) In general.--The amount of a grant made to a State under this section shall be equal to the product of-- (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined.--In paragraph (1), the ``voting age population percentage'' for a State is the quotient of-- (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). ( 2) Reports by commission.--Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. ( In this subtitle, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) ``(2) Prohibition on challenges on or near date of election.--No person, other than a State or local election official, shall be permitted-- ``(A) to challenge an individual's eligibility to vote in an election for Federal office on Election Day on grounds that could have been made in advance of such day, or ``(B) to challenge an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022.''. ( 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1303, is amended by striking ``and 313'' and inserting ``313, and 303A''. ( During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. (3) Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters' political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their Constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health. ``(a) Prohibition.--Subject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. ``(b) Exception.--A State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking ``and 303A'' and inserting ``303A, and 317''. ( Congress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as ``shell companies,'' to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. 3) Since the Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. ( a) Initial Notice.-- (1) In general.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. ``(B) Exceptions.-- ``(i) Contacts in official capacity as elected official.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. ``(ii) Contacts for purposes of enabling observation of elections by international observers.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. ``(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements.--A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. ``(ii) Clarification regarding application to citizens of the united states.--In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause (I) of clause (i). ``(4) Immediate family member.--In this subsection, the term `immediate family member' means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. ( a) In General.--Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection: ``(j) Reportable Foreign Contacts Compliance Policy.-- ``(1) Reporting.--Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. ``(2) Retention and preservation of records.--Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. ( b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after the date of the enactment of this Act. (2) Transition rule for existing committees.--Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs: ``(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. (b) Elements.--Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. ( 2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. ( Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter- Verifiable Permanent Paper Ballot SEC. a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows: ``(2) Paper ballot requirement.-- ``(A) Voter-verifiable paper ballots.-- ``(i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter's vote selections that shall be marked by the voter and presented to the voter for verification before the voter's ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. ``(iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote selections. ``(B) Preservation as official record.--The individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. ``(ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. ``(D) Sense of congress.--It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility.''. ( ``(C) Sufficient number.--For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the United States Access Board) and the Commission.''. ( ``(a) Grants to Study and Report.--The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop-- ``(1) accessible and secure remote voting systems; ``(2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or ``(3) both of the matters described in paragraph (1) and (2). ``(d) Coordination With Grants for Technology Improvements.--The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. c) Clarification of Accessibility Standards Under Voluntary Voting System Guidance.--In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. ( 21062(a)) is amended by striking ``; except that'' and all that follows and inserting a period. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph: ``(7) Durability and readability requirements for ballots.-- ``(A) Durability requirements for paper ballots.-- ``(i) In general.--All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. (b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). ``(9) Prohibiting connection of system to the internet.--No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time.''. 21081(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. ``(2) Special rule for certain requirements.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. ``(III) Posting of notice.--The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. ``(IV) Training of election officials.--The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. ``(C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections.-- ``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2022' were a reference to `the applicable year', but only with respect to the following requirements of this section. ``(iii) Applicable year.-- ``(I) In general.--Except as provided in subclause (II), the term `applicable year' means 2026. ``(II) Extension.--If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term `applicable year' means 2030.''. (a) Availability of Grants.-- (1) In general.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq. ), as amended by section 1302(c), is amended by adding at the end the following new part: ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS ``SEC. ``(2) Definition of grandfathered voting system.--In this subsection, the term `grandfathered voting system' means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). ``(b) Amount of Payment.-- ``(1) In general.--The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(5) Requirement relating to purchase of accessible voting systems.--An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). ``(3) A security risk and vulnerability assessment of the State's election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2021) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. ``(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure (as so defined) or designates as critical to the operation of the State's election infrastructure (as so defined). ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a description of how the State will use the grant to carry out the activities authorized under this part; ``(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and ``(3) such other information and assurances as the Commission may require. 298C. REPORTS TO CONGRESS. 298D. AUTHORIZATION OF APPROPRIATIONS. 2) Clerical amendment.--The table of contents of such Act, as amended by section 1402(c), is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements ``Sec. (b) Qualified Election Infrastructure Vendors.-- (1) In general.--The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). ( B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. ( (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. ( F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. ( (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). ( J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (B) Contents of notifications.--Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. ( B) Chief state election official.--The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. ( F) State.--The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). ``(2) Rule of construction.--Nothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote. ``(3) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022. ``(g) Additional Conditions Prohibited.--If an individual in a State is eligible to cast a provisional ballot as provided under this section, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot.''. ( ``(a) Definitions.--In this section: ``(1) Post-election audit.--Except as provided in subsection (c)(1)(B), the term `post-election audit' means, with respect to any election contest, a post-election process that-- ``(A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; ``(B) will not change the outcome if the reported outcome is the correct outcome; and ``(C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. ``(2) Reported outcome; correct outcome; outcome.-- ``(A) Reported outcome.--The term `reported outcome' means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. ``(B) Correct outcome.--The term `correct outcome' means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. ``(b) Requirements.-- ``(1) In general.-- ``(A) Audits.-- ``(i) In general.--Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). ``(2) Audit requirements.-- ``(A) Rules and procedures.-- ``(i) In general.--Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. ``(IV) Methods to ensure that any cast vote records used in a post- election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. ``(iv) Report made available by commission.--After receiving any report submitted under clause (i), the Commission shall make such report available on its website. ``(3) Effective date; waiver.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2032 and for each subsequent election for Federal office. ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ``(c) Phased Implementation.-- ``(1) Post-election audits.-- ``(A) In general.--For the regularly scheduled elections for Federal office occurring in 2024 and 2026, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. ``(3) States that administer post-election audits for all contests.--A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b).''. (b) Clerical Amendment.--The table of contents for such Act, as amended by section 3601, is amended by inserting after the item relating to section 303A the following new item: ``Sec. c) Study on Post-election Audit Best Practices.-- (1) In general.--The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. ( 20962) is amended-- (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: ``(a) Voluntary Voting System Guidelines.--The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ''; ``(2) Special rule for initial guidelines.--The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. ``(2) Electronic poll book defined.--The term `electronic poll book' means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used-- ``(A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and ``(B) to identify registered voters who are eligible to vote in an election. b) Providing for Certification of Electronic Poll Books and Remote Ballot Marking System.--Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and (2), by inserting ``, electronic poll books, and remote ballot marking systems'' after ``software''. ``(a) Requiring States to Submit Reports.--Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. ``(b) Effective Date.--Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office''. ( 21081(a)), as amended by section 3904 and section 3906, is further amended by adding at the end the following new paragraph: ``(10) Voting machine requirements.-- ``(A) Manufacturing requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. ``(B) Assembly requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT TITLE V--NONPARTISAN REDISTRICTING REFORM SEC. BAN ON MID-DECADE REDISTRICTING. A State that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq. ), b) Ranked Criteria.--Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population. ( (3)(A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. ( A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community's inclusion in a single congressional district. ( (2) Determination of effect.--The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. ( C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. ( If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party's candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of 7 percent or one congressional district, whichever is greater, as determined by standard quantitative measures of partisan fairness that relate a party's share of the statewide vote to that party's share of seats. (C) Presumption of violation.--A plan is presumed to violate paragraph (1) if it exceeds the threshold described in clause (ii) of subparagraph (B) with respect to 2 or more of the 4 elections assessed under such subparagraph. ( E) No effect on other assessments.--The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect of the plan under paragraph (2). (4) Determination of intent.--A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. ( d) Factors Prohibited From Consideration.--In developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 5004(c): (1) The residence of any Member of the House of Representatives or candidate. ( (e) Additional Criteria.--A State may not rely upon criteria not set forth in this section to justify non-compliance with the requirements of this section. ( 2) Date of enactment.--This section applies to any congressional redistricting plan that would be, or is, in effect after the date of enactment of this Act, regardless of the date of enactment by the State of the congressional redistricting plan. ( (2) Website.-- (A) Features.--The entity shall maintain a public Internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). ( B) Searchable format.--The entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. ( (b) Development of Plan.-- (1) Hearings.--The entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall-- (A) be held in different regions of the State and streamed live on the public Internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. ( (c) Written Evaluation of Plan Against External Metrics.--The entity responsible for developing and adopting the congressional redistricting plan for a State shall include with each redistricting plan voted upon by such entity, or a committee of such entity, and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 5003(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c). ( (a) Deadline for Enactment of Plan.--Each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of-- (1) the deadline set forth in State law; (2) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (3) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. ( (c) Applicable Venue.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). ( d) Procedures for Development of Plan.-- (1) Criteria.--In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003. ( (3) Hearing; public participation.--In developing a redistricting plan for a State, the court shall-- (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. ( e) Publication of Plan.-- (1) Public availability of initial plan.--Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5004(c)). ( (f) Use of Interim Plan.--In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. a) Civil Enforcement.-- (1) Actions by attorney general.--The Attorney General may bring a civil action for such relief as may be appropriate to carry out this title. (2) Availability of private right of action.--Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this title, with respect to the State's congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. ( The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action, except that the applicable venue for a civil action that includes a claim that a redistricting plan is in violation of section 5003(c) shall be the District of Columbia. (5) Use of 3-judge court.--If an action under this section raises statewide claims under the Constitution or this title, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. ( b) Expedited Consideration.--In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. B) Prohibiting use of plans in violation of requirements.--No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title. 2) No stay pending appeal.--Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. ( B) Failure of district court to take timely action.--If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. ( d) Attorney's Fees.--In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws.-- (1) Rights and remedies additional to other rights and remedies.--The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). ( 2) Voting rights act of 1965.--Nothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). ( (2) Claims not within the original or supplemental jurisdiction.--If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed. b) Application to Apportionment Resulting From 2020 Decennial Census.--Notwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act. PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN ELECTIONS SEC. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL ELECTIONS. ( is amended by inserting after section 319 the following new section: ``SEC. ``(2) Procedures.--In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. ``(c) Definitions.--As used in this section: ``(1) The term `Federal election cycle' means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. ``(2) The term `illicit foreign money' means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section.''. ( a) Disbursements Described.--Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. b) Table of Sections.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 2001(b) and section 3101(b), is amended by inserting after the item relating to section 612 the following: ``614. (a) In General.--Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows: ``SEC. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED ORGANIZATIONS. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that-- ``(i) identifies each beneficial owner by name and current residential or business street address; and ``(ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. ``(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be calendar year 2022. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be calendar year 2022. ``(G) Such other information as required in rules established by the Commission to promote the purposes of this section. ``(3) Exceptions.-- ``(A) Amounts received in ordinary course of business.--The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. ``(C) Threat of harassment or reprisal.--The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. ``(4) Other definitions.--For purposes of this section: ``(A) Beneficial owner defined.-- ``(i) In general.--Except as provided in clause (ii), the term `beneficial owner' means, with respect to any entity, a natural person who, directly or indirectly-- ``(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or ``(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. ``(iii) Anti-abuse rule.--The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). ``(2) Treatment as separate segregated fund.--A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. ``(c) Filing.--Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. ``(C) An electioneering communication, as defined in section 304(f)(3). ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. ``(2) Exclusions.--The term `covered transfer' does not include any of the following: ``(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. ``(B) A disbursement made by a covered organization if-- ``(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and ``(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. ``(B) Determination of amount of certain payments among affiliates.--In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. ``(C) Description of transfers between affiliates.--A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- ``(i) one of the organizations is an affiliate of the other organization; or ``(ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign- related disbursements. ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. ``(g) No Effect on Other Reporting Requirements.--Except as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.''. ( (c) Regulations.--Not later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by paragraph (1)). a) Findings.--Congress makes the following findings: (1) A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. (3) The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. 6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016. ( Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(C) Intent not required.--A disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement.''. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. a) In General.--Title IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) ``(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. ``(c) Intervention by Members of Congress.--In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. ``For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. ( (c) Effective Date.--The amendments made by this section shall apply to actions brought on or after January 1, 2021. 2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. ( 6) As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo, 424 U.S. 1 (1976), ``disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist.'' 558 U.S. 310, 369 (2010). ( 9) The reach of a few large internet platforms--larger than any broadcast, satellite, or cable provider--has greatly facilitated the scope and effectiveness of disinformation campaigns. And the most-watched television broadcast in United States history had 118,000,000 viewers. ( 11) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. ( 14) In testimony before the Senate Select Committee on Intelligence titled, ``Disinformation: A Primer in Russian Active Measures and Influence Campaigns'', multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide ``platform[s] practically purpose-built for active measures[.]'' Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras.''. ( 15) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians ``exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment *** as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders.''. ( According to the company, the ads purchased focused ``on amplifying divisive social and political messages ***''. ( With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election's 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference.''. ( 21) A 2020 study by researchers at New York University found undisclosed political advertisement purchases on a large social media platform by a Chinese state media company in violation of that platform's supposed prohibitions on foreign spending on ads of social, national, or electoral importance. ( The Commission concluded that Russian interference in the 2016 election was and still is possible, ``because the FECA, which establishes rules for transparency in television, radio, and print media political advertising, has not been amended to extend the same political advertising requirements to internet platforms,'' and that ``[a]pplying these standards across all media of communication would, among other things, increase transparency of funding for political advertisements, which would in turn strengthen regulators' ability to reduce improper foreign influence in our elections.'' ( 24) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. (26) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People's Republic of China. 28) The Federal Election Commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public's right to be fully informed about political advertisements made online. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION. ( a) In General.--Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ``or satellite communication'' and inserting ``satellite, paid internet, or paid digital communication''. ( (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). ( a) Expansion to Online Communications.-- (1) Application to qualified internet and digital communications.-- (A) In general.--Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or satellite communication'' each place it appears in clauses (i) and (ii) and inserting ``satellite, or qualified internet or digital communication''. ( 30104(f)) is amended by adding at the end the following new subparagraph: ``(D) Qualified internet or digital communication.--The term `qualified internet or digital communication' means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).''. ( 3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows: ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''. ( 30120(a)) is amended-- (1) by striking ``shall clearly state'' each place it appears in paragraphs (1), (2), and (3) and inserting ``shall state in a clear and conspicuous manner''; and (2) by adding at the end the following flush sentence: ``For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.''. ( ``(2) Safe harbor for determining clear and conspicuous manner.--A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: ``(A) Text or graphic communications.--In the case of a text or graphic communication, the statement-- ``(i) appears in letters at least as large as the majority of the text in the communication; and ``(ii) meets the requirements of paragraphs (2) and (3) of subsection (c). ``(C) Video communications.--In the case of a video communication which also includes audio, the statement-- ``(i) is included at either the beginning or the end of the communication; and ``(ii) is made both in-- ``(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and ``(II) an audible format that meets the requirements of subparagraph (B). (2) Nonapplication of certain exceptions.--The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). ( a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. ``(ii) Requirement relating to political ads sold by third party advertising vendors.-- An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. ``(B) Requirements for advertisers.--Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). ``(B) Exemption.--Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. ``(C) Third-party advertising vendor defined.--For purposes of this subsection, the term `third-party advertising vendor' includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. ``(4) Qualified political advertisement.--For purposes of this subsection, the term `qualified political advertisement' means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that-- ``(A) is made by or on behalf of a candidate; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(7) Penalties.--For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.''. ( (c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules-- (1) requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. ( d) Reporting.--Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on-- (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. 30121) is amended by adding at the end the following new subsection: ``(c) Responsibilities of Broadcast Stations, Providers of Cable and Satellite Television, and Online Platforms.-- ``(1) In general.--Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. ``(2) Definitions.--In this subsection-- ``(A) the term `online platform' has the meaning given such term in subsection (k)(3); and ``(B) the term ``qualified political advertisement' has the meaning given such term in subsection (k)(4).''. ( Subtitle C--Spotlight Act SEC. (a) Repeal of Regulations.--The final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. c) Modification to Discretionary Exceptions.--Section 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Discretionary exceptions.-- ``(i) In general.--Paragraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. ``(ii) Recommendations for other exceptions.--The Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose.''. TITLE VII--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Stopping Super PAC-Candidate Coordination SEC. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ``(c) Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments made in cooperation, consultation, or concert with candidates.--For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. ``(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate. ``(2) Applicable election period.--In paragraph (1)(C), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or ``(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(2) Joint and several liability.--Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission's action, whichever is later.''. ( 2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. ( This subtitle may be cited as the ``Restoring Integrity to America's Elections Act''. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel's determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel's determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. ``(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. ``(3)(A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. ``(B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. 2) Conforming amendment relating to initial response to filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended-- (A) in the third sentence, by striking ``the Commission'' and inserting ``the general counsel''; and (B) by amending the fourth sentence to read as follows: ``Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.''. ( ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law. ``(B)(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. ``(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.''. ( (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into account the amendments made by this section. Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end the following new sentence: ``In the event of a vacancy in the position of the General Counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the General Counsel until the vacancy is filled.''. b) Effective Date.--The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that end on or before December 31, 2023''. ( 30106(e)) is amended-- (1) by striking ``(e) The Commission'' and inserting ``(e)(1) The Commission''; and (2) by adding at the end the following new paragraph: ``(2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.''. a) Clarifying Authority.--Section 306(f)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by striking ``any action instituted under this Act, either (A) by attorneys'' and inserting ``any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys''. ( 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person's identification;''. ( b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act. 2) Treatment of certain complaints.--If, as of the date of the enactment of this Act, the General Counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) with respect to a complaint filed prior to the date of the enactment of this Act, this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this Act. a) Establishment.--There is established a program to be known as the ``State Democracy Promotion Program'' under which the Director of the Office of State Democracy Promotion shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). ( (2) Activities to ensure equitable access to democracy, including the following: (A) Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle. ( B) Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle. ( 4) Consultation with legislature.--The chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. ( e) State Report on Use of Allocations.--Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation. ( a) Contents.--A State plan under this section with respect to a State is a plan containing each of the following: (1) A description of the democracy promotion activities the State will carry out with the payment made under the Program. ( 4) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. ( (6) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities. ( B) The payment made to the State under the Program. ( (a) Prohibiting Use of Payments.--A State may not use a payment made under the Program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the United States to participate in the electoral process. ( b) State-based Administrative Complaint Procedures.-- (1) Establishment.--A State receiving a payment under the Program shall establish uniform and nondiscriminatory State- based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint. ( (4) Right to petition for review.-- (A) In general.--Any person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. ( B) Deadline to file petition.--Any petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3). ( (a) State-specific Amount.--The amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of-- (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State. ( c) Determination of Aggregate Amount Available for Allocations; Notification to States.--Not later than 120 days before the first day of each fiscal year, the Director-- (1) shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and (2) shall notify each State of the amount of the State's allocation under the Program for the fiscal year. ( (a) Direct Payments to States for Certain Activities Under State Plan.-- (1) Direct payment.--If the approved State plan of a State includes activities for which allocations are not made under subsections (b), (c), or (d), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to disburse amounts from the Trust Fund for payment to the State in the aggregate amount provided under the plan for such activities. ( b) Allocation to Election Assistance Commission for Payments to States for Certain Election Administration Activities.-- (1) Allocation.--If the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan. ( (3) Continuing availability of funds after appropriation.-- A payment made to a State by the Election Assistance Commission under this subsection shall be available without fiscal year limitation. ( c) Allocation to Federal Election Commission for Payments to Participating Candidates From State.--If the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. ( (2) Term of service.--The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. 2) Senior staff.--The Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. (3) Other staff.--In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule. ( d) Duties.--The duties of the Office are as follows: (1) Administration of program.--The Director shall administer the Program, in consultation with the Election Assistance Commission and the Federal Election Commission, including by holding quarterly meetings of representatives from such Commissions. ( (e) Coverage Under Inspector General Act of 1978 for Conducting Audits and Investigations.-- (1) In general.--Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) 2) Effective date.--The amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director. ( (3) Comments by the election assistance commission and the federal election commission.--The Election Assistance Commission and the Federal Election Assistance shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection. ( c) Use of Funds.--Amounts in the Trust Fund shall be used to make payments and allocations under the Program (as described in section 8012(a)) and to carry out the activities of the Office. ( (e) No Taxpayer Funds Permitted.--No taxpayer funds may be deposited into the Trust Fund. ( 4) Allocations to the Federal Election Commission, to be used for payments to States operating a Democracy Credit Program under part 1 of subtitle B, as described in section 8005(d). ( Special assessments for State Election Assistance and Innovation Trust Fund ``(a) Assessments.-- ``(1) Convictions of crimes.--In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (2) Clerical amendment.--The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3015. Special assessments for State Election Assistance and Innovation Trust Fund ``(a) Assessments.-- ``(1) Civil penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(3) Settlements.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. ``(2) Cross reference.--For application of special assessments for the State Election Assistance and Innovation Trust Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.''. ( ``(a) In General.--Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. ``(b) Covered Penalty.--For purposes of this section, the term `covered penalty' means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. ``(c) Exception for Certain Individuals.-- ``(1) In general.--In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. ``(e) Transfer to State Election Administration and Innovation Trust Fund.--The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. ( Section 9006 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Transfer of Balance to State Election Assistance and Innovation Trust Fund.--Effective December 31, 2021, the Secretary shall transfer from the fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the balance of the fund as of such date, reduced by the amount of any payments required to be made from the fund under section 9008(i).''. In this subtitle, the following definitions apply: (1) The term ``chief State election official'' has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 (52 U.S.C. 21003(e)). ( 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602)); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. ( 5) The term ``Office'' means the Office of State Democracy Promotion established under section 8005. ( (a) In General.--With respect to the calculation of any period of time for the purposes of a deadline in this subtitle, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday. ( a) Establishment.--The Federal Election Commission (hereafter in this part referred to as the ``Commission'') shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle. c) Reimbursement of Costs.-- (1) Reimbursement.--Upon receiving the report submitted by a State under section 8104(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the credit program under this part during the cycle. (2) Source of funds.--Payments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the ``Fund'') under section 8012, in the amount allocated with respect to the State under section 8005(d). ( (iii) No use of amounts from other sources.--In any case in which the Commission determines that the amount allocated to the State for making payments under this part is insufficient to make payments to the State under this part, moneys shall not be made available from any other source for the purpose of making such payments. ( 4) Cap on amount of payment.--The aggregate amount of payments made to any State with respect to two consecutive election cycles period may not exceed $10,000,000. (a) General Elements of Program.-- (1) Elements described.--The elements of a credit program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual's request with a credit worth $25 to be known as a ``Democracy Credit'' during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. ( B) Using the routing number assigned to the Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate. ( (2) Designation of qualified individuals.--For purposes of paragraph (1)(A), a ``qualified individual'' with respect to a State means an individual-- (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a Democracy Credit; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. ( b) Fraud Prevention Mechanism.--In addition to the elements described in subsection (a), a State operating a credit program under this part shall permit an individual to revoke a Democracy Credit not later than 2 days after submitting the Democracy Credit to a candidate. ( (d) Public Information Campaign.--In addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. ( 2) Report.--Not later than 1 year after the first election cycle for which States operate the program under this part, the Commission shall publish and submit to Congress a report on the study conducted under paragraph (1). In this part, the term ``election cycle'' means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. ``(b) Amount of Payment.--The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). ``(c) Limit on Aggregate Amount of Payments.--The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. ``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall be used to make payments under this title. ``(b) Restrictions on Submission of Requests.--A candidate may not submit a request under subsection (a) unless each of the following applies: ``(1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. ``(c) Time of Payment.--The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a). ``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or Penalties.--Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty. ``(a) In General.--In this title, the term `qualified small dollar contribution' means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: ``(1) The contribution is in an amount that is-- ``(A) not less than $1; and ``(B) not more than $200. ``(B) In this paragraph-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq. ), ``(3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. ``(b) Treatment of Democracy Credits.--Any payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Government By the People Act of 2021 shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). ``(B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period.--Subparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). ``(B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). ``(B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. ``(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). ``(5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest. ``(b) General Election.--Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. ``(c) Small Dollar Democracy Qualifying Period Defined.--The term `Small Dollar Democracy qualifying period' means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. ``(c) Verification of Contributions.--The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. ``(a) Deadline and Notification.-- ``(1) In general.--Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall-- ``(A) determine whether or not the candidate meets the requirements for certification as a participating candidate; ``(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and ``(C) notify the candidate of the Commission's determination. ``(2) Deemed certification for all elections in election cycle.--If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. ``(2) Existence of criminal sanction.--The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. ``(c) Voluntary Withdrawal From Participating During Qualifying Period.--At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. ``(d) Participating Candidate Defined.--In this title, a `participating candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. ``(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). ``(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. ``(c) Exceptions.-- ``(1) Exception for contributions received prior to filing of statement of intent.--A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are-- ``(A) returned to the contributor; ``(B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or ``(C) spent in accordance with paragraph (2). ``(3) Exception for campaign surpluses from a previous election.--Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. ``(4) Exception for contributions received before the effective date of this title.--Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). ``(f) Prohibition on Leadership PACs.-- ``(1) Prohibition.--A candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. ``(2) Status of existing leadership pacs.--If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(a) Separate Accounting for Various Permitted Contributions.-- Each authorized committee of a candidate certified as a participating candidate under this title-- ``(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and ``(2) shall provide for separate accounting for the payments received under this title. ``(2) Mandatory disclosure through internet.--Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. ``(a) Mandatory Spending of Available Private Funds.--An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). ``(b) Limitation.--Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission's determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. ``(b) Use of Funds.--A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. ``(a) In General.--A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: ``(1) The candidate is on the ballot for the general election for the office the candidate seeks. ``(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes-- ``(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; ``(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and ``(C) such other information and assurances as the Commission may require. ``(b) Limit.--The amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. ``(c) No Effect on Aggregate Limit.--The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). ``Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1). ``(b) Use of Allocations to Make Payments to Participating Candidates.-- ``(1) Payments to participating candidates.--The allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. ``(iii) No use of amounts from other sources.--In any case in which the Commission determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title, moneys shall not be made available from any other source for the purpose of making such payments. ``(c) Effective Date.--This section shall take effect on the date of the enactment of this title. ``(a) Administration Through Dedicated Division.-- ``(1) Establishment.--The Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title. ``(2) Appointment of director and staff.--Not later than June 1, 2022, the Commission shall appoint a director to head the division established under this section and such other staff as the Commission considers appropriate to enable the division to carry out its duties. VIOLATIONS AND PENALTIES. ``(a) Civil Penalty for Violation of Contribution and Expenditure Requirements.--If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). ``(2) Other action not precluded.--Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. ``(2) Candidates subject to criminal penalty.--A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. ``(d) Imposition of Criminal Penalties.--For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d). ``(b) Procedures.--The provisions of chapter 7 of title 5, United States Code, apply to judicial review under this section. ``(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). ``(6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). ``(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). ``(B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. ``(C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1).''. ( PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION. Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. DEADLINE FOR REGULATIONS. 2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. ( The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one's livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE. ( ``(B) Corresponding reduction in amount of salary paid to candidate.--To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. ``(3) Personal use services described.--The personal use services described in this paragraph are as follows: ``(A) Child care services. (a) Increase in Limit on Contributions to Candidates.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting ``exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000''. ( b) Elimination of Limit on Coordinated Expenditures.--Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking ``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection (a)(11)''. ( If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 125 117th CONGRESS 1st Session S. 2747 _______________________________________________________________________

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. ( Short title; statement of policy. PART 3--Promoting Internet Registration Sec. Use of internet to update registration information. Application of rules to certain exempt States. Permitting voter registration application form to serve as application for absentee ballot. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. GAO analysis and report on voting access for individuals with disabilities. Election mail and delivery improvements. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the federal write-in absentee ballot. Treatment of post card registration requests. Subtitle F--Enhancement of Enforcement Sec. Minimum notification requirements for voters affected by polling place changes. Application of Federal election administration laws to territories of the United States. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Clarification of exemption for States without voter registration. Relation to other laws. Subtitle J--Voter List Maintenance Procedures PART 1--Voter Caging Prohibited Sec. Subtitle B--Increased Protections for Election Workers Sec. Protection of election workers. Prohibition on deceptive practices in Federal elections. Strengthen protections for Federal election records. Subtitle F--Poll Worker Recruitment and Training Sec. Subtitle I--Establishing Duty to Report Foreign Election Interference Sec. Rule of construction. Paper ballot and manual counting requirements. Guidelines and certification for electronic poll books and remote ballot marking systems. Pre-election reports on voting system usage. Use of voting machines manufactured in the United States. TITLE VI--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--DISCLOSE Act Sec. Clarification of application of foreign money ban to certain disbursements and activities. Disbursements and activities subject to foreign money ban. Expansion of definition of public communication. Application of disclaimer statements to online communications. TITLE VII--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Stopping Super PAC-Candidate Coordination Sec. Clarification of treatment of coordinated expenditures as contributions to candidates. Subtitle B--Restoring Integrity to America's Elections Sec. Permanent extension of administrative penalty authority. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Establishment of program. Credit program described. Benefits and eligibility requirements for candidates. Subtitle C--Personal Use Services as Authorized Campaign Expenditures Sec. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Indeed, ``Congress has plenary and paramount jurisdiction over the whole subject'' of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power ``may be exercised as and when Congress sees fit'', and ``so far as it extends and conflicts with the regulations of the State, necessarily supersedes them''. (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: ``The United States shall guarantee to every State in this Union a Republican Form of Government[.]''. 3)(A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. ( (D) Congress also finds that ``the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise''. Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. ( Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age. (b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). ( To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. a) Short Title.--This title may be cited as the ``Voter Empowerment Act of 2021''. ( 2) Purpose.--It is the purpose of this part-- (A) to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State Governments to register all eligible citizens to vote with accurate, cost- efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. ``(a) Definitions.--In this section-- ``(1) Applicable agency.--The term `applicable agency' means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. ``(4) Eligible individual.--The term `eligible individual' means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. ``(b) Establishment.-- ``(1) In general.--The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. ``(3) Treatment of individuals under 18 years of age.--A State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. ``(ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. ``(B) Individuals with limited english proficiency.--In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. ``(ii) The individual's date of birth. ``(vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, information regarding the individual's affiliation or enrollment with a political party, but only if the individual provides such information. ``(G) Clarification.--Nothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. ``(3) Required availability of automatic registration opportunity with each application for service or assistance.-- Each applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. ``(d) Voter Protection.-- ``(1) Applicable agencies' protection of information.-- Nothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq. ): ``(III) Any portion of the individual's social security number. ``(VI) The individual's telephone number. ``(2) Transmission through secure third party permitted.-- Nothing in this section or in the Automatic Voter Registration Act of 2021 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. b) Conforming Amendments.-- (1) Section 4(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(a)(1)) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;.''. ( 3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of registration under section 5A, within the period provided in section 5A(b)(2);''. (a) Protections for Errors in Registration.--An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual's automatic registration to vote. ( c) Protection of Election Integrity.--Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who-- (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. ( 3) Security policy.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. B) Maintenance and updating.--The Director shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. ( 4) State compliance with national standards.-- (A) Certification.--The chief State election official of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (2) and (3). (D) Compliance of states that require changes to state law.--In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. ( e) Restrictions on Use of Information.--No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. ( (b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. ( c) Amount of Grant; Priorities.--The Commission shall determine the amount of a grant made to an eligible State under this section. (e) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to carry out this section-- (A) $3,000,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. ( 4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). ( In this part, the following definitions apply: (1) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. ( (b) Waiver.--If a State certifies to the Commission not later than January 1, 2023, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2023'' were a reference to ``January 1, 2025''. b) Conforming Amendment.--Section 241(b) of the Help America Vote Act of 2002 (52 U.S.C. 20981(b)) is amended-- (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (19) as paragraphs (10) through (18), respectively. ( PART 3--PROMOTING INTERNET REGISTRATION SEC. ``(3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). ``(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. ``(3) Notice.--The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). ``(B) Method of notification.--The appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and-- ``(i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and ``(ii) at the option of the individual, by text message. ``(e) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(h) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.''. ( 21083(b)) is amended-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Signature requirements for first-time voters using online registration.-- ``(A) In general.--A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if-- ``(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and ``(ii) the individual has not previously voted in an election for Federal office in the State. 3) Conforming amendment relating to effective date.-- Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking ``Each State'' and inserting ``Except as provided in subsection (b)(5), each State''. ( 2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. ( ``(C) Confirmation and disposition.-- ``(i) Confirmation of receipt.--Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the updated information and providing instructions on how the individual may check the status of the update. 2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. ( 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. ( ``(ii) If the individual is not assigned to vote in the election at a specific polling place-- ``(I) the name and address of locations at which the individual is eligible to vote; and ``(II) the hours of operation for those locations. ``(B) A description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph (A)(ii)(I) to vote in the election.''. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER. ( b) National Mail Voter Registration Form.--Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number;''. 20503) is amended by adding at the end the following new subsection: ``(c) Application of Internet Voter Registration Rules.-- Notwithstanding subsection (b), the following provisions shall apply to a State described in paragraph (2) thereof: ``(1) Section 6A (as added by section 1021(a) of the Voter Registration Modernization Act of 2021). Section 5(c) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State. ''; and (2) by adding at the end the following new paragraph: ``(3)(A) In the case of an individual who is treated as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F), such treatment shall remain effective until the earlier of such time as-- ``(i) the individual is no longer registered to vote in the State; or ``(ii) the individual provides an affirmative written notice revoking such treatment. ``(B) The treatment of an individual as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F) shall not be revoked on the basis that the individual has not voted in an election''. ``(a) In General.-- ``(1) Registration.--Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(d) Effective Date.-- ``(1) In general.--Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office. b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. ( a) In General.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it appears and inserting ``28 days''. ( a) Definitions.--In this section: (1) Bureau.--The term ``Bureau'' means the Bureau of Consumer Financial Protection. (2) Director.--The term ``Director'' means the Director of the Bureau of Consumer Financial Protection. ( including voucher assistance under section 542 of such title (42 U.S.C. 1490r); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). ( (7) Residential mortgage loan.--The term ``residential mortgage loan'' includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1- to 4- families. ( B) Publication.--The Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau. ( d) Applications for Residential Mortgage Loans.--The Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application. ( (f) Optional Completion of Voter Registration.--Nothing in this section may be construed to require any individual to complete a voter registration form. ( ``(2) No effect on state voting age requirements.--Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.''. ( ``(a) In General.--Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. ``(d) Definitions.--In this section: ``(1) The terms `domestic violence', `stalking', `sexual assault', and `dating violence' have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE SEC. b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(2)''. ( a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(b) Designation of Single State Office to Provide Information on Registration and Absentee Ballot Procedures for Voters With Disabilities in State.-- ``(1) In general.--Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. ``(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. ``(4) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(3) Application of methods to track delivery to and return of ballot by individual requesting ballot.--Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 306, January 1, 2022.''. ( (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), and section 1101(a), is amended-- (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: ``SEC. ``(b) Partnership With Outside Technical Organization.--The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to-- ``(1) update an existing election website to make it fully accessible in accordance with this section; or ``(2) develop an election website that is fully accessible in accordance with this section. ``(c) State Plan.-- ``(1) Development.--The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. ``(D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual. ``(4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). ``(9) A mental health organization. ``(2) Individual with a disability.--The term `individual with a disability' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), and who is otherwise qualified to vote in elections for Federal office. b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b), is amended by striking ``section 306'' and inserting ``sections 306 and 307''. ( (a) Requirement.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), 3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), and section 1102(c), is amended-- (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: ``Sec. (b) Revisions to Voting Accessibility for the Elderly and Handicapped Act.-- (1) Reports to election assistance commission.--Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(c)) is amended-- (A) in the subsection heading, by striking ``Federal Election Commission'' and inserting ``Election Assistance Commission''; (B) in each of paragraphs (1) and (2), by striking ``Federal Election Commission'' and inserting ``Election Assistance Commission''; and (C) by striking paragraph (3). ( 3) Short title amendment.-- (A) In general.--Section 1 of the ``Voting Accessibility for the Elderly and Handicapped Act'' (Public Law 98-435; 42 U.S.C. 1973ee note) is amended by striking ``for the Elderly and Handicapped'' and inserting ``for Individuals with Disabilities and Older Individuals''. ( (4) Effective date.--The amendments made by this subsection shall take effect on January 1, 2024, and apply to with respect to elections for Federal office held on or after that date. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP. ( b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking ``and 308'' and inserting ``308, and 309''. ( b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: ``(4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part.''. ( ``(2) Reallocation of transferred amounts.-- ``(A) In general.--The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. a) Inclusion of System Serving American Indian Consortium.-- Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C. 21061(a)) is amended by striking ``of each State'' and inserting ``of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''. ( (a) Establishment of Pilot Programs.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. ( d) Timing.--The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. ( (a) Analysis.--The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act-- (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. ( 5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. ( (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. ( ``(b) Minimum Early Voting Requirements.-- ``(1) In general.-- ``(A) Length of period.--The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. ``(B) Hours for early voting.--Each polling place which allows voting during an early voting period under subparagraph (A) shall-- ``(i) allow such voting for no less than 10 hours on each day during the period; ``(ii) have uniform hours each day for which such voting occurs; and ``(iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ``(B) Jurisdiction described.--A jurisdiction is described in this subparagraph if such jurisdiction-- ``(i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and ``(ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. ``(c) Location of Polling Places.-- ``(1) Proximity to public transportation.--To the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. Subject to subsection (c), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. b) Conforming Amendments Relating to Issuance of Voluntary Guidance by Election Assistance Commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote Act, June 30, 2022.''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended-- (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: ``Sec. a) In General.-- (1) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq. ), ``(C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot.--A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter's signature. ``(b) Due Process Requirements for States Requiring Signature Verification.-- ``(1) Requirement.-- ``(A) In general.--A State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). ``(B) Signature verification requirement described.--In this subsection, a `signature verification requirement' is a requirement that an election official verify the identification of an individual by comparing the individual's signature on the mail-in ballot or absentee ballot with the individual's signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). ``(ii) Exception.--Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. ``(3) Report.-- ``(A) In general.--Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: ``(i) The number of ballots invalidated due to a discrepancy under this subsection. ``(C) Federal election cycle defined.--For purposes of this subsection, the term `Federal election cycle' means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ``(C) Rule of construction.--Nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). ``(B) Duration of treatment.-- ``(i) In general.--In the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as-- ``(I) the individual is no longer registered to vote in the State; or ``(II) the individual provides an affirmative written notice revoking such treatment. ``(2) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. ``(g) Ballot Processing and Scanning Requirements.-- ``(1) In general.--Each State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. ``(2) Limitation.--Nothing in this subsection shall be construed-- ``(A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or ``(B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (2) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1201(c), is amended-- (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: ``Sec. ``(b) Definitions.--As used in this section-- ``(1) the term `ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. ( (2) Public notice and comment.--The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). ( as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended-- (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: ``SEC. ``(c) State Program Requirements.--The requirements of this subsection are as follows: ``(1) Information on whether vote was accepted.--The information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. ``(B) Use of toll-free telephone number by officials without internet site.--In the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). (2) Information tracked.--The balloting materials tracking service established under paragraph (1) shall provide to a voter the following information with respect to that voter: (A) In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. ( C) The date on which any such requested application was sent to the voter. ( 3) Method of providing information.--The balloting materials tracking service established under paragraph (1) shall allow voters the option to receive the information described in paragraph (2) through email (or other electronic means) or through the mail. ( (6) Presidential designee.--For purposes of this subsection, the term ``Presidential designee'' means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 30201). ( ``(a) Payments for Costs of Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 312(b)(1) (including costs incurred prior to the date of the enactment of this part). ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. ( 297A. Authorization of appropriations. ''; ( ``(b) Definitions.--As used in this section-- ``(1) the term `absentee ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. ( (3) Effective date.--The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. ( 2) Voluntary guidance.--Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103 and 1104, is amended by striking ``and 309'' and inserting ``309, and 313''. (3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), and section 1302(a), is amended-- (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: ``Sec. ``(b) Carriage of Election Mail.--Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. This subsection applies to operational changes which include-- ``(1) removing or eliminating any mail collection box without immediately replacing it; and ``(2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. b) Technical and Conforming Amendment.--The table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: ``3409. Domestic election mail; restriction of operational changes prior to elections.''. ( ``(c) Accessibility.-- ``(1) Hours of access.-- ``(A) In general.--Except as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. ``(ii) Required number.--The required number is the greater of-- ``(I) 25 percent of the drop boxes required under subsection (d); or ``(II) 1 drop box. ``(C) Rule of construction.--If a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. In no case shall a jurisdiction have less than 1 drop box for any election for Federal office. ``(g) Timing of Scanning and Processing of Ballots.--For purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. ``(h) Posting of Information.--On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. 20302(c)) is amended to read as follows: ``(c) Reports on Availability, Transmission, and Receipt of Absentee Ballots.-- ``(1) Pre-election report on absentee ballot availability.--Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 46 days before the election. ``(D) Format.--The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. a) Availability of Civil Penalties and Private Rights of Action.-- Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20307) is amended to read as follows: ``SEC. ``(c) State as Only Necessary Defendant.--In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.''. ( 20302(a)) is amended to read as follows: ``(8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g);''. ( ``(B) Special rules in case of failure to transmit on time.-- ``(i) In general.--If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. ``(v) Enforcement.--A State's compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows: ``SEC. ``(b) Exception for Voters Changing Registration.--Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. 2) Presidential designee.--For purposes of this paragraph, the term ``Presidential designee'' means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)). ( TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY AND OVERSEAS VOTER EMPOWERMENT ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE BALLOT. ( a) In General.--Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by striking ``general elections'' and inserting ``general, special, primary, and runoff elections''. ( PRESIDENTIAL DESIGNEE REPORT ON VOTER DISENFRANCHISEMENT. ( b) Presidential Designee.--For purposes of this section, the term ``Presidential designee'' means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)). ``(c) Availability of Private Right of Action.--Any person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual's right to a voter- verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. ``(d) No Effect on State Procedures.--Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.''. ( ``(B) Applicable individual.--For purposes of subparagraph (A), the term `applicable individual' means, with respect to any election for Federal office, any individual-- ``(i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and ``(ii) whose voter registration address has not changed since such most recent past election for Federal office. ``(C) Methods of notification.--The appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail. ``(2) Requirements for vote centers.--In the case of a jurisdiction in which individual are not assigned to specific polling places, not later than 2 days before the beginning of an early voting period, the appropriate election official shall notify each voter eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote. ``(3) Notice with respect to closed polling places.-- ``(A) In general.--If a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: ``(i) A statement that the location is not serving as a polling place in the election. (a) Accommodations Described.-- (1) Designation of ballot pickup and collection locations.--Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. 3) Use of designated building as residential and mailing address.--The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. 10503), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by subsection (b). ( D) 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. E) Tribal government.--The term ``Tribal Government'' means the recognized governing body of an Indian Tribe. ( iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). ( ``(2) Exceptions.-- ``(A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall be required only to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. ``(3) Written translations for election workers.-- Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform.''. ( 20310) are each amended by striking ``and American Samoa'' and inserting ``American Samoa, and the Commonwealth of the Northern Mariana Islands''. b) Help America Vote Act of 2002.-- (1) Coverage of commonwealth of the northern mariana islands.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. ( (3) Conforming amendment relating to consultation of help america vote foundation with local election officials.--Section 90102(c) of title 36, United States Code, is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. b) Interference by Government Employees.--Section 595 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. ( ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: ``(A) The voting age population. ``(G) The type of voting systems used. ``(b) Limiting Variations on Number of Hours of Operation of Polling Places Within a State.-- ``(1) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. ``(B) Permitting variance on basis of population.-- Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (3) Clerical amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended-- (A) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (B) by inserting after the item relating to section 314 the following new item: ``Sec. b) Study of Methods to Enforce Fair and Equitable Waiting Times.-- (1) Study.--The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. ( ``(a) Prohibition.--A State may not-- ``(1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or ``(2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. b) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(3), is amended-- (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: ``Sec. 21112) for the investigation and resolution of allegations of violations of title III of such Act. ( DEFINITION OF ELECTION FOR FEDERAL OFFICE. ( ``For purposes of titles I through III, the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. ( 4) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ( b) No Effect on Preclearance or Other Requirements Under Voting Rights Act.--The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act. ( APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT COLLECT TELEPHONE INFORMATION. ``(b) Exception.--Subsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information.''. ( Application of certain provisions to States which do not collect telephone information.''. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ( Twenty-eight states disenfranchise certain individuals on felony probation or parole. 7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. (8) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. 9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 percent), twice the national average for Latinos. ( Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. 14) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. ( Id. (quoting Weems v. United States, 217 U.S. 349, 367 (1910)). For example, a number of states mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions, even where the convictions were for non-violent offenses. Moreover, these states sometimes do not record the basis on which an individual's probation or parole was extended, making it impossible to determine from the State's records whether non- payment of fines and fees is the reason that an individual remains on probation or parole. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. ( a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall-- (A) notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual-- (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021; and (ii) may register to vote in any such election; and (B) provide such individual with any materials that are necessary to register to vote in any such election. ( (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. ( B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. ( b) Certain Federal Acts.--The rights and remedies established by this subtitle-- (1) are in addition to all other rights and remedies provided by law, and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) This subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. ``(B) Exception.--Such term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). ``(3) Rules for provisional ballot.-- ``(A) In general.--A individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity. ``(B) Prohibition on other requirements.--Except as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individuals described in paragraph (2)(C). ``(E) No exemption.--Notwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). ``(F) Rule of construction.-- ``(i) In general.--Nothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph (A) to cast a regular ballot in lieu of a provisional ballot. ``(B) Providing pre-printed copy of statement.-- Each State and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph (A) available at polling places for use by individuals voting in person. ``(6) Applicable identifying document.--For purposes of this subsection-- ``(A) In general.--The term `applicable identifying document' means, with respect to any individual, any document issued to such individual containing the individual's name. ``(iii) A United States passport or passport card. ``(v) A student identification card issued by an institution of higher education, or a high school identification card issued by a State-accredited high school. ``(xiii) A identification card issued to the individual by the Temporary Assistance for Needy Families (TANF) program. ``(xv) A bank card or debit card. (2) Amount of payment.--The amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ( d) Effective Date.--Section 303(e) of such Act (52 U.S.C. 21083(d)(2)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: ``(3) Voter identification requirements.--Each State and jurisdiction shall be required to comply with the requirements of subsection (c) with respect to elections for Federal office held on or after January 1, 2022.''. 10101(a)(2)(B)); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote. ( iii) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice under clause (i) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. ( CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. (a) Conditions Described.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) ``(3) Removal based on official records.-- ``(A) In general.--Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has-- ``(i) died; or ``(ii) permanently moved out of the State and is no longer eligible to vote in the State. ``(b) Notice After Removal.-- ``(1) Notice to individual removed.-- ``(A) In general.--Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. ( 2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ``registrants'' the second place it appears and inserting ``and subject to section 8A of such Act, registrants''. ( PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. ( Hindering, interfering with, or preventing registering to vote.''. ( c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE. ( As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. ( Association of Community Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. Smiley v. Holm, 285 U.S. 355, 366 (1932). ( 8) The fair and impartial administration of Federal elections by State and local officials is central to ``the successful working of this government,'' Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to ``protect the act of voting . . . (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. 14) Congress has the authority to prevent politically motivated removals of local election officials pursuant to the First and Fourteenth Amendments. (2) Private right of action.-- (A) In general.--Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of united states to intervene.-- (A) Notice to attorney general.--Whenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. B) Right to intervene.--The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). ( (D) Statewide election administrator.--The term ``statewide election administrator'' means, with respect to a State-- (i) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (ii) a legislative entity with the authority to suspend, remove, or relieve a local election administrator. ( HARASSMENT OF ELECTION WORKERS PROHIBITED. ( ``(c) Penalty.--Any person who violates subsection (a) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.''. ( Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) In general.--Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Civil action.--Any person aggrieved by a violation of this section may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. ( ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. 2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (3) Sentencing guidelines.-- (A) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. ( B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. ( (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. ( a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election. 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. ( c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means. Subsection (c)(2) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3202(b), is amended-- (1) by striking ``Any person'' and inserting the following: ``(A) In general.--Any person''; and (2) by adding at the end the following new subparagraph: ``(B) Intimidation, etc.-- ``(i) In general.--A person aggrieved by a violation of subsection (b)(1) shall include, without limitation, an officer responsible for maintaining order and preventing intimidation, threats, or coercion in or around a location at which voters may cast their votes. . Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is amended-- (1) by striking ``Every officer'' and inserting the following: ``(a) In General.--Every officer''; (2) by striking ``records and papers'' and inserting ``records (including electronic records), papers, and election equipment'' each place the term appears; (3) by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''; (4) by inserting ``(but only under the direct administrative supervision of an election officer). ``(c) Guidance.--Not later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). c) Nondisclosure.--Section 304 of the Civil Rights Act of 1960 (52 U.S.C. 20704) is amended by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment''. (d) Jurisdiction to Compel Production.--Section 305 of the Civil Rights Act of 1960 (52 U.S.C. 20705) is amended by striking ``record or paper'' and inserting ``record (including electronic record), paper, or election equipment'' each place the term appears. JUDICIAL REVIEW TO ENSURE COMPLIANCE. ``(a) Cause of Action.--The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (a) Civil Action.--An action challenging a violation of the rights created by this subtitle may be brought in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. b) Standards to Be Applied.--In a civil action under this section, the following shall apply: (1) Retrogression.-- (A) A plaintiff establishes a prima facie case of retrogression under section 4401(b) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote. ( 1988(b)) is amended-- (1) by striking ``or section 40302'' and inserting ``section 40302''; and (2) by striking ``, the court'' and inserting ``, or section 4402(a) of the Freedom to Vote Act, the court''. a) Burdens Not Authorized.--Nothing in this subtitle may be construed to authorize a government to burden the right to vote in elections for Federal office. ( GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING. ( 3) Access and cultural considerations.--The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. c) Amount of Grant.-- (1) In general.--The amount of a grant made to a State under this section shall be equal to the product of-- (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. ( 2) Voting age population percentage defined.--In paragraph (1), the ``voting age population percentage'' for a State is the quotient of-- (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). ( (2) Reports by commission.--Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. ( e) Funding.-- (1) Continuing availability of amount appropriated.--Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. ( ``(2) Prohibition on challenges on or near date of election.--No person, other than a State or local election official, shall be permitted-- ``(A) to challenge an individual's eligibility to vote in an election for Federal office on Election Day on grounds that could have been made in advance of such day, or ``(B) to challenge an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022.''. ( During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. ``(a) Prohibition.--Subject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022.''. ( Prohibiting States from restricting donations of food and beverages at polling stations.''. 3) Since the Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. a) Initial Notice.-- (1) In general.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ``(B) Exceptions.-- ``(i) Contacts in official capacity as elected official.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. ``(ii) Contacts for purposes of enabling observation of elections by international observers.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. ``(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements.--A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. ``(ii) Clarification regarding application to citizens of the united states.--In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause (I) of clause (i). 2) Effective date.--The amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM. ( ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. ( Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs: ``(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES. ( b) Elements.--Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. ( (a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows: ``(2) Paper ballot requirement.-- ``(A) Voter-verifiable paper ballots.-- ``(i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter's vote selections that shall be marked by the voter and presented to the voter for verification before the voter's ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. ``(iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). ``(C) Manual counting requirements for recounts and audits.-- ``(i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. b) Conforming Amendment Clarifying Applicability of Alternative Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting ``(including the paper ballots required to be used under paragraph (2))'' after ``voting system''. ( ``(C) Sufficient number.--For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the United States Access Board) and the Commission.''. ( ``(d) Coordination With Grants for Technology Improvements.--The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.''. ( d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access.--Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; except that'' and all that follows and inserting a period. ``(B) Readability requirements for paper ballots marked by ballot marking device.--All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities.''. b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). 21081(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. ``(2) Special rule for certain requirements.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. ``(IV) Training of election officials.--The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. ``(V) Period of applicability.--The requirements of this clause apply only during the period beginning on January 1, 2022, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. ``(C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections.-- ``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2022' were a reference to `the applicable year', but only with respect to the following requirements of this section. (a) Availability of Grants.-- (1) In general.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq. ), ``(b) Amount of Payment.-- ``(1) In general.--The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). ``(2) Minimum payment amount.--The minimum payment amount described in this paragraph is-- ``(A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and ``(B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a description of how the State will use the grant to carry out the activities authorized under this part; ``(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and ``(3) such other information and assurances as the Commission may require. ``Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 298D. AUTHORIZATION OF APPROPRIATIONS. b) Qualified Election Infrastructure Vendors.-- (1) In general.--The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). ( (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. ( D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. ( (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). ( J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). ( (B) Contents of notifications.--Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. ( B) Chief state election official.--The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. ( E) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. ( ``(3) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022. ``(f) Uniform and Nondiscriminatory Standards.-- ``(1) In general.--Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. as amended by section 3601, is amended by inserting after section 303A the following new section: ``SEC. ``(a) Definitions.--In this section: ``(1) Post-election audit.--Except as provided in subsection (c)(1)(B), the term `post-election audit' means, with respect to any election contest, a post-election process that-- ``(A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; ``(B) will not change the outcome if the reported outcome is the correct outcome; and ``(C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. ``(C) Outcome.--The term `outcome' means the winner or set of winners of an election contest. ``(b) Requirements.-- ``(1) In general.-- ``(A) Audits.-- ``(i) In general.--Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). ``(III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. ``(B) Public report.-- ``(i) In general.--After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. ``(B) Waiver.--Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2032, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2032' were a reference to `2034'. ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ``(2) Post-election audits for select contests.--Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2028 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2032, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election infrastructure'' before the period at the end. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND REMOTE BALLOT MARKING SYSTEMS. ( 20962) is amended-- (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: ``(a) Voluntary Voting System Guidelines.--The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ''; and (3) by adding at the end the following new subsections: ``(g) Initial Guidelines for Electronic Poll Books and Remote Ballot Marking Systems.-- ``(1) Adoption date.--The Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems by January 1, 2022. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. ( 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. ``(a) Requiring States to Submit Reports.--Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. ``(B) Assembly requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. ``(C) Software and code requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States.''. ( BAN ON MID-DECADE REDISTRICTING. A State that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq. ), (a) Requiring Plans to Meet Criteria.--A State may not use a congressional redistricting plan which is not in compliance with this section. ( B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. ( A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. 2) Determination of effect.--The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. ( (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. 3) Rebuttable presumption.-- (A) Trigger.--In any civil action brought under section 5006 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party's candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of 7 percent or one congressional district, whichever is greater, as determined by standard quantitative measures of partisan fairness that relate a party's share of the statewide vote to that party's share of seats. ( D) Stay of use of plan.--Notwithstanding any other provision of this title, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State's use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (C) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). ( 5) No violation based on certain criteria.--No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party. ( (f) Applicability.-- (1) In general.--This section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. ( a) Public Notice and Input.-- (1) Use of open and transparent process.--The entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. ( (3) Multiple language requirements for all notices.--The entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503). ( 2) Posting of maps.--The entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this title available for public review, including on the public Internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan. ( to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c). ( a) Deadline for Enactment of Plan.--Each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of-- (1) the deadline set forth in State law; (2) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (3) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. ( (c) Applicable Venue.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). ( d) Procedures for Development of Plan.-- (1) Criteria.--In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003. ( (2) Publication of final plan.--At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. ( f) Use of Interim Plan.--In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. (3) Delivery of complaint to house and senate.--In any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. ( b) Expedited Consideration.--In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. B) Prohibiting use of plans in violation of requirements.--No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title. 2) No stay pending appeal.--Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. ( (B) Failure of district court to take timely action.--If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. ( (e) Relation to Other Laws.-- (1) Rights and remedies additional to other rights and remedies.--The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). ( g) Removal.-- (1) In general.--At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this title may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. (a) In General.--This title and the amendments made by this title shall apply on the date of enactment of this title. ( b) Application to Apportionment Resulting From 2020 Decennial Census.--Notwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) ``(2) Procedures.--In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. a) Disbursements Described.--Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. Establishment of corporation to conceal election contributions and donations by foreign nationals ``(a) Offense.--It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS. ( ``(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. ``(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. ``(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be calendar year 2022. ``(3) Exceptions.-- ``(A) Amounts received in ordinary course of business.--The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. ``(B) Donor restriction on use of funds.--The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if-- ``(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign- related disbursements; and ``(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. ``(C) Threat of harassment or reprisal.--The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. ``(B) Disclosure date.--The term `disclosure date' means-- ``(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and ``(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. ``(2) Treatment as separate segregated fund.--A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. ``(2) Applicable public communications.-- ``(A) In general.--The term `applicable public communication' means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. ``(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(2) Exclusions.--The term `covered transfer' does not include any of the following: ``(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. ``(B) A disbursement made by a covered organization if-- ``(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and ``(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. ``(3) Special rule regarding transfers among affiliates.-- ``(A) Special rule.--A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. ``(B) Determination of amount of certain payments among affiliates.--In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. Such regulations-- (1) shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by paragraph (1)), and (2) shall be consistent with the principles applied in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). According to polling, most Americans believe that corporations have too much power and influence in politics and the courts. ( 4) Under current law, ``social welfare'' organizations and business leagues can use funds to influence elections so long as political activity is not their ``primary'' activity. 6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. 7) Anonymous money spent on judicial nominations is not subject to any disclosure requirements. ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. COORDINATION WITH FINCEN. (a) In General.--The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this part. ( Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. ``(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. ``(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. ``(c) Intervention by Members of Congress.--In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. ``(d) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''. ( 3) Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed. ( The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court's well-established standard that the electorate bears the right to be fully informed. 2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. (6) As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo, 424 U.S. 1 (1976), ``disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist.'' 8) Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. 10) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. 11) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. ), the former Director of the National Security Agency, testified, during the Cold War ``if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. 15) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians ``exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment *** as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders.''. ( (18) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. 20) A 2019 Senate Select Committee on Intelligence's Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia's Use of Social Media with Additional Views, the Committee recommended ``that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. (23) A 2020 report by the bipartisan and bicameral U.S. Cyberspace Solarium Commission found that ``Although foreign nationals are banned from contributing to U.S. political campaigns, they are still allowed to purchase U.S. political advertisements online, making the internet a fertile environment for conducting a malign influence campaign to undermine American elections.'' 26) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People's Republic of China. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. ( a) In General.--Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ``or satellite communication'' and inserting ``satellite, paid internet, or paid digital communication''. ( d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). ( EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION. (a) Expansion to Online Communications.-- (1) Application to qualified internet and digital communications.-- (A) In general.--Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or satellite communication'' each place it appears in clauses (i) and (ii) and inserting ``satellite, or qualified internet or digital communication''. ( B) Qualified internet or digital communication.-- Paragraph (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the end the following new subparagraph: ``(D) Qualified internet or digital communication.--The term `qualified internet or digital communication' means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).''. ( 30120(a)) is amended-- (1) by striking ``shall clearly state'' each place it appears in paragraphs (1), (2), and (3) and inserting ``shall state in a clear and conspicuous manner''; and (2) by adding at the end the following flush sentence: ``For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.''. ( ``(B) Audio communications.--In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. ``(C) Video communications.--In the case of a video communication which also includes audio, the statement-- ``(i) is included at either the beginning or the end of the communication; and ``(ii) is made both in-- ``(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and ``(II) an audible format that meets the requirements of subparagraph (B). 2) Nonapplication of certain exceptions.--The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). ( ``(ii) Requirement relating to political ads sold by third party advertising vendors.-- An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. ``(B) Requirements for advertisers.--Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). ``(B) Exemption.--Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. ``(C) Third-party advertising vendor defined.--For purposes of this subsection, the term `third-party advertising vendor' includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. ``(7) Penalties.--For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.''. ( (c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules-- (1) requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. ( d) Reporting.--Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on-- (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. ``(2) Definitions.--In this subsection-- ``(A) the term `online platform' has the meaning given such term in subsection (k)(3); and ``(B) the term ``qualified political advertisement' has the meaning given such term in subsection (k)(4).''. ( b) Inclusion of Contributor Information.-- (1) Social welfare organizations.--Section 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting ``(5),'' after ``paragraphs''. (2) Labor organizations and business leagues.--Section 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Additional Requirements for Organizations Described in Subsections (c)(5) and (c)(6) of Section 501.--Every organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5).''. ( c) Modification to Discretionary Exceptions.--Section 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Discretionary exceptions.-- ``(i) In general.--Paragraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. ( is amended by adding at the end the following new section: ``SEC. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(c) Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments made in cooperation, consultation, or concert with candidates.--For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. ``(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(2) Applicable election period.--In paragraph (1)(C), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or ``(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(2) Joint and several liability.--Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission's action, whichever is later.''. ( (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. a) Standard for Initiating Investigations and Determining Whether Violations Have Occurred.-- (1) Revision of standards.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. ``(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. ``(3)(A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. 2) Conforming amendment relating to initial response to filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended-- (A) in the third sentence, by striking ``the Commission'' and inserting ``the general counsel''; and (B) by amending the fourth sentence to read as follows: ``Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.''. ( ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law. ``(B)(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end the following new sentence: ``In the event of a vacancy in the position of the General Counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the General Counsel until the vacancy is filled.''. b) Effective Date.--The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) is amended-- (1) by striking ``(e) The Commission'' and inserting ``(e)(1) The Commission''; and (2) by adding at the end the following new paragraph: ``(2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.''. 30106(f)(4)) is amended by striking ``any action instituted under this Act, either (A) by attorneys'' and inserting ``any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys''. ( a) Requirement.--Section 311(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person's identification;''. ( (a) In General.--Except as otherwise provided, this subtitle and the amendments made by this subtitle shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle. ( a) Establishment.--There is established a program to be known as the ``State Democracy Promotion Program'' under which the Director of the Office of State Democracy Promotion shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). 2) Activities to ensure equitable access to democracy, including the following: (A) Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle. ( B) Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle. ( (4) Consultation with legislature.--The chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. ( 4) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. ( (6) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities. ( b) Requirements for Fund.-- (1) Fund described.--For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. ( (2) Notification to director.--The State shall transmit to the Director a description of each complaint filed under the procedures, together with-- (A) if the State provides a remedy with respect to the complaint, a description of the remedy; or (B) if the State dismisses the complaint, a statement of the reasons for the dismissal. ( 4) Right to petition for review.-- (A) In general.--Any person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. ( (a) State-specific Amount.--The amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of-- (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State. ( c) Determination of Aggregate Amount Available for Allocations; Notification to States.--Not later than 120 days before the first day of each fiscal year, the Director-- (1) shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and (2) shall notify each State of the amount of the State's allocation under the Program for the fiscal year. ( (b) Allocation to Election Assistance Commission for Payments to States for Certain Election Administration Activities.-- (1) Allocation.--If the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan. ( c) Allocation to Federal Election Commission for Payments to Participating Candidates From State.--If the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. ( (2) Term of service.--The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. 3) Other staff.--In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule. ( (3) Reports.--Not later than 180 days after the date of the regularly scheduled general election for Federal office held in 2024 and each succeeding regularly scheduled general election for Federal office thereafter, the Director shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years. ( g) Regulations.-- (1) In general.--Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. ( (h) Authorization of Appropriations.--There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2023 and each succeeding fiscal year. e) No Taxpayer Funds Permitted.--No taxpayer funds may be deposited into the Trust Fund. ( 3) Allocations to the Federal Election Commission, to be used for payments to participating candidates under title V of the Federal Election Campaign Act of 1971, as described in section 8005(c). ( (b) Determination of Aggregate Amount of State Allocations.--The Director, in consultation with the Election Assistance Commission and the Federal Election Commission, shall determine and establish the aggregate amount of State allocations for each fiscal year, taking into account the anticipated balances of the Trust Fund. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (b) Assessments Relating to Civil Penalties.-- (1) In general.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. ``(2) Administrative penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. ``(2) Cross reference.--For application of special assessments for the State Election Assistance and Innovation Trust Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.''. ( ``(a) In General.--Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. ``(d) Application of Certain Rules.--Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. ( Section 9006 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Transfer of Balance to State Election Assistance and Innovation Trust Fund.--Effective December 31, 2021, the Secretary shall transfer from the fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the balance of the fund as of such date, reduced by the amount of any payments required to be made from the fund under section 9008(i).''. 1602)); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. ( Subtitle B--Elections for House of Representatives SEC. a) Establishment.--The Federal Election Commission (hereafter in this part referred to as the ``Commission'') shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle. c) Reimbursement of Costs.-- (1) Reimbursement.--Upon receiving the report submitted by a State under section 8104(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the credit program under this part during the cycle. ( 2) Source of funds.--Payments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the ``Fund'') under section 8012, in the amount allocated with respect to the State under section 8005(d). (iii) No use of amounts from other sources.--In any case in which the Commission determines that the amount allocated to the State for making payments under this part is insufficient to make payments to the State under this part, moneys shall not be made available from any other source for the purpose of making such payments. ( B) Using the routing number assigned to the Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the Democracy Credit to the Commission, the Commission shall pay the candidate the portion of the value of the Democracy Credit that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. ( d) Public Information Campaign.--In addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. ( (a) State Reports.--Not later than 6 months after each first election cycle during which the State operates a program under this part, the State shall submit a report to the Commission analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require. ( is amended by adding at the end the following: ``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF REPRESENTATIVES ``Subtitle A--Benefits ``SEC. BENEFITS FOR PARTICIPATING CANDIDATES. ``(b) Amount of Payment.--The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). ``(c) Limit on Aggregate Amount of Payments.--The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. ``(2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. ``(a) In General.--In this title, the term `qualified small dollar contribution' means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: ``(1) The contribution is in an amount that is-- ``(A) not less than $1; and ``(B) not more than $200. ``(B) In this paragraph-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq. ), ``(3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. ``(c) Restriction on Subsequent Contributions.-- ``(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle.-- ``(A) In general.--An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). ``(2) Alternative methods of meeting requirements.--An authorized committee may meet the requirements of paragraph (1)-- ``(A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or ``(B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). ``(a) In General.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: ``(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. ``(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). ``(c) Small Dollar Democracy Qualifying Period Defined.--The term `Small Dollar Democracy qualifying period' means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. ``(a) Deadline and Notification.-- ``(1) In general.--Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall-- ``(A) determine whether or not the candidate meets the requirements for certification as a participating candidate; ``(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and ``(C) notify the candidate of the Commission's determination. ``(2) Deemed certification for all elections in election cycle.--If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. ``(d) Participating Candidate Defined.--In this title, a `participating candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. ``(a) Permitted Sources of Contributions and Expenditures.--Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: ``(1) Qualified small dollar contributions. ``(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). ``(c) Exceptions.-- ``(1) Exception for contributions received prior to filing of statement of intent.--A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are-- ``(A) returned to the contributor; ``(B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or ``(C) spent in accordance with paragraph (2). ``(4) Exception for contributions received before the effective date of this title.--Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). ``(e) Prohibition on Joint Fundraising Committees.-- ``(1) Prohibition.--An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. ``(2) Status of existing leadership pacs.--If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(b) Enhanced Disclosure of Information on Donors.-- ``(1) Mandatory identification of individuals making qualified small dollar contributions.--Each authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. ``(a) Mandatory Spending of Available Private Funds.--An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission's determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. ``(a) In General.--A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: ``(1) The candidate is on the ballot for the general election for the office the candidate seeks. ``(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes-- ``(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; ``(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and ``(C) such other information and assurances as the Commission may require. ``(b) Enhanced Support Qualifying Period Described.--In this subtitle, the term `enhanced support qualifying period' means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. ``(c) No Effect on Aggregate Limit.--The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). ``(a) Allocations From State Election Assistance and Innovation Trust Fund.--The amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the `Fund') under section 8012 of the Freedom to Vote Act, as provided under section 8005(c) of such Act. ``(iii) No use of amounts from other sources.--In any case in which the Commission determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title, moneys shall not be made available from any other source for the purpose of making such payments. ``(2) Appointment of director and staff.--Not later than June 1, 2022, the Commission shall appoint a director to head the division established under this section and such other staff as the Commission considers appropriate to enable the division to carry out its duties. VIOLATIONS AND PENALTIES. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). ``(2) Other action not precluded.--Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. ``(2) Candidates subject to criminal penalty.--A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. ``(a) Review of Actions.--Any action by the Commission in carrying out this title shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought. ``(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). ``(8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D). ``(C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1).''. ( PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION. b) Findings.--Congress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. ( While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. ( 3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. ( By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one's livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. ``(B) Corresponding reduction in amount of salary paid to candidate.--To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. ``(B) Elder care services. a) Increase in Limit on Contributions to Candidates.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting ``exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000''. ( 30116(a)), as amended by section 8112(a), is amended by adding at the end the following new paragraph: ``(11) An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200.''. ( d) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 306, January 1, 2022.''. ( ( ( ( ( ``(B) Duration of treatment.-- ``(i) In general.--In the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as-- ``(I) the individual is no longer registered to vote in the State; or ``(II) the individual provides an affirmative written notice revoking such treatment. ( ( ( ( ``(B) Special rules in case of failure to transmit on time.-- ``(i) In general.--If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. ( ( ( 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ( ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ( ( (c) Applicable Venue.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). ( ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. b) Requirements for Fund.-- (1) Fund described.--For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. ( ( ( ( ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. ``(ii) If the individual is not assigned to vote in the election at a specific polling place-- ``(I) the name and address of locations at which the individual is eligible to vote; and ``(II) the hours of operation for those locations. ( ( ''; 20507), as amended by section 1024, is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Acceptance of Applications From Individuals Under 18 Years of Age.-- ``(1) In general.--A State may not refuse to accept or process an individual's application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. ( ( ( ), ``(B) Hours for early voting.--Each polling place which allows voting during an early voting period under subparagraph (A) shall-- ``(i) allow such voting for no less than 10 hours on each day during the period; ``(ii) have uniform hours each day for which such voting occurs; and ``(iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ( ( ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ( ( ( ), ( ( ( ``(g) Timing of Scanning and Processing of Ballots.--For purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. ( ( ( ), ( ( ( ( ( ( ( ( ( ( As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. ( Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. ( ( ( ( ( ( ( ( ( ( ( ( ( ``(C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections.-- ``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2022' were a reference to `the applicable year', but only with respect to the following requirements of this section. ( ( ( ( ( ( ( 2) Determination of effect.--The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. ( ( ( ( ( ( ( ( ( ( ``(ii) Requirement relating to political ads sold by third party advertising vendors.-- An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. ( ( ( ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ( ( ( ( ( ( ( ( ( ( ( ( ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. ( ( ( ( ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 306, January 1, 2022.''. ( ( ( ( ( ``(B) Duration of treatment.-- ``(i) In general.--In the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as-- ``(I) the individual is no longer registered to vote in the State; or ``(II) the individual provides an affirmative written notice revoking such treatment. ( ( ( ( ``(B) Special rules in case of failure to transmit on time.-- ``(i) In general.--If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. ( ( ( 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ( ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ( ( (c) Applicable Venue.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). ( ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. b) Requirements for Fund.-- (1) Fund described.--For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. ( ( ( ( ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. ``(ii) If the individual is not assigned to vote in the election at a specific polling place-- ``(I) the name and address of locations at which the individual is eligible to vote; and ``(II) the hours of operation for those locations. ( ( ''; ( ( ( ), ``(B) Hours for early voting.--Each polling place which allows voting during an early voting period under subparagraph (A) shall-- ``(i) allow such voting for no less than 10 hours on each day during the period; ``(ii) have uniform hours each day for which such voting occurs; and ``(iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ( ( ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ( ( ( ), ( ( ( ( ( ( ), ( ( ( ( ( ( ( ( ( ( As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. ( Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. ( ( ( ( ( ( ( ( ( ( ( ( ( ``(ii) Requirement relating to political ads sold by third party advertising vendors.-- An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. ( ( ( ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ( ( ( ( ( ( ( ( ( ( ( ( ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. ( ( ( ( ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. ``(B) Special rules in case of failure to transmit on time.-- ``(i) In general.--If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. ( ( ( ( ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ( ( ( b) Requirements for Fund.-- (1) Fund described.--For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. ( ( ( ( ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ( ( ( ), ( ( ( ( ( ( ), ( ( ( ( ( ( ( ( ( ( As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. ( Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ( ( ( ( ( ( ( ( ( ( ( ( ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. ``(B) Special rules in case of failure to transmit on time.-- ``(i) In general.--If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. ( ( ( ( ``(C) Additional waiver period.--If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to `2034' were a reference to `2036'. ( ( ( b) Requirements for Fund.-- (1) Fund described.--For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. ( ( ( ( ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate.

To expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes. ``(3) Ensuring delivery prior to election.-- ``(A) In general.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. ( ( ( ), ( ( ( ( ( ( ), ( ( ( ( ( ( ( ( ( ( As the Supreme Court has recognized, the Elections Clause empowers Congress to ``protect the elections on which its existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and ``protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,'' id. at 666. ( Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking ``or'' at the end of subparagraph (C), by inserting ``or'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office;''. ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ( ( ( ( ( ( ( ( ( ( ( ( ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election.

11,303

8,434

H.R.9424

Health

Creating Access to Residency Education Act of 2022 This bill requires the Centers for Medicare & Medicaid Services to award matching funds to teaching hospitals or other graduate medical education training programs for medical residency training programs in states where there are fewer than 44 medical residents per 100,000 people. Recipients must cover one third of the costs for primary care residency training programs and one half of the costs for programs in other fields.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Residency Education Act of 2022''. SEC. 2. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL POPULATION. Part B of title III of the Public Health Service Act is amended by inserting after section 317U (42 U.S.C. 247b-23) the following: ``SEC. 317V. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL POPULATION. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(b) Eligibility.--To be eligible to receive Federal funding under this section, an entity must-- ``(1) be located in a State in which there are fewer than 44 medical residents per population of 100,000; and ``(2) be a public or nonprofit teaching hospital or an accredited graduate medical education training program. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(d) Matching Funds.--An agreement awarding a grant or contract under this section shall-- ``(1) in the case of a new or existing medical residency training program in the field of primary care-- ``(A) require the entity awarded such grant or contract to provide one-third of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining two-thirds of the cost of such slots; and ``(2) in the case of a new or existing medical residency training program in any other field-- ``(A) require the award recipient to provide one- half of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining one-half of the cost of such slots. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''. <all>

Creating Access to Residency Education Act of 2022

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population.

Creating Access to Residency Education Act of 2022

Rep. Castor, Kathy

D

FL

This bill requires the Centers for Medicare & Medicaid Services to award matching funds to teaching hospitals or other graduate medical education training programs for medical residency training programs in states where there are fewer than 44 medical residents per 100,000 people. Recipients must cover one third of the costs for primary care residency training programs and one half of the costs for programs in other fields.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Residency Education Act of 2022''. SEC. Part B of title III of the Public Health Service Act is amended by inserting after section 317U (42 U.S.C. 247b-23) the following: ``SEC. 317V. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL POPULATION. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(b) Eligibility.--To be eligible to receive Federal funding under this section, an entity must-- ``(1) be located in a State in which there are fewer than 44 medical residents per population of 100,000; and ``(2) be a public or nonprofit teaching hospital or an accredited graduate medical education training program. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(d) Matching Funds.--An agreement awarding a grant or contract under this section shall-- ``(1) in the case of a new or existing medical residency training program in the field of primary care-- ``(A) require the entity awarded such grant or contract to provide one-third of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining two-thirds of the cost of such slots; and ``(2) in the case of a new or existing medical residency training program in any other field-- ``(A) require the award recipient to provide one- half of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining one-half of the cost of such slots. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Residency Education Act of 2022''. SEC. Part B of title III of the Public Health Service Act is amended by inserting after section 317U (42 U.S.C. 247b-23) the following: ``SEC. 317V. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL POPULATION. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(d) Matching Funds.--An agreement awarding a grant or contract under this section shall-- ``(1) in the case of a new or existing medical residency training program in the field of primary care-- ``(A) require the entity awarded such grant or contract to provide one-third of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining two-thirds of the cost of such slots; and ``(2) in the case of a new or existing medical residency training program in any other field-- ``(A) require the award recipient to provide one- half of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining one-half of the cost of such slots. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Residency Education Act of 2022''. SEC. 2. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL POPULATION. Part B of title III of the Public Health Service Act is amended by inserting after section 317U (42 U.S.C. 247b-23) the following: ``SEC. 317V. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL POPULATION. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(b) Eligibility.--To be eligible to receive Federal funding under this section, an entity must-- ``(1) be located in a State in which there are fewer than 44 medical residents per population of 100,000; and ``(2) be a public or nonprofit teaching hospital or an accredited graduate medical education training program. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(d) Matching Funds.--An agreement awarding a grant or contract under this section shall-- ``(1) in the case of a new or existing medical residency training program in the field of primary care-- ``(A) require the entity awarded such grant or contract to provide one-third of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining two-thirds of the cost of such slots; and ``(2) in the case of a new or existing medical residency training program in any other field-- ``(A) require the award recipient to provide one- half of the cost of the slots to be funded through the agreement; and ``(B) to the extent and in the amounts made available in advance in appropriations Acts, require the Administrator to provide the remaining one-half of the cost of such slots. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''. <all>

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'.

To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population. ``(a) In General.--The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') shall make grants to, or enter into contracts with, eligible entities to support the creation of new medical residency training programs or slots within existing programs in States in which there is a low ratio of medical residents relative to the general population. ``(c) Partnerships.--In supporting the creation of new medical residency training programs or slots through a grant or contract under this section, an eligible entity may enter into a partnership with a State, local government, community health center, local health department, hospital, or other organization deemed by the entity to be appropriate. ``(e) Requirements.--The Administrator shall establish application processes for eligible entities to receive funding under this section, including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. ``(f) Definition.--For purposes of this section, the Administrator shall define the term `primary care'. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''.

11,304

13,946

H.R.8027

Science, Technology, Communications

This bill establishes a Technology Competitiveness Council. The President shall establish such council within the Executive Office of the President. The council's responsibilities include The strategy shall be designed to maintain U.S. leadership in critical and emerging technologies essential to U.S. national security and economic prosperity.

To establish within the Executive Office of the President a Technology Competitiveness Council. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TECHNOLOGY COMPETITIVENESS COUNCIL. (a) In General.--The National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``TITLE VII--TECHNOLOGY COMPETITIVENESS COUNCIL ``SEC. 701. ESTABLISHMENT OF COUNCIL. ``The President shall establish within the Executive Office of the President a Technology Competitiveness Council (in this title referred to as the `Council'). ``SEC. 702. MEMBERSHIP OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(2) The following executive branch officials: ``(A) The Secretary of State. ``(B) The Secretary of the Treasury. ``(C) The Secretary of Defense. ``(D) The Attorney General. ``(E) The Secretary of Commerce. ``(F) The Secretary of Energy. ``(G) The Secretary of Homeland Security. ``(H) The Director of the Office of Management and Budget. ``(I) The Assistant to the President for Technology Competitiveness. ``(J) The Assistant to the President for National Security Affairs. ``(K) The Assistant to the President for Science and Technology. ``(L) The Assistant to the President for Economic Policy. ``(M) The Assistant to the President for Domestic Policy. ``(N) The United States Trade Representative. ``(O) The Chairman of the Joint Chiefs of Staff. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. ``SEC. 703. OPERATION OF COUNCIL. ``(a) Responsibilities of the Chair.-- ``(1) In general.--The Chair shall convene and preside over meetings of the Council and shall determine the agenda for the Council. ``(2) Committees.--The Chair may authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials, as he or she deems necessary or appropriate for the efficient conduct of Council functions. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. The Chair shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally. ``(b) Administration.-- ``(1) In general.--The Council shall have a staff, headed by the Assistant to the President for Technology Competitiveness. ``(2) Personnel, funding, and administrative support.--The Office of Administration in the Executive Office of the President shall provide the Council with such personnel, funding, and administrative support, as directed by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness, subject to the availability of appropriations. ``(3) Resources.--Subject to the availability of appropriations, heads of agencies serving on the Council shall make resources, including but not limited to personnel and office support, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(5) Coordination.--The Council shall coordinate with the National Security Council on Technology Policy and Strategy matters relating primarily to national security to ensure that the activities of the Council are carried out in a manner that is consistent with the responsibilities and authorities of the National Security Council. ``SEC. 704. FUNCTIONS OF COUNCIL. ``(a) In General.--The Council shall be responsible for-- ``(1) developing recommendations for the President on United States technology competitiveness and technology-related issues, advising and assisting the President in the development and implementation of national technology policy and strategy, and performing such other duties as the President may prescribe; ``(2) developing and overseeing the implementation of a National Technology Strategy as described in subsection (b); ``(3) serving as a forum for balancing national security, economic, and technology considerations of United States departments and agencies as they pertain to technology research, development, commercial interests, and national security applications; ``(4) coordinating policies across Federal departments and agencies related to United States competitiveness in critical and emerging technologies and ensuring that policies designed to promote United States leadership and protect existing competitive advantages are integrated and mutually reinforcing; and ``(5) synchronizing budgets and strategies, in consultation with the Director of the Office of Management and Budget, in accordance with the National Technology Strategy. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(B) A review of existing United States Government technology policy, including long-range goals. ``(C) An analysis of technology trends and assessment of the relative competitiveness of United States technology sectors in relation to strategic competitors. ``(D) Identification of sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets. ``(E) Recommendations for domestic policy incentives to sustain an innovation economy and develop specific, high-cost sectors necessary for long-term national security ends. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(H) Recommendations for talent programs to grow United States talent in key critical and emerging technologies and enhance the ability of the Federal Government to recruit and retain individuals with critical skills into Federal service. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act. <all>

To establish within the Executive Office of the President a Technology Competitiveness Council.

Official Titles - House of Representatives Official Title as Introduced To establish within the Executive Office of the President a Technology Competitiveness Council.

Rep. Bacon, Don

R

NE

This bill establishes a Technology Competitiveness Council. The President shall establish such council within the Executive Office of the President. The council's responsibilities include The strategy shall be designed to maintain U.S. leadership in critical and emerging technologies essential to U.S. national security and economic prosperity.

TECHNOLOGY COMPETITIVENESS COUNCIL. 6601 et seq.) ESTABLISHMENT OF COUNCIL. 702. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(B) The Secretary of the Treasury. ``(C) The Secretary of Defense. ``(D) The Attorney General. ``(E) The Secretary of Commerce. ``(F) The Secretary of Energy. ``(H) The Director of the Office of Management and Budget. ``(J) The Assistant to the President for National Security Affairs. ``(L) The Assistant to the President for Economic Policy. ``(M) The Assistant to the President for Domestic Policy. ``(N) The United States Trade Representative. ``(O) The Chairman of the Joint Chiefs of Staff. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. 703. ``(2) Committees.--The Chair may authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials, as he or she deems necessary or appropriate for the efficient conduct of Council functions. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(2) Personnel, funding, and administrative support.--The Office of Administration in the Executive Office of the President shall provide the Council with such personnel, funding, and administrative support, as directed by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness, subject to the availability of appropriations. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``SEC. 704. FUNCTIONS OF COUNCIL. ``(C) An analysis of technology trends and assessment of the relative competitiveness of United States technology sectors in relation to strategic competitors. ``(D) Identification of sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(H) Recommendations for talent programs to grow United States talent in key critical and emerging technologies and enhance the ability of the Federal Government to recruit and retain individuals with critical skills into Federal service. (b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

TECHNOLOGY COMPETITIVENESS COUNCIL. 6601 et seq.) ESTABLISHMENT OF COUNCIL. 702. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(B) The Secretary of the Treasury. ``(C) The Secretary of Defense. ``(D) The Attorney General. ``(E) The Secretary of Commerce. ``(F) The Secretary of Energy. ``(H) The Director of the Office of Management and Budget. ``(J) The Assistant to the President for National Security Affairs. ``(L) The Assistant to the President for Economic Policy. ``(M) The Assistant to the President for Domestic Policy. ``(N) The United States Trade Representative. ``(O) The Chairman of the Joint Chiefs of Staff. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. 703. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(2) Personnel, funding, and administrative support.--The Office of Administration in the Executive Office of the President shall provide the Council with such personnel, funding, and administrative support, as directed by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness, subject to the availability of appropriations. ``SEC. 704. FUNCTIONS OF COUNCIL. ``(D) Identification of sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(H) Recommendations for talent programs to grow United States talent in key critical and emerging technologies and enhance the ability of the Federal Government to recruit and retain individuals with critical skills into Federal service. (b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year 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. TECHNOLOGY COMPETITIVENESS COUNCIL. 6601 et seq.) is amended by adding at the end the following: ``TITLE VII--TECHNOLOGY COMPETITIVENESS COUNCIL ``SEC. ESTABLISHMENT OF COUNCIL. 702. MEMBERSHIP OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(B) The Secretary of the Treasury. ``(C) The Secretary of Defense. ``(D) The Attorney General. ``(E) The Secretary of Commerce. ``(F) The Secretary of Energy. ``(H) The Director of the Office of Management and Budget. ``(J) The Assistant to the President for National Security Affairs. ``(L) The Assistant to the President for Economic Policy. ``(M) The Assistant to the President for Domestic Policy. ``(N) The United States Trade Representative. ``(O) The Chairman of the Joint Chiefs of Staff. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. 703. OPERATION OF COUNCIL. ``(2) Committees.--The Chair may authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials, as he or she deems necessary or appropriate for the efficient conduct of Council functions. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(2) Personnel, funding, and administrative support.--The Office of Administration in the Executive Office of the President shall provide the Council with such personnel, funding, and administrative support, as directed by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness, subject to the availability of appropriations. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(5) Coordination.--The Council shall coordinate with the National Security Council on Technology Policy and Strategy matters relating primarily to national security to ensure that the activities of the Council are carried out in a manner that is consistent with the responsibilities and authorities of the National Security Council. ``SEC. 704. FUNCTIONS OF COUNCIL. ``(C) An analysis of technology trends and assessment of the relative competitiveness of United States technology sectors in relation to strategic competitors. ``(D) Identification of sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(H) Recommendations for talent programs to grow United States talent in key critical and emerging technologies and enhance the ability of the Federal Government to recruit and retain individuals with critical skills into Federal service. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

To establish within the Executive Office of the President a Technology Competitiveness Council. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TECHNOLOGY COMPETITIVENESS COUNCIL. 6601 et seq.) is amended by adding at the end the following: ``TITLE VII--TECHNOLOGY COMPETITIVENESS COUNCIL ``SEC. ESTABLISHMENT OF COUNCIL. 702. MEMBERSHIP OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(B) The Secretary of the Treasury. ``(C) The Secretary of Defense. ``(D) The Attorney General. ``(E) The Secretary of Commerce. ``(F) The Secretary of Energy. ``(G) The Secretary of Homeland Security. ``(H) The Director of the Office of Management and Budget. ``(J) The Assistant to the President for National Security Affairs. ``(L) The Assistant to the President for Economic Policy. ``(M) The Assistant to the President for Domestic Policy. ``(N) The United States Trade Representative. ``(O) The Chairman of the Joint Chiefs of Staff. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. 703. OPERATION OF COUNCIL. ``(a) Responsibilities of the Chair.-- ``(1) In general.--The Chair shall convene and preside over meetings of the Council and shall determine the agenda for the Council. ``(2) Committees.--The Chair may authorize the establishment of such committees of the Council, including an executive committee, and of such working groups, composed of senior designees of the Council members and of other officials, as he or she deems necessary or appropriate for the efficient conduct of Council functions. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. The Chair shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally. ``(2) Personnel, funding, and administrative support.--The Office of Administration in the Executive Office of the President shall provide the Council with such personnel, funding, and administrative support, as directed by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness, subject to the availability of appropriations. ``(3) Resources.--Subject to the availability of appropriations, heads of agencies serving on the Council shall make resources, including but not limited to personnel and office support, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(5) Coordination.--The Council shall coordinate with the National Security Council on Technology Policy and Strategy matters relating primarily to national security to ensure that the activities of the Council are carried out in a manner that is consistent with the responsibilities and authorities of the National Security Council. ``SEC. 704. FUNCTIONS OF COUNCIL. ``(a) In General.--The Council shall be responsible for-- ``(1) developing recommendations for the President on United States technology competitiveness and technology-related issues, advising and assisting the President in the development and implementation of national technology policy and strategy, and performing such other duties as the President may prescribe; ``(2) developing and overseeing the implementation of a National Technology Strategy as described in subsection (b); ``(3) serving as a forum for balancing national security, economic, and technology considerations of United States departments and agencies as they pertain to technology research, development, commercial interests, and national security applications; ``(4) coordinating policies across Federal departments and agencies related to United States competitiveness in critical and emerging technologies and ensuring that policies designed to promote United States leadership and protect existing competitive advantages are integrated and mutually reinforcing; and ``(5) synchronizing budgets and strategies, in consultation with the Director of the Office of Management and Budget, in accordance with the National Technology Strategy. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(C) An analysis of technology trends and assessment of the relative competitiveness of United States technology sectors in relation to strategic competitors. ``(D) Identification of sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets. ``(E) Recommendations for domestic policy incentives to sustain an innovation economy and develop specific, high-cost sectors necessary for long-term national security ends. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(H) Recommendations for talent programs to grow United States talent in key critical and emerging technologies and enhance the ability of the Federal Government to recruit and retain individuals with critical skills into Federal service. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( ESTABLISHMENT OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(C) The Secretary of Defense. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(3) Resources.--Subject to the availability of appropriations, heads of agencies serving on the Council shall make resources, including but not limited to personnel and office support, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. ( b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( MEMBERSHIP OF COUNCIL. ``(L) The Assistant to the President for Economic Policy. ``(O) The Chairman of the Joint Chiefs of Staff. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. The Chair shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( ESTABLISHMENT OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(C) The Secretary of Defense. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(3) Resources.--Subject to the availability of appropriations, heads of agencies serving on the Council shall make resources, including but not limited to personnel and office support, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. ( b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( MEMBERSHIP OF COUNCIL. ``(L) The Assistant to the President for Economic Policy. ``(O) The Chairman of the Joint Chiefs of Staff. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. The Chair shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( ESTABLISHMENT OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(C) The Secretary of Defense. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(3) Resources.--Subject to the availability of appropriations, heads of agencies serving on the Council shall make resources, including but not limited to personnel and office support, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. ( b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( MEMBERSHIP OF COUNCIL. ``(L) The Assistant to the President for Economic Policy. ``(O) The Chairman of the Joint Chiefs of Staff. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. The Chair shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( ESTABLISHMENT OF COUNCIL. ``The Council shall be composed of the following members: ``(1) The Vice President, who shall be Chair of the Council. ``(C) The Secretary of Defense. ``(P) The heads of such other executive departments and agencies and other senior officials within the Executive Office of the President, as may be determined by the Chair of the Council. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(3) Resources.--Subject to the availability of appropriations, heads of agencies serving on the Council shall make resources, including but not limited to personnel and office support, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Assistant to the President for Technology Competitiveness. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. ( b) Initial National Technology Strategy.--The National Technology Council established pursuant to section 701 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as added by this Act, shall provide the first National Technology Strategy required by section 704(b) of such Act, not later than the date that is 1 year after the date of the enactment of this Act.

To establish within the Executive Office of the President a Technology Competitiveness Council. TECHNOLOGY COMPETITIVENESS COUNCIL. ( MEMBERSHIP OF COUNCIL. ``(L) The Assistant to the President for Economic Policy. ``(O) The Chairman of the Joint Chiefs of Staff. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. The Chair shall advise the Council as appropriate regarding the President's directions with respect to the Council's activities and national technology policy generally. ``(4) Information and assistance.--The heads of agencies shall provide to the Council such information and assistance as the Chair may request to carry out the functions described in section 704. ``(b) National Technology Strategy.-- ``(1) In general.--The Council shall be responsible for developing and annually submitting to the President a National Technology Strategy designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities. ``(G) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. ``(I) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests.''. (

To establish within the Executive Office of the President a Technology Competitiveness Council. ``(3) Reporting.--The Chair shall report to the President on the activities and recommendations of the Council. ``(2) Requirements.--The National Technology Strategy required by paragraph (1) shall contain at least the following elements: ``(A) An assessment of the United States Government's efforts to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. ``(F) Recommendations for policies to protect United States and allied leadership in critical areas through targeted export controls, investment screening, and counterintelligence activities.

11,305

7,871

H.R.2356

Health

Better Wound Care at Home Act This bill modifies the Medicare payment methodology for disposable negative pressure wound therapy devices. In particular, the bill specifies that payment must be a national payment rate for the device itself and not for related professional services or visits, and must be made as an add-on payment for the device under the prospective payment system for home health services.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Wound Care at Home Act''. SEC. 2. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES. (a) In General.--Section 1834(s) of the Social Security Act (42 U.S.C. 1395m(s)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``Effective as of January 1, 2022, such separate payment shall be a national payment rate established each year for the applicable disposable device itself, and not for the related professional services or home visit to furnish the device, and shall be made under the prospective payment system established under section 1895, as an add-on payment for the device in addition to other payments available to a home health agency under such section.''; (2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system.''; and (3) by adding at the end the following new paragraph: ``(4) Implementation.--As part of submitting claims eligible for or related to the separate add-on payment established under this subsection, the Secretary shall accept and process claims submitted using the type of bill that is most commonly used by home health agencies to bill services under a home health plan of care, and the Secretary shall not require home health agencies to account for the time spent applying the applicable disposable device separately from the time spent treating other conditions or to submit claims for payment under a payment system other than the prospective payment system established under section 1895. Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''. <all>

Better Wound Care at Home Act

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices.

Better Wound Care at Home Act

Rep. Butterfield, G. K.

D

NC

This bill modifies the Medicare payment methodology for disposable negative pressure wound therapy devices. In particular, the bill specifies that payment must be a national payment rate for the device itself and not for related professional services or visits, and must be made as an add-on payment for the device under the prospective payment system for home health services.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Wound Care at Home Act''. SEC. 2. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES. (a) In General.--Section 1834(s) of the Social Security Act (42 U.S.C. 1395m(s)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``Effective as of January 1, 2022, such separate payment shall be a national payment rate established each year for the applicable disposable device itself, and not for the related professional services or home visit to furnish the device, and shall be made under the prospective payment system established under section 1895, as an add-on payment for the device in addition to other payments available to a home health agency under such section.''; (2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system.''; and (3) by adding at the end the following new paragraph: ``(4) Implementation.--As part of submitting claims eligible for or related to the separate add-on payment established under this subsection, the Secretary shall accept and process claims submitted using the type of bill that is most commonly used by home health agencies to bill services under a home health plan of care, and the Secretary shall not require home health agencies to account for the time spent applying the applicable disposable device separately from the time spent treating other conditions or to submit claims for payment under a payment system other than the prospective payment system established under section 1895. Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''. <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 ``Better Wound Care at Home Act''. SEC. 2. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES. (a) In General.--Section 1834(s) of the Social Security Act (42 U.S.C. ''; (2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ''; and (3) by adding at the end the following new paragraph: ``(4) Implementation.--As part of submitting claims eligible for or related to the separate add-on payment established under this subsection, the Secretary shall accept and process claims submitted using the type of bill that is most commonly used by home health agencies to bill services under a home health plan of care, and the Secretary shall not require home health agencies to account for the time spent applying the applicable disposable device separately from the time spent treating other conditions or to submit claims for payment under a payment system other than the prospective payment system established under section 1895. Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Wound Care at Home Act''. SEC. 2. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES. (a) In General.--Section 1834(s) of the Social Security Act (42 U.S.C. 1395m(s)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``Effective as of January 1, 2022, such separate payment shall be a national payment rate established each year for the applicable disposable device itself, and not for the related professional services or home visit to furnish the device, and shall be made under the prospective payment system established under section 1895, as an add-on payment for the device in addition to other payments available to a home health agency under such section.''; (2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system.''; and (3) by adding at the end the following new paragraph: ``(4) Implementation.--As part of submitting claims eligible for or related to the separate add-on payment established under this subsection, the Secretary shall accept and process claims submitted using the type of bill that is most commonly used by home health agencies to bill services under a home health plan of care, and the Secretary shall not require home health agencies to account for the time spent applying the applicable disposable device separately from the time spent treating other conditions or to submit claims for payment under a payment system other than the prospective payment system established under section 1895. Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''. <all>

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ''; Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ''; Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ''; Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ''; Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices. 2) in paragraph (3), by adding at the end the following new sentences: ``In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ''; Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.''.

11,306

5,615

H.R.8593

Government Operations and Politics

Territories Statistics Collection Equity Act This bill requires implementation of a plan for federal agencies to collect and publish statistics regarding the U.S. territories in the same manner as statistics are collected and reported for the states. Specifically, the bill directs the Interagency Council on Statistical Policy to publish a list and assessment of existing federal statistical programs that collect and publish data for the U.S. territories comparable to the states. The council must submit to Congress a plan to collect and publish statistics regarding the territories in the same manner as statistics are collected and reported by federal agencies for the states. The council, in coordination with agencies, must implement the plan no later than four years after enactment of this bill.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several 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 ``Territories Statistics Collection Equity Act''. SEC. 2. INCLUDING U.S. TERRITORIES IN FEDERAL STATISTICAL PROGRAMS. (a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. The assessment under this subsection shall include the following: (1) For each statistical program where a comparable program for the U.S. Territories does not exist, an explanation as to why the program does not include the U.S. Territories. (2) Impediments to data collection, analysis, and publishing with respect to the U.S. Territories. (3) A detailed description of the level of local government participation required in Federal statistical programs. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. The plan shall include-- (1) recommendations for including the U.S. Territories in Federal statistical programs; and (2) cost estimates for Federal and local governments for necessary changes to implement the recommendations under paragraph (1). (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. (d) Implementation.--Not later than 4 years after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy, in coordination with the heads of appropriate Federal agencies, shall fully implement the plan developed under subsection (a). SEC. 3. U.S. TERRITORIES DEFINED. For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States. <all>

Territories Statistics Collection Equity Act

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes.

Territories Statistics Collection Equity Act

Rep. Grijalva, Raúl M.

D

AZ

This bill requires implementation of a plan for federal agencies to collect and publish statistics regarding the U.S. territories in the same manner as statistics are collected and reported for the states. Specifically, the bill directs the Interagency Council on Statistical Policy to publish a list and assessment of existing federal statistical programs that collect and publish data for the U.S. territories comparable to the states. The council must submit to Congress a plan to collect and publish statistics regarding the territories in the same manner as statistics are collected and reported by federal agencies for the states. The council, in coordination with agencies, must implement the plan no later than four years after enactment of this bill.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several 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 ``Territories Statistics Collection Equity Act''. SEC. 2. INCLUDING U.S. TERRITORIES IN FEDERAL STATISTICAL PROGRAMS. (a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. The assessment under this subsection shall include the following: (1) For each statistical program where a comparable program for the U.S. Territories does not exist, an explanation as to why the program does not include the U.S. Territories. (2) Impediments to data collection, analysis, and publishing with respect to the U.S. Territories. (3) A detailed description of the level of local government participation required in Federal statistical programs. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. The plan shall include-- (1) recommendations for including the U.S. Territories in Federal statistical programs; and (2) cost estimates for Federal and local governments for necessary changes to implement the recommendations under paragraph (1). (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. (d) Implementation.--Not later than 4 years after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy, in coordination with the heads of appropriate Federal agencies, shall fully implement the plan developed under subsection (a). SEC. 3. U.S. TERRITORIES DEFINED. For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States. <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 ``Territories Statistics Collection Equity Act''. 2. TERRITORIES IN FEDERAL STATISTICAL PROGRAMS. (a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. Territories does not exist, an explanation as to why the program does not include the U.S. (2) Impediments to data collection, analysis, and publishing with respect to the U.S. Territories. (3) A detailed description of the level of local government participation required in Federal statistical programs. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. The plan shall include-- (1) recommendations for including the U.S. Territories in Federal statistical programs; and (2) cost estimates for Federal and local governments for necessary changes to implement the recommendations under paragraph (1). (d) Implementation.--Not later than 4 years after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy, in coordination with the heads of appropriate Federal agencies, shall fully implement the plan developed under subsection (a). SEC. 3. U.S. TERRITORIES DEFINED. For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several 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 ``Territories Statistics Collection Equity Act''. SEC. 2. INCLUDING U.S. TERRITORIES IN FEDERAL STATISTICAL PROGRAMS. (a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. The assessment under this subsection shall include the following: (1) For each statistical program where a comparable program for the U.S. Territories does not exist, an explanation as to why the program does not include the U.S. Territories. (2) Impediments to data collection, analysis, and publishing with respect to the U.S. Territories. (3) A detailed description of the level of local government participation required in Federal statistical programs. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. The plan shall include-- (1) recommendations for including the U.S. Territories in Federal statistical programs; and (2) cost estimates for Federal and local governments for necessary changes to implement the recommendations under paragraph (1). (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. (d) Implementation.--Not later than 4 years after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy, in coordination with the heads of appropriate Federal agencies, shall fully implement the plan developed under subsection (a). SEC. 3. U.S. TERRITORIES DEFINED. For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States. <all>

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. (c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes. a) Assessment.--Not later than 6 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy shall publish a list and assessment of existing Federal statistical programs that collect and publish data for the U.S. Territories comparable to the several States. (b) Plan.--Not later than 12 months after the date of the enactment of this Act, the head of the Interagency Council on Statistical Policy 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 plan to collect and publish statistics regarding the U.S. Territories in the same manner as statistics are collected and reported by Federal agencies for the several States. c) Report.--Not later than 2 years after the date of the enactment of this Act, and every 12 months thereafter until the plan is fully implemented, the head of the Interagency Council on Statistical Policy 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 includes-- (1) a description of the plan developed under subsection (a); and (2) information on the implementation of such plan. ( For the purposes of this Act, the term ``U.S. Territories'' means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.

11,307

2,346

S.2639

Health

State Public Option Act This bill allows residents who are not already eligible for Medicaid and not concurrently enrolled in other health insurance coverage to buy into a state Medicaid plan beginning January 1, 2022, at the option of the state. State Medicaid programs may set premiums and cost-sharing requirements for such coverage in accordance with specified limitations. The bill also (1) provides the enhanced Federal Medical Assistance Percentage (i.e., federal matching rate) to every state that expands Medicaid coverage for individuals who are newly eligible under the Patient Protection and Affordable Care Act, regardless of when such expansion takes place; and (2) requires state Medicaid programs to cover comprehensive reproductive health care services, including abortion services.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``State Public Option Act''. SEC. 2. MEDICAID BUY-IN OPTION. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(10)-- (A) in subparagraph (A)(ii)-- (i) in subclause (XXII), by striking ``; or'' and inserting a semicolon; (ii) in subclause (XXIII), by adding ``or'' at the end; and (iii) by adding at the end the following new subclause: ``(XXIV) beginning January 1, 2022, who are residents of the State and are not concurrently enrolled in another health insurance coverage plan, subject, in the case of individuals described in subsection (tt) and notwithstanding section 1916 (except for subsection (k) of such section), to payment of premiums or other cost- sharing charges;''; and (B) in the matter following subparagraph (G), by inserting ``or subparagraph (A)(ii)(XXIV)'' after ``described in subparagraph (A)(i)(VIII)''; and (2) by adding at the end the following new subsection: ``(tt) Previously Undescribed Individuals.--Individuals described in this subsection are individuals who are-- ``(1) described in subclause (XXIV) of subsection (a)(10)(A)(ii); and ``(2) are not described in any other subclause of such subsection or any other provision in this Act which provides for eligibility for medical assistance.''. (b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. (2) Conforming amendment.--Section 1903(i)(26) of the Social Security Act (42 U.S.C. 1396b(i)(26)) is amended by striking ``individuals described in subclause (VIII) of subsection (a)(10)(A)(i)'' and inserting ``individuals described in subsections (a)(10)(A)(i)(VIII) or (a)(10)(A)(ii)(XXIV) of section 1902''. (c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. (2) Treatment of premium and cost-sharing revenues from medicaid buy-in program.-- (A) In general.--For purposes of section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)), for any fiscal quarter during which a State collects premiums, cost-sharing, or similar charges under subsection (k) of section 1916 of such Act (42 U.S.C. 1396o) (as added by this Act), including any advance payments of premium tax credits under section 1412 of the Patient Protection and Affordable Care Act or payments for cost-sharing reductions under section 1402 of such Act that are received by the State, the total amount expended during such quarter as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of the Social Security Act (as added by this Act) shall be reduced by the amount of such premiums or charges. (B) Treatment of excess premiums.--Each State that collects premiums or similar charges under subsection (k) of section 1916 of the Social Security Act (42 U.S.C. 1396o) (as added by this Act) in a fiscal year shall pay to the Secretary of Health and Human Services, at such time and in such form and manner as the Secretary shall specify, an amount equal to 50 percent of the amount, if any, by which-- (i) the total amount of such premiums and charges collected by the State for such year; exceeds (ii) the total amount expended by the State during such year as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of such Act (as added by this Act). (d) Cost-Sharing Requirement.--Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended by adding at the end the following new subsection: ``(k) Premiums and Cost-Sharing for Individuals Participating in Medicaid Buy-In Program.-- ``(1) In general.--Subject to paragraph (2), with respect to individuals who are eligible for medical assistance under subsection (a)(10)(A)(ii)(XXIV) of section 1902 and are described in subsection (tt) of such section, a State may-- ``(A) impose premiums, deductibles, cost-sharing, or other similar charges that are actuarially fair; and ``(B) vary the premium rate imposed on an individual based only on the factors described in section 2701(a)(1)(A) of the Public Health Service Act and subject to the same limitations on the weight which may be given to such factors under such section. ``(2) Limitations.-- ``(A) Premiums.--The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family's household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. ``(B) Other cost-sharing.-- ``(i) In general.--The cost-sharing limitations described in section 1302(c) of the Patient Protection and Affordable Care Act shall apply to cost-sharing (as defined in such section) for medical assistance provided under section 1902(a)(10)(A)(ii)(XXIV) in the same manner as such limitations apply to cost- sharing under qualified health plans under title I of such Act. ``(ii) Availability of cost-sharing reductions.--Individuals provided medical assistance under section 1902(a)(10)(A)(ii)(XXIV) and subject to cost- sharing under this subsection are eligible for cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act (subject to the income eligibility threshold in subsection (b)(2) of such section), and in applying such section-- ``(I) enrollment in a State plan under section 1902(a)(10)(A)(ii)(XXIV) shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange established for or by the State under title I of the Patient Protection and Affordable Care Act; and ``(II) the State agency administering such plan shall be treated as the issuer of such plan. ``(3) Premiums and cost-sharing for certain other individuals.--If an individual is eligible for medical assistance under subsection (a)(10)(A)(ii)(XXIV) of section 1902 and is not described in subsection (tt) of such section, a State-- ``(A) shall not impose premiums and cost-sharing on the individual under this subsection; and ``(B) may impose premiums and cost-sharing on the individual to the extent allowed by another provision of this Act (other than section 1902(a)(10)(A)(ii)(XXIV)) which provides for eligibility for medical assistance, but only if the individual is described in such other provision. ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. (e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``, including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),'' after ``the State plan under this title''. (f) Offering Buy-In Program on State Exchange; Enrollment Periods.-- (1) In general.--A State that has elected to allow individuals to buy into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) shall allow individuals to enroll in such coverage through the Federal, federally facilitated, or State Exchange established pursuant to title I of the Patient Protection and Affordable Care Act. (2) Enrollment periods.--A State may limit the enrollment of individuals into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) to the enrollment periods provided for under section 1311(c)(6) of the Patient Protection and Affordable Care Act. (g) Application of Advanced Premium Tax Credits to Medicaid Buy-In Plans.-- (1) In general.--Section 36B of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(3)(B), by adding at the end the following new sentence: ``If an applicable taxpayer resides in a rating area in which no silver plan is offered on the individual market but the taxpayer buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, such Medicaid coverage shall be deemed to be the applicable second lowest cost silver plan with respect to such taxpayer.''; and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ``(2) Subsection (c)(2)(A)(i) shall be applied by treating coverage under the Medicaid program under title XIX of the Social Security Act in the same manner as a qualified health plan that was enrolled in through an Exchange. ``(3) In applying subsection (c)(2)(B)-- ``(A) an individual shall not be considered to be eligible for minimum essential coverage described in section 5000A(f)(1)(A)(ii) by reason of eligibility for medical assistance under a State Medicaid program under section 1902(a)(10)(A)(ii)(XXIV); and ``(B) an individual who is not covered by minimum essential coverage described in section 5000A(f)(1)(B) shall not be considered to be eligible for such coverage.''. (2) Advanced payment of credit.-- (A) In general.--The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish a program under which-- (i) upon request of a State agency administering a State Medicaid program under title XIX of the Social Security Act, advance determinations are made in a manner similar to advanced determinations under section 1412 of the Patient Protection and Affordable Care Act with respect to the income eligibility of individuals enrolling in such program for the premium tax credit allowable under section 36B of the Internal Revenue Code of 1986 and the cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act; (ii) the Secretary notifies-- (I) the State agency administering the program and the Secretary of the Treasury of the advance determinations; and (II) the Secretary of the Treasury of the name and employer identification number of each employer with respect to whom 1 or more employees of the employer were determined to be eligible for the premium tax credit under section 36B of the Internal Revenue Code of 1986 and the cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act because-- (aa) the employer did not provide minimum essential coverage; or (bb) the employer provided such minimum essential coverage but it was determined under section 36B(c)(2)(C) of such Code to either be unaffordable to the employee or not provide the required minimum actuarial value; and (iii) the Secretary of the Treasury makes advance payments of such credit or reductions to the State agency administering the program in order to reduce the premiums payable by individuals eligible for such credit. (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. (C) Coordination with credit.-- (i) In general.--Section 36B of the Internal Revenue Code of 1986 is amended by inserting ``and under section 2(g)(2) of the State Public Option Act'' after ``section 1412 of the Patient Protection and Affordable Care Act'' each place it appears in subsections (f)(1), (f)(2), and (g)(1). (ii) Information reporting.--Section 36B(f)(3) of such Code is amended by adding at the end the following flush sentence: ``In the case of any coverage under the Medicaid program under title XIX of the Social Security Act for which a credit under this section is allowable by reason of subsection (h), the State agency administering the Medicaid program shall be treated as an Exchange for purposes of this paragraph and subparagraph (A) shall not apply.''. (3) Conforming amendment relating to employer responsibility.--Paragraph (6) of section 4980H(c) of the Internal Revenue Code of 1986 is amended by inserting ``, except that for purposes of subsections (a)(2) and (b)(2), the term `qualified health plan' shall include any plan described in section 36B(h)'' after ``such Act''. (h) Conforming Amendments.-- (1) Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. (2) Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(ii)(XXIV),'' after ``1902(a)(10)(A)(ii)(XXII),''. (3) Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended, in the matter preceding paragraph (1)-- (A) by striking ``or'' at the end of clause (xvi); (B) by inserting ``or'' at the end of clause (xvii); and (C) by inserting after clause (xvii) the following new clause: ``(xviii) individuals described in section 1902(a)(10)(A)(ii)(XXIV),''. (4) Section 1916A(a)(1) of the Social Security Act (42 U.S.C. 1396o-1(a)(1)) is amended by striking ``or (j)'' and inserting ``(j), or (k)''. (5) Section 1937(a)(1)(B) of the Social Security Act (42 U.S.C. 1396u-7(a)(1)(B)) is amended by inserting ``, subclause (XXIV) of section 1902(a)(10)(A)(ii),'' after ``1902(a)(10)(A)(i)''. SEC. 3. DEVELOPMENT OF STATE-LEVEL METRICS ON MEDICAID BENEFICIARY ACCESS AND SATISFACTION. (a) In General.-- (1) Development of metrics.--Not later than 1 year after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality, in consultation with State Medicaid Directors, shall develop standardized, State-level metrics of access to, and satisfaction with, providers, including primary care and specialist providers, with respect to individuals who are enrolled in State Medicaid plans under title XIX of the Social Security Act. (2) Process.--The Director of the Agency for Healthcare Research and Quality shall develop the metrics described in paragraph (1) through a public process, which shall provide opportunities for stakeholders to participate. (b) Updating Metrics.--The Director of the Agency for Healthcare Research and Quality, in consultation with the Deputy Administrator for the Center for Medicaid and CHIP Services and State Medicaid Directors, shall update the metrics developed under subsection (a) not less than once every 3 years. (c) State Implementation Funding.--The Director of the Agency for Healthcare Research and Quality may award funds, from the amount appropriated under subsection (d), to States for the purpose of implementing the metrics developed under this section. (d) Appropriation.--There is appropriated to the Director of the Agency for Healthcare Research and Quality, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for fiscal year 2022, to remain available until expended, for the purpose of carrying out this section. SEC. 4. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. (a) Renewal of Payment Floor; Additional Providers.-- (1) In general.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; ``(III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; ``(IV) by a rural health clinic, federally qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse- midwife; or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;''. (2) Conforming amendments.--Section 1905(dd) of the Social Security Act (42 U.S.C. 1396d(dd)) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; (B) by inserting ``or furnished during the additional period specified in paragraph (2),'' after ``2015,''; and (C) by adding at the end the following: ``(2) Additional period.--For purposes of paragraph (1), the additional period specified in this paragraph is the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act.''. (b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (A) in clause (xii), by striking ``and'' after the semicolon; (B) in clause (xiii)-- (i) by realigning the left margin so as to align with the left margin of clause (xii); and (ii) by striking the period at the end of clause (xiii) and inserting ``; and''; and (C) by inserting after clause (xiii) the following: ``(xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(C) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(C) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I).''. (2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. SEC. 5. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE INDIVIDUALS. (a) In General.--Section 1905(y)(1) of the Social Security Act (42 U.S.C. 1396d(y)(1)) is amended-- (1) in subparagraph (A), by striking ``2014, 2015, and 2016'' and inserting ``each of the first 3 consecutive 12-month periods in which the State provides medical assistance to newly eligible individuals''; (2) in subparagraph (B), by striking ``2017'' and inserting ``the fourth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals''; (3) in subparagraph (C), by striking ``2018'' and inserting ``the fifth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals''; (4) in subparagraph (D), by striking ``2019'' and inserting ``the sixth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals''; and (5) in subparagraph (E), by striking ``2020 and each year thereafter'' and inserting ``the seventh consecutive 12-month period in which the State provides medical assistance to newly eligible individuals and each such period thereafter''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111-148. SEC. 6. MEDICAID COVERAGE OF COMPREHENSIVE REPRODUCTIVE HEALTH CARE SERVICES. (a) Inclusion of Comprehensive Reproductive Health Care Services as Medical Assistance.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by section 2(h), is further amended-- (1) in paragraph (30), by striking ``and'' at the end; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting after paragraph (30) the following new paragraph: ``(31) comprehensive reproductive health care services, including abortion services and abortion-related services; and''. (b) Requiring Coverage of Comprehensive Reproductive Health Care Services as Condition of State Plan Approval.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), as amended by subsections (a) and (h) of section 2, is further amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), and (31)''. (c) Conforming Amendment.--Section 1932(e)(1)(B) of the Social Security Act (42 U.S.C. 1396u-2(e)(1)(B)) is amended by striking ``Clause (i)'' and inserting ``With respect to the period beginning before January 1, 2023, clause (i)''. (d) Effective Date.--The amendments made by this section shall apply with respect to medical assistance furnished on or after January 1, 2023. <all>

State Public Option Act

A bill to establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan.

State Public Option Act

Sen. Schatz, Brian

D

HI

This bill allows residents who are not already eligible for Medicaid and not concurrently enrolled in other health insurance coverage to buy into a state Medicaid plan beginning January 1, 2022, at the option of the state. State Medicaid programs may set premiums and cost-sharing requirements for such coverage in accordance with specified limitations. The bill also (1) provides the enhanced Federal Medical Assistance Percentage (i.e., federal matching rate) to every state that expands Medicaid coverage for individuals who are newly eligible under the Patient Protection and Affordable Care Act, regardless of when such expansion takes place; and (2) requires state Medicaid programs to cover comprehensive reproductive health care services, including abortion services.

SHORT TITLE. This Act may be cited as the ``State Public Option Act''. 2. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. 3. 1396d(dd)) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; (B) by inserting ``or furnished during the additional period specified in paragraph (2),'' after ``2015,''; and (C) by adding at the end the following: ``(2) Additional period.--For purposes of paragraph (1), the additional period specified in this paragraph is the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act.''. 5. SEC. MEDICAID COVERAGE OF COMPREHENSIVE REPRODUCTIVE HEALTH CARE SERVICES.

SHORT TITLE. This Act may be cited as the ``State Public Option Act''. 2. MEDICAID BUY-IN OPTION. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ``(B) Other cost-sharing.-- ``(i) In general.--The cost-sharing limitations described in section 1302(c) of the Patient Protection and Affordable Care Act shall apply to cost-sharing (as defined in such section) for medical assistance provided under section 1902(a)(10)(A)(ii)(XXIV) in the same manner as such limitations apply to cost- sharing under qualified health plans under title I of such Act. ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. 3. DEVELOPMENT OF STATE-LEVEL METRICS ON MEDICAID BENEFICIARY ACCESS AND SATISFACTION. (d) Appropriation.--There is appropriated to the Director of the Agency for Healthcare Research and Quality, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for fiscal year 2022, to remain available until expended, for the purpose of carrying out this section. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; ``(III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; ``(IV) by a rural health clinic, federally qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse- midwife; or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;''. 1396d(dd)) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; (B) by inserting ``or furnished during the additional period specified in paragraph (2),'' after ``2015,''; and (C) by adding at the end the following: ``(2) Additional period.--For purposes of paragraph (1), the additional period specified in this paragraph is the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act.''. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. 5. SEC. 6. MEDICAID COVERAGE OF COMPREHENSIVE REPRODUCTIVE HEALTH CARE SERVICES. (d) Effective Date.--The amendments made by this section shall apply with respect to medical assistance furnished on or after January 1, 2023.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. a) In General.--Section 1902 of the Social Security Act (42 U.S.C. b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. (2) Conforming amendment.--Section 1903(i)(26) of the Social Security Act (42 U.S.C. 1396b(i)(26)) is amended by striking ``individuals described in subclause (VIII) of subsection (a)(10)(A)(i)'' and inserting ``individuals described in subsections (a)(10)(A)(i)(VIII) or (a)(10)(A)(ii)(XXIV) of section 1902''. ( c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. ( 1396o) (as added by this Act), including any advance payments of premium tax credits under section 1412 of the Patient Protection and Affordable Care Act or payments for cost-sharing reductions under section 1402 of such Act that are received by the State, the total amount expended during such quarter as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of the Social Security Act (as added by this Act) shall be reduced by the amount of such premiums or charges. ( d) Cost-Sharing Requirement.--Section 1916 of the Social Security Act (42 U.S.C. ``(2) Limitations.-- ``(A) Premiums.--The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family's household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. ``(B) Other cost-sharing.-- ``(i) In general.--The cost-sharing limitations described in section 1302(c) of the Patient Protection and Affordable Care Act shall apply to cost-sharing (as defined in such section) for medical assistance provided under section 1902(a)(10)(A)(ii)(XXIV) in the same manner as such limitations apply to cost- sharing under qualified health plans under title I of such Act. ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. ( e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``, including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),'' after ``the State plan under this title''. (f) Offering Buy-In Program on State Exchange; Enrollment Periods.-- (1) In general.--A State that has elected to allow individuals to buy into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) shall allow individuals to enroll in such coverage through the Federal, federally facilitated, or State Exchange established pursuant to title I of the Patient Protection and Affordable Care Act. ( 2) Enrollment periods.--A State may limit the enrollment of individuals into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) to the enrollment periods provided for under section 1311(c)(6) of the Patient Protection and Affordable Care Act. ( ''; and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ``(2) Subsection (c)(2)(A)(i) shall be applied by treating coverage under the Medicaid program under title XIX of the Social Security Act in the same manner as a qualified health plan that was enrolled in through an Exchange. (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. ( 3) Conforming amendment relating to employer responsibility.--Paragraph (6) of section 4980H(c) of the Internal Revenue Code of 1986 is amended by inserting ``, except that for purposes of subsections (a)(2) and (b)(2), the term `qualified health plan' shall include any plan described in section 36B(h)'' after ``such Act''. ( 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( 2) Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(ii)(XXIV),'' after ``1902(a)(10)(A)(ii)(XXII),''. ( (a) In General.-- (1) Development of metrics.--Not later than 1 year after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality, in consultation with State Medicaid Directors, shall develop standardized, State-level metrics of access to, and satisfaction with, providers, including primary care and specialist providers, with respect to individuals who are enrolled in State Medicaid plans under title XIX of the Social Security Act. ( c) State Implementation Funding.--The Director of the Agency for Healthcare Research and Quality may award funds, from the amount appropriated under subsection (d), to States for the purpose of implementing the metrics developed under this section. ( RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. ( a) Renewal of Payment Floor; Additional Providers.-- (1) In general.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE INDIVIDUALS. ( a) Inclusion of Comprehensive Reproductive Health Care Services as Medical Assistance.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), as amended by section 2(h), is further amended-- (1) in paragraph (30), by striking ``and'' at the end; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting after paragraph (30) the following new paragraph: ``(31) comprehensive reproductive health care services, including abortion services and abortion-related services; and''. ( c) Conforming Amendment.--Section 1932(e)(1)(B) of the Social Security Act (42 U.S.C. 1396u-2(e)(1)(B)) is amended by striking ``Clause (i)'' and inserting ``With respect to the period beginning before January 1, 2023, clause (i)''. (

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ( (c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. ( B) Treatment of excess premiums.--Each State that collects premiums or similar charges under subsection (k) of section 1916 of the Social Security Act (42 U.S.C. 1396o) (as added by this Act) in a fiscal year shall pay to the Secretary of Health and Human Services, at such time and in such form and manner as the Secretary shall specify, an amount equal to 50 percent of the amount, if any, by which-- (i) the total amount of such premiums and charges collected by the State for such year; exceeds (ii) the total amount expended by the State during such year as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of such Act (as added by this Act). ( ``(2) Limitations.-- ``(A) Premiums.--The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family's household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. ( e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``, including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),'' after ``the State plan under this title''. (f) Offering Buy-In Program on State Exchange; Enrollment Periods.-- (1) In general.--A State that has elected to allow individuals to buy into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) shall allow individuals to enroll in such coverage through the Federal, federally facilitated, or State Exchange established pursuant to title I of the Patient Protection and Affordable Care Act. ( and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ``(3) In applying subsection (c)(2)(B)-- ``(A) an individual shall not be considered to be eligible for minimum essential coverage described in section 5000A(f)(1)(A)(ii) by reason of eligibility for medical assistance under a State Medicaid program under section 1902(a)(10)(A)(ii)(XXIV); and ``(B) an individual who is not covered by minimum essential coverage described in section 5000A(f)(1)(B) shall not be considered to be eligible for such coverage.''. ( (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. ( h) Conforming Amendments.-- (1) Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( 1396d(a)) is amended, in the matter preceding paragraph (1)-- (A) by striking ``or'' at the end of clause (xvi); (B) by inserting ``or'' at the end of clause (xvii); and (C) by inserting after clause (xvii) the following new clause: ``(xviii) individuals described in section 1902(a)(10)(A)(ii)(XXIV),''. ( a) In General.-- (1) Development of metrics.--Not later than 1 year after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality, in consultation with State Medicaid Directors, shall develop standardized, State-level metrics of access to, and satisfaction with, providers, including primary care and specialist providers, with respect to individuals who are enrolled in State Medicaid plans under title XIX of the Social Security Act. ( RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. ( a) Renewal of Payment Floor; Additional Providers.-- (1) In general.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE INDIVIDUALS. ( b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111-148. b) Requiring Coverage of Comprehensive Reproductive Health Care Services as Condition of State Plan Approval.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), as amended by subsections (a) and (h) of section 2, is further amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), and (31)''. ( (d) Effective Date.--The amendments made by this section shall apply with respect to medical assistance furnished on or after January 1, 2023.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. ( ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. ( and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. ( h) Conforming Amendments.-- (1) Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111-148.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. a) In General.--Section 1902 of the Social Security Act (42 U.S.C. b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ( ( 1396o) (as added by this Act), including any advance payments of premium tax credits under section 1412 of the Patient Protection and Affordable Care Act or payments for cost-sharing reductions under section 1402 of such Act that are received by the State, the total amount expended during such quarter as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of the Social Security Act (as added by this Act) shall be reduced by the amount of such premiums or charges. ( d) Cost-Sharing Requirement.--Section 1916 of the Social Security Act (42 U.S.C. ``(2) Limitations.-- ``(A) Premiums.--The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family's household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. ( e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``, including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),'' after ``the State plan under this title''. ( ( 2) Enrollment periods.--A State may limit the enrollment of individuals into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) to the enrollment periods provided for under section 1311(c)(6) of the Patient Protection and Affordable Care Act. ( ''; and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( a) In General.-- (1) Development of metrics.--Not later than 1 year after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality, in consultation with State Medicaid Directors, shall develop standardized, State-level metrics of access to, and satisfaction with, providers, including primary care and specialist providers, with respect to individuals who are enrolled in State Medicaid plans under title XIX of the Social Security Act. ( b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. ( c) Conforming Amendment.--Section 1932(e)(1)(B) of the Social Security Act (42 U.S.C. 1396u-2(e)(1)(B)) is amended by striking ``Clause (i)'' and inserting ``With respect to the period beginning before January 1, 2023, clause (i)''. (

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. ( ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. ( and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. ( h) Conforming Amendments.-- (1) Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111-148.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. a) In General.--Section 1902 of the Social Security Act (42 U.S.C. b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ( ( ``(2) Limitations.-- ``(A) Premiums.--The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family's household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``, including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),'' after ``the State plan under this title''. ( ( ( ''; and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. (

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. ( ``(4) Application of premium assistance tax credits.--An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year.''. ( and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( (B) Determinations and payments.--Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. ( h) Conforming Amendments.-- (1) Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111-148.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. a) In General.--Section 1902 of the Social Security Act (42 U.S.C. b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ( ( ``(2) Limitations.-- ``(A) Premiums.--The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family's household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``, including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),'' after ``the State plan under this title''. ( ( ( ''; and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( 1396a(a)(10)), as amended by subsection (a), is further amended, in the matter following subparagraph (G)-- (A) by striking ``and (XVIII)'' and inserting ``, (XVIII)''; and (B) by inserting ``, and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1)'' before the semicolon. ( 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. (

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. c) Federal Financial Participation in Buy-In Program.-- (1) Enhanced match for administrative expenses.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus''. ( ( ( c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111-148.

To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan. a) In General.--Section 1902 of the Social Security Act (42 U.S.C. b) Provision of at Least Minimum Coverage.-- (1) In general.--Section 1902(k)(1) of the Social Security Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii)'' after ``an individual described in subclause (VIII) of subsection (a)(10)(A)(i)'' each place it appears. ( ( ( ( ( ''; and (B) by adding at the end the following new subsection: ``(h) Application to Individuals Purchasing Medicaid Coverage.--In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: ``(1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. ( 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. ( 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. (

11,308

12,373

H.R.5740

Environmental Protection

This bill provides statutory authority for the rule published on August 27, 2019, by the Department of the Interior entitled Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat. The rule addressed procedures and criteria used for (1) listing or removing species from the lists of endangered and threatened wildlife and plants, and (2) designating critical habitat.

To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CODIFICATION OF REGULATIONS RELATING TO ENDANGERED SPECIES AND THREATENED SPECIES LISTING AND CRITICAL HABITAT DESIGNATION. The amendments to part 424 of title 50, Code of Federal Regulations, made by the final rule promulgated by the Secretary of the Interior entitled ``Endangered Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat'' and published August 27, 2019 (84 Fed. Reg. 45020), shall have the force and effect of law. <all>

To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation.

Official Titles - House of Representatives Official Title as Introduced To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation.

Rep. Newhouse, Dan

R

WA

This bill provides statutory authority for the rule published on August 27, 2019, by the Department of the Interior entitled Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat. The rule addressed procedures and criteria used for (1) listing or removing species from the lists of endangered and threatened wildlife and plants, and (2) designating critical habitat.

To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CODIFICATION OF REGULATIONS RELATING TO ENDANGERED SPECIES AND THREATENED SPECIES LISTING AND CRITICAL HABITAT DESIGNATION. The amendments to part 424 of title 50, Code of Federal Regulations, made by the final rule promulgated by the Secretary of the Interior entitled ``Endangered Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat'' and published August 27, 2019 (84 Fed. Reg. 45020), shall have the force and effect of law. <all>

To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

11,309

2,460

S.2506

Public Lands and Natural Resources

Tree Spiking Mitigation Act of 2021 This bill directs the Forest Service and the Bureau of Land Management (BLM) to coordinate to take necessary actions to ensure the detection, identification, and, as determined to be appropriate, mitigation of tree spiking devices located on federal lands. A tree spiking device includes spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber to impede logging. To carry out such activities, the Forest Service and the BLM shall prioritize areas in which (1) incidences of tree spiking devices have occurred, or (2) the Forest Service and the BLM suspect that there are tree spiking devices. No later than 90 days after the enactment of this bill, the Forest Service and the BLM shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tree Spiking Mitigation Act of 2021''. SEC. 2. DETECTION, IDENTIFICATION, AND MITIGATION OF TREE SPIKING DEVICES ON FEDERAL LAND. (a) In General.--The Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. SEC. 3. UPDATES TO SAFETY GUIDELINES AND TRAINING PROTOCOLS. Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. SEC. 4. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))), except-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code. <all>

Tree Spiking Mitigation Act of 2021

A bill to require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes.

Tree Spiking Mitigation Act of 2021

Sen. Barrasso, John

R

WY

This bill directs the Forest Service and the Bureau of Land Management (BLM) to coordinate to take necessary actions to ensure the detection, identification, and, as determined to be appropriate, mitigation of tree spiking devices located on federal lands. A tree spiking device includes spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber to impede logging. To carry out such activities, the Forest Service and the BLM shall prioritize areas in which (1) incidences of tree spiking devices have occurred, or (2) the Forest Service and the BLM suspect that there are tree spiking devices. No later than 90 days after the enactment of this bill, the Forest Service and the BLM shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tree Spiking Mitigation Act of 2021''. SEC. 2. DETECTION, IDENTIFICATION, AND MITIGATION OF TREE SPIKING DEVICES ON FEDERAL LAND. (a) In General.--The Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. SEC. 3. UPDATES TO SAFETY GUIDELINES AND TRAINING PROTOCOLS. Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. SEC. 4. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))), except-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code. <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 ``Tree Spiking Mitigation Act of 2021''. DETECTION, IDENTIFICATION, AND MITIGATION OF TREE SPIKING DEVICES ON FEDERAL LAND. (a) In General.--The Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. 3. UPDATES TO SAFETY GUIDELINES AND TRAINING PROTOCOLS. Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. SEC. 4. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))), except-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq. ); or (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tree Spiking Mitigation Act of 2021''. SEC. 2. DETECTION, IDENTIFICATION, AND MITIGATION OF TREE SPIKING DEVICES ON FEDERAL LAND. (a) In General.--The Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. SEC. 3. UPDATES TO SAFETY GUIDELINES AND TRAINING PROTOCOLS. Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. SEC. 4. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))), except-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code. <all>

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. ( (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. ( 3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. ( (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. ( 3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. ( (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. ( 3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( c) Memoranda of Understanding.--The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. ( (2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. ( 3) Tree spiking device.--The term ``tree spiking device'' means any tree spiking device described in section 1864(d)(3) of title 18, United States Code.

To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes. b) Prioritization.--For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which-- (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. ( Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 2) Secretaries.--The term ``Secretaries'' means each of-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (